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                              CHAPTER 48 No. ZONING CODE*

* State law reference- Zoning, Wis. Stats. §§ 61.35, 62.23.

                                    ARTICLE I. IN GENERAL

Sec. 48-01. AUTHORITY. These regulations are adopted under the authority granted by
Sec. 61.35 and 62.23(7), Wis. Stats.
(Ord. of 10-13-1997, § 48-01)

Sec. 48-02. SHORT TITLE. This chapter shall be known as, referred to or cited as the
"Zoning Code, Village of Brooklyn, Wisconsin."

Sec. 48-03. PURPOSE. The purpose of this chapter is to promote the health, safety,
prosperity, aesthetics and general welfare of the Village.

Sec. 48-04. INTENT. It is the general intent of this chapter to regulate and restrict the
use of all structures, lands and waters; regulate and restrict lot coverage, population
distribution and density, and the size and location of all structures so as to lessen
congestion in and promote the safety and efficiency of the streets and highways; secure
safety from fire, flooding, panic and other dangers; provide adequate light, air, sanitation
and drainage; prevent overcrowding; avoid undue population concentration; facilitate the
adequate provision of public facilities and utilities; stabilize and protect property values;
further the appropriate use of land and conservation of natural resources; preserve and
promote the beauty of the Village; and implement the Village comprehensive plan or plan
components. It is further intended to provide for the administration and enforcement of
this chapter and to provide penalties for its violation.

Sec. 48-05. ABROGATION AND GREATER RESTRICTIONS. It is not intended by this
chapter to repeal, abrogate, annul, impair or interfere with any existing easements,
covenants, deed restrictions, agreements, ordinances, rules, regulations or permits
previously adopted or issued pursuant to law. However, wherever this chapter imposes
greater restrictions, the provisions of the chapter shall govern.

Sec. 48-06. INTERPRETATION. In their interpretation and application, the provisions of
this chapter shall be held to be minimum requirements and shall be liberally construed in
favor of the Village and shall not be deemed a limitation or repeal of any other power
granted by the Wisconsin Statutes.

Sec. 48-07. SEVERABILITY. If any section, clause, provision or portion of this chapter is
adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of




1
    Ch. 48- Zoning Code. We recommend changing the designation of this chapter to that of an
         appendix to the Code, due to the procedural steps required to validly adopt or amend a
         zoning ordinance under Wis. Stats. § 61.35(―Village Planning‖). Recommendation rejected
         by village at conference. Instead, we make the post-conference recommendation to place
         this chapter in a new part of the Code entitled ―Land Development Code,‖ for purposes of
         organizational and subject matter consistency.
                                                                                      Page 2 of 83

                                              2
this chapter shall not be affected thereby.

Sec. 48-08. REPEAL. All other ordinances or parts or ordinances of the Village
inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are
hereby repealed. 3

Sec. 48-09. EFFECTIVE DATE. This chapter shall be effective after a public hearing,
adoption by the Village Board and publication or posting as provided by law.
(____________).4

Sec. 48-10. DEFINITIONS. For the purposes of this chapter, the following definitions
shall be used, unless a different definition is specifically provided for a section:

(1) ACCESSORY BUILDING A building which:

      1.     Is subordinate to and serves a principal structure or a principal use;

      2.    Is subordinate in area, extend, and purpose to the principal structure of use
      served:

      3.    Is located on the same lot as the principal structure or use served except as
      otherwise expressly authorized by provisions of this title; and

      4.     Is customarily incidental to the principal structure or use. Any portion of a
      principal building devoted or intended to be devoted to an accessory use is not an
      accessory building.

(2) ACCESSORY USE. A use subordinate in nature, extent or purpose to the principal use
of the building or lot.

(3) ADVERTISING SIGN, OUTDOOR. A structural poster panel or painted sign, either free
standing or attached to the outside of a building, for the purpose of conveying
information, knowledge or idea to the public about a subject either related or unrelated to
the premises upon which located.

(4) ADVERTISING STRUCTURE, OUTDOOR. Anything constructed or erected, either free
standing or attached to the outside of a building, for the purpose of conveying
information, knowledge or ideas to the public about a subject either related or unrelated
to the premises upon which located.

(5) ALLEY. A way which affords only a secondary means of access to abutting property
and which is not more than twenty-four (24) feet wide.



2
  Ch. 48- Zoning    Code, § 48-07. Severability. We recommend that this section be stricken as
       covered by   a similar provision appearing in ―Ch. 1- General Provisions‖ of this Code.
3
  Ch. 48- Zoning    Code, § 48-08. Repeal. We recommend that this section be stricken as
       covered by   a similar provision appearing in ―Ch. 1- General Provisions‖ of this Code.
4
  Ch. 48- Zoning    Code, § 48-09. Effective Date. Ibid.
                                                                                     Page 3 of 83


(6) APARTMENT. A portion of a residential or commercial building used as a separate
housing unit.

(7) APARTMENT HOUSE. See dwelling, multiple.

(8) ARTERIAL STREET. A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways shall include freeways and
expressways as well as arterial streets, highways, and parkways.

(9) BASEMENT OR CELLAR. A story partly underground but having at least one-half of its
height, or more than five (5) feet, below the mean level of the adjoining ground. See
DILHR Wis. Adm. Code COM Chapters 20,21, and 22. (See figure 2.) 5

(10) BOARDING HOUSE. A building other than a hotel where meals or lodging and meals
are served for compensation for not more than six (6) persons.

11) BUILDING. A structure having a roof and intended for the shelter, housing or
enclosure for persons, animals or chattel.

12) BUILDING COVERAGE: The percentage of a lot covered by principal and accessory
buildings, including all structures with a roof.

13) BUILDING LINE: A line on a lot, generally parallel to a lot line or road right-of-way
line, located a sufficient distance there from to provide the minimum yards required by
this title. The building line determines the area in which buildings are permitted subject to
all applicable provisions of this title. This is also referred to as a ―setback‖.

14) BUILDING, HEIGHT OF. Means the vertical distance from: (1) the average elevation of
the adjoining ground level; or (2) the established grade, whichever is lower to the top of
the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly
above the highest wall of a shed roof, to the uppermost point on a round or other arch
type roof, to the mean distance of the highest gable on a pitched or hip roof. Also applies
to structures.

15) BUILDING, PRINCIPAL. A building in which is conducted the main use of the lot on
which said building is located.

16) BUSINESS. Includes the commercial, limited industrial and general industrial uses and
districts as herein defined.

17) CARPORT. See "GARAGE."

18) CLINIC. A building used by a group of doctors for the medical examination or
treatment of persons on an outpatient or non-boarding basis only.

19) CLUB. A building owned, leased or hired by a nonprofit association of persons who are



5
    Ch. 48- Zoning Code, § 48-10(19a). Definitions. We recommend updating references from
         the Wis. Adm. Code IHLR to the Wis. Adm. Code COM in this provision.
                                                                                          Page 4 of 83


bona fide members, the use of which is restricted to said members and their guests.

19a) COMMUNITY LIVING ARRANGEMENT. The following facilities licensed or operated, or
permitted under the authority of Wisconsin Statutes: Child welfare agencies under Sec.
Wis. Stats. § 48.60, group foster homes for children under Sec. 48.02(7m) Wis. Stats. §
48.02(7), and community-based residential facilities under Sec. Wis. Stats. § 50.01; but
does not include day care centers, nursing homes, general hospitals, special hospitals,
prisons, and jails. The establishment of a community living arrangement shall be in
conformity with applicable sections of the Wisconsin Statutes, including Sections Wis.
Stats. §§ 46.03(22), 69.97(15), 62.23(7a), 560.9808 and amendments thereto, and also
                                    6
the Wisconsin Administrative Code.

20) CONDITIONAL USE. A use of land, water or building which is allowable only after the
issuance of a special permit by Plan Commission under conditions specified in this chapter.

21) CONFORMING USE. Any lawful use of a building or lot which complies with the
provisions of this chapter.

22) COURT. An open, unoccupied space other than a yard, on the same lot with a
building, and which is bounded on two (2) sides by the building.

23) CURB BREAK. Any interruption or break in the line of a street curb in order to connect
a driveway to a street or otherwise to provide vehicular access to abutting property

24) CURB LEVEL. The level of the established curb in the front of the building measured at
the center of such front.

25) DAY CARE CENTER. A place or home which provides care for four (4) or more children
under the age of seven (7) years for less than twenty-four (24) hours a day and is
licensed as provided for in Sec 48.65, Wis. Stats.

26) DWELLING UNIT. A building or portion thereof used exclusively for human habitation,
including single-family, two-family and multifamily dwellings, but not including hotels,
motels or lodging houses.

27) DWELLING, ONE-FAMILY. A detached building designed, arranged or used for and
occupied exclusively by one family. Shall include specially designed buildings covered by
earth and manufactured homes and exclude mobile homes.

28) DWELLING, TWO-FAMILY. A building designed, arranged or used for, or occupied
exclusively, by two (2) families living independently of each other.



6
    Code 1993, § 48-10(19a). Definitions. We recommend changing the citation of Wis. Stats. §
        48.02(7m) to § 48.02(7), as the former no longer appears in the statutes. We further
        recommend changing the citation of Wis. Stats. § 69.97(15) in this provision as that statute
        does not exist. If the intended citation was to Wis. Stats. § 46.97, then we recommend
        updating the citation to Wis. Stats. § 560.9808 as the former has been renumbered by the
        Wisconsin legislature through 1991 Act 39, § 1378, effective July 1, 1992 and 2003 Act 33,
        § 159, effective Aug. 24, 2003.
                                                                                    Page 5 of 83


29) DWELLING, MULTIPLE. A building or portion thereof used or designated as a residence
for three (3) or more families as separate housekeeping units, including apartments,
attached townhouses and condominiums.

30) DWELLING GROUP. A group of two (2) or more multi-family dwellings occupying a lot
in one ownership with any two (2) or more dwellings having any yard or court in common.

31) EMERGENCY SHELTERS. Public or private enclosures designed to protect people from
aerial, radiological, biological or chemical warfare; fire; flood; windstorm; riots; or
invasions.

32) FAMILY. One or more persons immediately related by blood, marriage, adoption or
guardianship and living as a single housekeeping unit in one dwelling unit shall constitute
a family. A family may include in addition thereto two (2) but not more than two (2)
persons not related by blood, marriage, adoption or guardianship. A person shall be
considered to be related for the purpose of this section if he is dwelling for the purpose of
adoption or for a foster care program.

33) FARM. Land consisting of five (5) acres or more on which produce, crops, livestock or
flowers are grown primarily for off-premise consumption, use or sale.

34) FLOOR AREA. The sum of the gross horizontal areas of the several floors of a dwelling
unit, exclusive of porches, balconies, garages, basements and cellars, measured from the
exterior faces of the exterior walls or from the center lines of walls or portions separating
dwelling units. For uses other than residential, the floor area shall be measured from the
exterior faces of the exterior walls or from the centerline of walls or partitions separating
such uses, and shall include all floors, lofts, balconies, mezzanines, cellars, basements
and similar areas devoted to such uses.

34a) FOSTER FAMILY HOME. The primary domicile of a foster parent which is for four (4)
or fewer foster children and which is licensed under Sec 48.62 of the Wisconsin Statutes
and amendments thereto.

35) FRONTAGE. All of the property abutting on one side of a street measured along the
street line.

36) GARAGE. Means a detached building or portion of the principal building, including a
carport, which is used primarily for storing passenger vehicles, trailers, trucks,
recreational vehicles and equipment.

37) GARAGE, PUBLIC. A building other than a private or storage garage used for the care,
repair or storage of self-propelled vehicles or where such vehicles are left for
remuneration, hire or sale. This includes premises commonly known as gasoline stations
or service stations.

38) GASOLINE STATION. Any area of land, including structures thereon, that is used for
the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances;
sale of motor vehicle accessories; and which may include facilities used or designed to be
used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or
servicing such vehicles.
                                                                                     Page 6 of 83



38a) GROUP FOSTER HOME. Any facility operated by a person required to be licensed by
the State of Wisconsin under Sec. 48.62, Wis. Stats., for the care and maintenance of five
(5) to eight (8) foster children.

39) HOME OCCUPATION. Any business or profession carried on only by a member of the
immediate family residing on the premises, carried on wholly within the principal building
or accessory building thereto; in connection with which there are no signs or exterior
display or storage other than a sign permitted by Ordinance 29.07, and no activity that
will indicate from the exterior that the building(s) is being used in whole or in part for any
purpose other than that of a dwelling.

40) HOTEL. A building occupied as the more or less temporary abiding place of individuals
who are lodged, with or without meals, and in which there are more than six (6) sleeping
rooms, usually occupied singly, and no provision made for cooking in the individual
apartments.

41) HOUSE TRAILER. A non-self-propelled vehicle, containing living or sleeping
accommodations which is designed and used for highway travel.

42) JUNK YARD. An open space where waste, used or second-hand materials are bought,
sold, exchanged, stored, baled, packed, disassembled or handled, including, but not
limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A "junk
yard" also includes an auto wrecking yard, but does not include uses established entirely
within enclosed buildings.

43) LOADING AREA. A completely off-street space or berth on the same lot for the loading
or unloading of freight carriers having adequate ingress and egress to a public street or
ally.

44) LOT. A parcel of land having frontage on a public street, occupied or intended to be
occupied by a principal structure or use, and sufficient in size to meet the lot width, lot
frontage, lot area, yard, parking area and other open space provisions of this chapter.
(See Figures 3 and 4.)

45) LOT LINES AND AREA. The peripheral boundaries of a parcel of land and the total area
lying with such boundaries.

46) LOT WIDTH. The width of a parcel of land measured at the rear of the specified street
yard.

47) LOT, REVERSED CORNER. A corner lot, the street side lot line of which is substantially
a continuation of the front lot line of the first lot to its rear.

48) LOT, THROUGH. A lot having a pair of opposite lot lines along two (2) or more parallel
public streets and which is not a corner lot. On a through lot both street lines shall be
deemed front lot lines.

49) LOT, ZONING. A single tract of land located within a single block which, at the time of
filing for a building permit, is designated by its owner or developer as a tract to be used,
                                                                                  Page 7 of 83


developed, or built upon as a unit under single ownership or control.

50) MARQUEE OR CANOPY. A roof-like structure of permanent nature which projects from
the wall of a building.

50b) MOBILE HOME. Every vehicle built on a permanent chassis designed to be towed as
a single unit or in sections upon a highway by a motor vehicle and equipped and used, or
intended to be used, primarily for human habitation, with walls of rigid non-collapsable
construction, except that excluded from this definition is every "manufactured home" as
defined above.

51) MOTEL. A series of attached, semi-attached or detached sleeping units for the
accommodation of transient guests.

52) MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor
truck is assembled and/or stored for routing in intrastate and interstate shipment by
motor truck.

53) MOTOR VEHICLE. Any passenger vehicle, truck, truck-trailer or semi-trailer propelled
or drawn by mechanical power.

54) NONCONFORMING BUILDING OR STRUCTURE. Any building or structure which does
not comply with all of the regulations of this chapter or of any amendment hereto
regulating any building or structure for the zoning district in which such building or
structure is located.

55) NONCONFORMING USE. Any use of land, buildings or structures which does not
comply with all of the regulations of this chapter or of any amendment hereto governing
use for the zoning district in which such use is located.

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

57) NURSERY SCHOOL. Any building used routinely for the daytime care and education of
preschool age children and including all accessory buildings and play areas other than the
child's own home or the homes of relatives or guardians.

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

59) PARKING AREA, SEMI-PUBLIC. An open area other than a street, alley or place used
for temporary parking of more than four (4) self-propelled vehicles and available for
public uses, whether free, for compensation, or as an accommodation for clients or
customers.

60) PARKING SPACE. An off-street space available for the parking of a motor vehicle and
which is exclusive of passageways and driveways, appurtenant thereto and giving access
thereto, except as in Sec. 48-16(3)(c).
                                                                                   Page 8 of 83


61) PLACE. An open unoccupied space other than a street or alley, permanently reserved
as the principal means of access to abutting property.

62) PLANNED RESIDENTIAL DEVELOPMENT. A tract of land which contains or will contain
two (2) or more principal buildings, developed under single ownership or control, the
development of which is unique and of a substantially different character than that of
surrounding areas.

63) PROPERTY LINES. The lines bounding a platted lot as defined herein.

64) PUBLIC WAY. Any sidewalk, street, alley, highway or other public thoroughfare.

65) PROFESSIONAL HOME OFFICES. Residences of doctors of medicine, practitioners,
dentists, clergymen, architects, landscape architects, professional engineers, registered
land surveyors, lawyers, artists, teachers, authors, musicians or other recognized
professions used to conduct their professions where the office does not exceed one-half
the area of only one floor of the residence and only one nonresident person is employed.

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

67) SCHOOL, PRIVATE. An elementary or intermediate school other than a parochial
school giving regular instruction capable of meeting the requirements of state compulsory
education laws and approved as such and operating at least five (5) days a week for a
normal school year and supported by other than public funds, but not including a school
for mental defectives or a college or other institution of higher learning.

68) SCHOOL, COMMERCIAL. A school limited to special instruction such as business, art,
music, trades, handicraft, dancing or riding.

69) STORY. That portion of a building included between the surface of any floor and the
surface of the floor next above it or, if there be no floor above it, then the space between
such floor and the ceiling next above it.

70) STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which on
at least two (2) opposite exterior walls are not more than two (2) feet above the floor of
such story.

71) STREET. A public or private thoroughfare which affords the principal means of access
to abutting property.

72) STRUCTURE. Anything constructed or erected, the use of which requires location on
the ground or that it be attached to something having a location on the ground.

73) SIGNS. Any words, letters, figures, numerals, phrases, sentences, emblems, devices,
designs, trade names or trademarks by which anything is made known and which are
used to advertise or promote an individual, form, association, corporation, profession,
business, commodity or product and which is visible from any public street or highway.
                                                                                      Page 9 of 83


74) STRUCTURAL ALTERATIONS. Any change in the supporting members of a structure
such as foundation, bearing walls, columns, beams or girders.

75) TRAILER PARK. Any lot on which are parked two (2) or more house trailers or mobile
homes for longer than 48 hours.

76) USE. The use of property is the purpose or activity for which the land or building
thereon is designed, arranged or intended, or for which it is occupied or maintained, and
shall include any manner of standards of this chapter.

77) USE, PRINCIPAL. The main use of land or buildings as distinguished from a
subordinate or accessory use. A principal use may be "permitted" or "conditional."

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

79) USE, CONDITIONAL. See definition (20).

80) VENDING MACHINE. A retail business device, electrically or manually operated, used
by the general public to obtain diary products, cigarettes, foodstuffs or other merchandise
without entering a public shop, store, market or other such building.

81) YARD. An open space on the same lot with a structure, unoccupied and unobstructed
from the ground upward, except for vegetation as permitted. The front and rear yards
extend the full width of the lot.

82) YARD, FRONT. A yard extending along the full length of the front lot line between the
side lot lines. (See Figure 3.)

83) YARD, REAR. A yard extending along the full length of the rear lot line between the
side lot lines. (See Figure 3.)

84) YARD, SIDE. A yard extending along a side lot line from the front yard to the rear
yard. (See Figure 3.)

85) YARD, CORNER SIDE. A side yard which adjoins a public street.

86) YARD, INTERIOR SIDE. A side yard which is located immediately adjacent to another
zoning lot or to an alley separating such yard from another zoning lot.

87) YARD, STREET. Yard abutting a street.

88) YARD, TRANSITIONAL. That yard which must be provided on a zoning lot in a
business district which adjoins a zoning lot in a residential district, or that yard which
must be provided on a zoning lot in an industrial district which adjoins a zoning lot in
either a residential or business district.

89) ZONING DISTRICT. An area or areas within the corporate limits for which the
regulations and requirements governing use, lot and bulk of buildings and premises are
                                                                                    Page 10 of 83


uniform.

90) ZERO LOT LINE STRUCTURE. A zero lot line structure is a single two (2) unit dwelling
which exists on two lots and has a common property line where the dwelling units meet.
The structure is required to have a minimum one-hour fire rated wall assembly division,
separating all areas from the lowest level to flush against the underside of the roof. A zero
lot line structure has a side yard of zero (0) feet on the side where the dwelling units
meet at the common property line, and at least ten (10) feet for the other side yard,
except on corner lots where the thirty (30) foot setback is required on both the front and
street sides. A Certified Survey Map is required. See Land Division Regulations Chapter §
47-23 for CSM procedures. ** 1/13/03
(Ord. of 1-13-2003)

Sec. 48-11. GENERAL PROVISIONS.

(1)    JURISDICTION. The jurisdiction of this chapter shall include all lands and water
within the corporate limits of the Village.

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

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

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

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

      (b)   Performance Standards. Performance standards listed in Sec. 48-21 shall be
      complied with by all uses in all districts.

      (c)    Conditional Uses.

             1. Classes of Conditional Uses. Conditional uses may be either denominated
             "regular" or "limited."

             2. General Conditional Use Provisions. Provisions applicable to conditional
             uses generally:

                   a. Conditional uses and their accessory uses are considered as special
                   uses requiring, for their authorization, review, public hearing, and
                   approval by the Plan Commission and Village Board in accordance with
                   Sec. 48-15 of this chapter excepting those existent at time of adoption
                   of the zoning code.
                                                                              Page 11 of 83


            b. Those existing uses which are classified as "conditional uses" for the
            district(s) in which they are located at the time of adoption of this code
            require no action by the Plan Commission to continue as valid
            conditional uses, and the same shall be deemed to be "regular"
            conditional uses.

            c. Proposed change from permitted use in a district to conditional use
            shall require review, public hearing and approval by the Plan
            Commission and Village Board in accordance with Sec. 48-15.

            d. Conditional use(s), when replaced by permitted use(s), shall
            terminate. In such case(s), the reestablishment of any previous
            conditional use(s), or establishment of new conditional use(s) shall
            require review, public hearing and approval by the Plan Commission in
            accordance with Sec. 48-15 of this chapter.

            e. Provisions in this chapter relating generally to conditional uses shall,
            except when in conflict with specific provisions relating to either
            regular or limited conditional uses (which specific provision would then
            control), be deemed to be applicable to both regular and limited
            conditional uses.

      3. Specific Regular Conditional Use Provisions. Provisions applicable
      specifically to regular conditional uses:

            a. Regular conditional uses, either allowed by action of the Plan
            Commission or existent at time of adoption of this code, shall be
            subject to substitution with other conditional use(s) of same or similar
            type shall require procedures and approval in accordance with Sec. 48-
            15.

            b. See Subsection 2.b. above as to conditional uses existent at time of
            adoption of this code being deemed to be the regular conditional uses.

      4. Specific Limited Conditional Use Provisions. Provisions applicable
      specifically to limited conditional uses:

            a. Limited conditional uses authorized by the Plan Commission
            resolution shall be established for a period of time to a time certain or
            until a future happening or event at which the same shall terminate.

            b. Limited conditional uses authorized by the Plan Commission shall
            not be subject to substitution with other conditional uses, either
            regular or limited, whether similar type or not, without Commission
            approval and the procedures required in Sec. 48-15.

(d) Uses Not Specified in Code.

      1. Uses not specified in this chapter which are found by the Plan Commission
      to be sufficiently similar to specified permitted uses for a district shall be
                                                                                     Page 12 of 83


             allowed by the zoning administrator.

              2. Uses not specified in this chapter and which are found sufficiently similar
             to specified conditional uses permitted for a district may be permitted by the
             Plan Commission, public hearing and approval in accordance with Sec. 48-15
             of this chapter.

(4) REDUCTION OR JOINT USE. No lot, yard, parking area, building area or other space
shall be reduced in area or dimension so as not to meet the provisions of this chapter. No
part of any lot, yard, parking area or other space required for a structure or use shall be
used for any other structure or use.

(5) SITE REGULATIONS.

      (a) Site Suitability. No land shall be used or structure erected where the land is
      held unsuitable for such use or structure by the Village Board by reason of flooding,
      concentrated run-off, inadequate drainage, adverse soil or rock formation,
      unfavorable topography, low percolation rate or bearing strength, erosion
      susceptibility, or any other feature likely to be harmful to the health, safety,
      prosperity, aesthetics, and general welfare of this community. The Plan Commission
      in applying the provisions of the section, shall in writing recite the particular facts
      upon which it bases its conclusion that the land is not suitable for certain uses. The
      applicant shall have an opportunity to present evidence contesting such
      unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify,
      or withdraw its determination of unsuitability when making its recommendation to
      the Village Board.

      (b) Street Frontage. All lots shall abut upon a public street or other officially
      approved means of access, and each lot shall have a minimum frontage of thirty-
      three (33) feet; however, to be build able, the lot shall comply with the frontage
      requirements of the zoning district in which it is located. Amended 3/11/2002

      (c) Principal Structures. All principal structures shall be located on a lot. Only one
      principal structure shall be located, erected or moved onto a lot. The Village Board
      may permit as a conditional use more than one (1) principal structure per lot in any
      district where more than one (1) such structure is needed for the orderly
      development of the parcel. Where additional structures are permitted, the Village
      Board, after referral to the Plan Commission for its consideration and
      recommendation, may impose additional yard requirements, landscaping
      requirements or parking requirements, or require a minimum separation distance
      between principal structures.

      (d) Dedicated Street. No building permit shall be issued for a lot which abuts a
      public street dedicated to only a portion of its proposed width and located on that
      side thereof from which the required dedication has not been secured.

      (e) Lots Abutting More Restrictive Districts. Lots abutting more restrictive district
      boundaries shall provide side and rear yards not less than those required in the
      more restrictive abutting district. This does not apply to adjacent residential
      districts. The street yard setbacks in the less restrictive district shall be modified for
                                                                                  Page 13 of 83


      a distance of not less than sixty (60) feet from the more restrictive district
      boundary line so such street yard setbacks shall be no less than the average of the
      street yards required in both districts.

      (f) Preservation of Topography. In order to protect the property owner from
      possible damage due to change in the existing grade of adjoining lands, and to aid
      in preserving and protecting the natural beauty and character of the landscape, no
      change in the existing topography of any land shall be made which would result in
      increasing any portion of the slope to a ratio greater than one and one-half (1 1/2)
      horizontal to one (1) vertical, within a distance of twenty (20) feet from the
      property line, except with the written consent of the owner of the abutting property
      and with the approval of the Plan Commission; or which would alter the existing
      drainage or topography in any way as to adversely affect the adjoining property.

      (g) Decks. For purposes of this chapter, decks shall be considered a part of a
      building or structure.

      (h) Lots Abutting Two Streets. Where a lot abuts on two (2) or more streets or
      alleys having different average established grades, the higher of such grades shall
      control only for a depth of one hundred twenty (120) feet from the line of the
      higher average established grade.

      (i) Double-Frontage Lots. Buildings on through lots and extending from street to
      street may have waived the requirements for a rear yard by furnishing an
      equivalent open space on the same lot in lieu of the required rear yard provided
      that the setback requirements on both streets be complied with. (See Figure 3
      "through lots.")

      (j) Pre-existing Lots. Where a vacant lot has an area less than the minimum
      number of square feet per family required for the district in which it is located and
      was of record as such at the time of the passage of this code, such lot may be
      occupied by one (1) family.
(Ord. of 3-11-2002)

                                 ARTICLE II. DISTRICTS

Sec. 48-12. ZONING DISTRICTS DESIGNATED. For the purpose of this chapter, the
Village is hereby divided into the following thirteen (13) zoning districts:

 (1) R-SL Single-Family Residential Low-Density District
 (2) R-SM Single-Family Residential Medium-Density District
 (3) R-SH Single-Family Residential High-Density District
 (4) R-T Two-Family Residential District
 (5) R-M Multi-Family Residential District
 (6) B-G General Business District
 (7) B-N Neighborhood Business District
 (8) B-P Business Park District
 (9) I Industrial District
(10) Special Purpose District ** Amended 4/10/2006
        (A) Adult Entertainment District
                                                                                  Page 14 of 83


      (B) Ag Agriculture District
      (C) Conservancy District
      (D) P-G Public Grounds District
      (E) P-R Public Recreation District
(Ord. of 4-10-2006)

Sec. 48-13. DISTRICT BOUNDARIES.

(1) ZONING MAP. The boundaries of the districts enumerated in Sec. 48-12 above are
hereby established as shown on a map entitled "Zoning Map, Village of Brooklyn,
Wisconsin," dated __________, which is adopted by reference and made part hereof. The
map shall bear upon its face the attestation of the Village President and the Village Clerk
and shall be available to the public in the office of the Village Clerk. Changes to the
Districts subsequent to __________, shall not be effective until entered and attested on
this certified copy.

(2) BOUNDARY LINES. The boundaries shall be construed to follow corporate limits; U.S.
Public Land Survey lines; lot or property lines; center lines, highways, alleys, easements
and railroad rights of way; or such lines extended unless otherwise noted on the zoning
map.

      (a) Vacation. Vacation of public streets and alleys shall cause the land vacated to
      be automatically placed in the same district as the abutting side on which the
      vacated land reverts.

      (b) Annexations and Consolidations. Annexations to or consolidations with the
      Village subsequent to the effective date of this chapter shall be placed in the R-D
      Rural Development District unless the annexation ordinance temporarily placed the
      land in another district. Within one year, the Plan Commission shall evaluate and
      recommend a permanent district classification to the Village Board.

(3) AMENDMENTS TO MAP. Since April 4, 1995, the Zoning Map has been amended by
ordinance as follows:

      (a) As shown on Official Zoning Map.

Sec. 48-14. DISTRICT USES AND REQUIREMENTS.

(1) R-SL SINGLE-FAMILY RESIDENCE LOW-DENSITY DISTRICT.

      (a) Purpose. The R-SL District is intended to provide a quiet, pleasant and relatively
      spacious living area protected from traffic hazards and the intrusion of incompatible
      land uses.

      (b) Permitted Uses. The following uses of land are permitted in the R-SL District:

             1. Single-family dwelling.

             2. One (1) private detached garage for each residential parcel. (maximum
             900 square feet).
                                                                                   Page 15 of 83



      3. Accessory uses and buildings as follows:

             a. Accessory building incidental to the residential use, not to exceed
             two hundred (200) square feet.

             b. Off-street parking facilities.

             c. Uses and structures customarily accessory and clearly incidental to
             permissible principal uses and structures.

             d. Signs as permitted by Village ordinances.

      4. Community living arrangements which have a capacity for eight (8) or
      fewer persons.

      5. Foster family care.

      6. Uses customarily incident to any of the above uses, provided that no such
      use generates traffic or noise that would create public or private nuisance.

      7. Home occupations/professions. (See section 48-18 (6))

(c) Conditional Uses. The following are permitted as conditional uses within the R-
SL District.

      1. Accessory building in excess of two hundred (200) square feet.

      2. Boarding, rooming, lodging and bed and breakfast houses.

      3. Community living arrangements which have a capacity for nine (9) or
      more persons.

      4. Utilities.

      5. Elementary and secondary schools on at least two (2) acres and not less
      than fifty (50) feet from any residential property line.

      6. Churches.

      7. Garages in excess of 900 square feet.

(d) Lot, Yard and Building Requirements.

       Lot frontage. . . . . . . . . . . . . . . . . . Minimum 90 feet
       Lot area . . . . . . . . . . . . . . . . . . . . . Minimum 12,150 square feet

      Principal building:

             Front yard . . . . . . . . . . . . . . . . . . . Minimum 30 feet
                                                                                        Page 16 of 83


                  Side yards . . . . . . . . . . . . . . . . . . . Minimum 12 feet
                  Rear yard . . . . . . . . . . . . . . . . . . . Minimum 30 feet
                  Corner side yard. . .. . . . . . . . . . . . Minimum 20 feet
                  Building Height . . . . . . . . . . . . . . Maximum 35 feet


           Accessory building:

                  Side yards . . . . . . . . . . . . . . . . . . . Must comply with any existing
                  easements or five (5) feet, whichever is greater
                  Rear yard . . . . . . . . . . . . . . . . . . . . . . Must comply with any
                  existing easements or five (5) feet, whichever is greater
                  Alley . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum 15 feet
                  Building Height . . . . . . . . . . . . . . . . . Maximum 18 feet

                  Total floor area of a single story dwelling . . . . . . Min. 1,000 square
                  feet
                  Total floor area of a two-story dwelling . . . . . . . Min. 1,500 square
                  feet

(2) R-SM SINGLE-FAMILY MEDIUM-DENSITY RESIDENTIAL DISTRICT.

     (a) Purpose. This district is intended to provide for moderate to medium density
     residential development with emphasis on single-family residential uses. This
     district is also intended to provide for alternative development types and for infilling
     opportunities for parcels which for various reasons have been by-passed by
     development. Nonresidential uses are limited to those which are compatible with
     the medium density character of the district.

     (b) Permitted Uses.

           1. Single-family dwellings.

           2. Accessory uses and buildings as follows:

                  a. Accessory buildings, not to exceed two hundred (200) square feet.

                  b. Off-street parking facilities.

                  c. Uses and structures incidental to principal use and structures.

                  d. Signs permitted by ordinance.

           3. Community living arrangements which have a capacity for eight (8) or
           fewer persons.

           4. Foster family home.

           5. One (1) private detached garage for each residential lot.
                                                                                           Page 17 of 83


                6. Home occupations/professions. (See section 48-18 (6))

                                 7
         (c) Conditional Uses.

                1. Same as the R-SL District.

                2. Conversion of single-family dwellings to two or multifamily dwellings, with
                a minimum of eight hundred (800) square feet per dwelling unit, no exterior
                changes and a restrictive covenant requiring one (1) unit to be owner
                occupied.

                3. Garages in excess of 900 square feet.

         (d) Lot, Yard and Building Requirements.

Lot frontage . . . . . . . . . . . . . . . . . . . . .Minimum 80 feet
Lot area . . . . . . . . . . . . . . . . . . . . . . . . Minimum 9,600 square feet

Principal building:
 Front yard . . . . . . . . . . . . . . . . . . . Minimum 30 feet
 Side yards . . . . . . . . . . . . . . . . . . . Minimum 10 feet
 Rear yard . . . . . . . . . . . . . . . . . . . . Minimum 25 feet
 Corner side yard. . . . . . . . . . . . . . . Minimum 20 feet
 Building height . . . . . . . . . . . . . . . Maximum 35 feet

Accessory building:

 Front yard . . . . . . . . . . . . . . . . . . . Minimum 30 feet
 Side yards . . . . . . . . . . . . . . . . . . . Must comply with any existing easements or five
(5) feet, whichever is greater
 Rear yard . . . . . . . . . . . . . . . . . . . .Must comply with any existing easements or five
(5) feet, whichever is greater
Alley . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum 15 feet
Building height . . . . . . . . . . . . . . . . . . Maximum 18 feet

(3) R-SH SINGLE-FAMILY HIGH-DENSITY RESIDENTIAL DISTRICT.

         (a) Purpose. The R-SH District is intended to accommodate those residential uses
         and lot sizes typical of the older residential neighborhoods within the Village.
         Narrower lots and reduced setbacks are characteristic of this district.

         (b) Permitted Use.




7
    Ch. 48- Zoning Code, § 48-14(2)(c). District Uses & Requirements. Given the
         requirements of Wis. Stats. § 62.23(i)(4)—(5)(community living arrangements for more
         than 9 persons are entitled to apply for special zoning permission to locate in areas zoned
         exclusively for residential use), we question the absence of ―community living
         arrangements‖ from the category of conditional uses for this residential district.
                                                                                           Page 18 of 83


                1. Same as the R-SM District.

                                 8
         (c) Conditional Uses.

                1. Same as the R-SM District.

                2. Manufactured homes, only if placement is made by the owner of a site in
                order to replace an existing mobile or manufactured home which previously
                had been legally placed upon the site. Placement shall be in compliance with
                (b) 6. of Sec. 48-14(11).

                3. Garages in excess of 900 square feet

         (d) Lot, Yard and Building Requirements.

Lot frontage . . . . . . . . . . . . . . . . Minimum 70 feet
Lot area . . . . . . . . . . . . . . . . . . . . Minimum 8,400 square feet

Principal building:

Front yard . . . . . . . . . . . . . . . . . . .Minimum 25 feet
Side yards . . . . . . . . . . . . . . . . . . .Minimum 8 feet
Rear yard . . . . . . . . . . . . . . . . . . . Minimum 20 feet
Corner side yard. . . . . . . . . . . . . . Minimum 20 feet
Maximum setback . . . . . . . . . . . . 35 feet
Building Height . . . . . . . . . . . . . Maximum 35 feet

Accessory building:

 Front yard . . . . . . . . . . . . . . . . . . .Minimum 25 feet
 Side yards . . . . . . . . . . . . . . . . . . .Must comply with any existing easements or five (5)
feet, whichever is greater
 Rear yard . . . . . . . . . . . . . . . . . . . Must comply with any existing easements or five (5)
feet, whichever is greater
Alley . . . . . . . . . . . . . . . . . . . . . . . . . .Minimum 15 feet
Building height . . . . . . . . . . . . . . . . . .Maximum 18 feet

(4) R-T TWO-FAMILY RESIDENCE DISTRICT.

         (a) Purpose. The R-T District is intended to provide a quiet, pleasant and relatively
         spacious living area protected from traffic hazards and the intrusion of incompatible
         land uses.




8
    Ch. 48- Zoning Code, § 48-14(3)(c). District Uses & Requirements. Given the
         requirements of Wis. Stats. § 62.23(i)(4)—(5)(community living arrangements for more
         than 9 persons are entitled to apply for special zoning permission to locate in areas zoned
         exclusively for residential use), we question the absence of ―community living
         arrangements‖ from the category of conditional uses for this residential district.
                                                                                           Page 19 of 83


         (b) Permitted Uses.

                1. Two-family dwellings, including zero lot line structures. Single family
                dwellings.

                2. Private detached garage space for up to four (4) cars for each residential
                parcel.

                3. Accessory buildings, not to exceed one hundred twenty (120) square feet,
                and uses as permitted in R-S Single-Family Residential District.

                4. Municipal water-storage facilities and their accessory structures.

                5. Community living arrangements which have a capacity for eight (8) or
                fewer unrelated persons per household (CDRF code).

                6. 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.

                7. Home occupation/profession. (See section 48-18 (6)).

         (c) Conditional Uses. The following are permitted as conditional uses within the R-T
                   9
         District:

                1. Libraries, museums and art galleries.

                2. Hospitals and clinics.

                3. Colleges and vocational schools.

                4. Telephone buildings, exchanges, lines and transformer stations, but
                excepting service garages and storage yards.

                5. Microwave radio relay structures and community television antenna.

                6. Funeral homes.

                7. Accessory buildings in excess of one hundred twenty (120) square feet.

         (d) Lot, Yard and Building Requirements.

Lot frontage . . . . . . . . . . . . . . . . . . . . . Minimum 90 feet
Zero Lot Line Structure . . . . . . Minimum 45 feet



9
    Ch. 48- Zoning Code, § 48-14(4)(c). District Uses & Requirements. Given the
         requirements of Wis. Stats. § 62.23(i)(4)—(5)(community living arrangements for more
         than 9 persons are entitled to apply for special zoning permission to locate in areas zoned
         exclusively for residential use), we question the absence of ―community living
         arrangements‖ from the category of conditional uses for this residential district.
                                                                                        Page 20 of 83


Lot area . . . . . . . . . . . . . . . . . . . . . . . . Minimum 10,800 square feet
Zero Lot Line Structure . . . . . . Minimum 5,400 square feet
Principal building:
Front yard . . . . . . . . . . . . . . . . Minimum 30 feet
Side yards . . . . . . . . . . . . . . . . Minimum 10 feet
 Zero Lot Line Structure . . . No side yard for adjoining walls and ten (10) feet for other
side yard
Rear yard . . . . . . . . . . . . . . . . Minimum 25 feet
 Corner side yard. . . . . . . . . . . Minimum 20 feet
Building height . . . . . . . . . . . . . Maximum 35 feet

Accessory building:

Front yard . . . . . . . . . . . . . . . . Minimum 30 feet
Side yards . . . . . . . . . . . . . . . . Must comply with any existing easements or five (5)
feet, whichever is greater Rear yard . . . . . . . . . . . . . . . . . . . Must comply with any
existing easements or five (5) feet, whichever is greater
 Alley . . . . . . . . . . . . . . . . . . . . . . . Minimum 15 feet
 Building height . . . . . . . . . . . . . . Maximum 18 feet

(5) R-M MULTIPLE-FAMILY RESIDENCE DISTRICT.

        (a) Purpose. The R-M District is intended to provide a living area that is pleasant
        but not so spacious as the R-S and R-T districts, in order to accommodate multiple-
        family residences.

                                                                                           10
        (b) Permitted Uses. The following uses of land are permitted in this district:

               1. All uses permitted in the R-S District, except one- and two-family
               dwellings.

               2. Multiple-family residential buildings.

               3. Rooming and boarding houses for up to four (4) guests.

               4. Charitable institutions, rest homes, convalescent homes, nursing homes,
               for the care of children, homes for the care of the aged, homes for the care
               of the indigent, and similar institutions (CDRF).

               5. Accessory building not to exceed one hundred (100) square feet.

               6. Garages or parking spaces incident to the above uses, provided that
               garages incident to multiple-family residences must be at least seventy-five



10
     Ch. 48- Zoning Code, § 48-14(5)(b). District Uses & Requirements. Given the
         requirements of Wis. Stats. § 62.23(i)(3)—(5)(community living arrangements are generally
         entitled to apply for special zoning permission to locate in areas zoned exclusively for
         residential use), we question the absence of ―community living arrangements‖ from the
         category of permitted and conditional uses for this residential district.
                                                                                      Page 21 of 83


               (75) feet away from the front lot line and thirty (30) feet away from the side
               lot lines; and provided that there must be at least two thousand (2,000)
               square feet of lot area for each vehicle space.

               7. Home occupation/profession. (See section 48-18 (6)).

       (c) Conditional Uses. The following are permitted as conditional uses within the R-M
       District:

               1. Churches and their affiliated uses, graded schools and libraries.

               2. Accessory buildings in excess of one hundred (100) square feet.

               3. Anything over four (4) units

       (d) Lot, Yard and Building Requirements.

Lot frontage . . . . . . . . . . . . . . . . .Minimum 90 feet
Lot area . . . . . . . . . . . . . . . . . . . . Minimum 10,800 square feet

Principal building:

Front yard . . . . . . . . . . . . . . . Minimum 30 feet / Maximum 35 feet
Side yards . . . . . . . . . . . . . . . Minimum 10 feet
Rear yard . . . . . . . . . . . . . . . .Minimum 10 feet
 Corner       side yard. . . . . . . . . . .Minimum 20 feet
Building height . . . . . . . . . . . Maximum 35 feet

Accessory building:

Front yard . . . . . . . . . . . . . . . Minimum 30 feet
Side yards . . . . . . . . . . . . . . . Minimum 10 feet
Rear yard . . . . . . . . . . . . . . . .Minimum 10 feet
 Alley . . . . . . . . . . . . . . . . . . . . . . Minimum 15 feet
 Building Height . . . . . . . . . . . . . Maximum 18 feet

       (e) Other Requirements.

               1. That the floor area ratio, defined as the maximum square footage of total
               floor area permitted for each square foot of land area, is not more than
               0.500.

               2. Efficiency and one-bedroom dwellings shall provide a living area of not less
               then six hundred (600) sq. ft. per unit. Two-bedroom or larger dwelling shall
               provide a living area of not less than seven hundred (700) sq. ft. per unit.

(6) B-G GENERAL BUSINESS DISTRICT.

       (a) Purpose. The B-G District is intended to provide an area for the business and
       commercial needs of the community, especially those which can be most suitably
                                                                                   Page 22 of 83


        located in a compact and centrally located business district.

        (b) Permitted Uses. The following uses of land are permitted in the B-G District:

                                                             11
               1. Paint, glass and wallpaper stores. [523]

               2. Hardware stores. [525]

               3. Department stores, variety stores, general merchandise stores. [53]

               4. General grocery stores, supermarkets, fruit and vegetable stores, meat
               and fish stores, and miscellaneous food stores. [54]

               5. Candy, nut or confectionery stores. [544]

               6. Dairy products stores, including ice cream stores. [545]

               7. 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. [546]

               8. Clothing and shoe stores. [56]

               9. Furniture, home furnishings, and floor covering stores. [57]

               10. Restaurants, lunch rooms and other eating places, except drive-in type
               establishments. [5812]

               11. Taverns, bars, and other drinking places with required license.[5813]

               12. Drug stores and pharmacies. [591]

               13. Liquor stores. [592]

               14. Antique stores and secondhand stores. [593]

               15. Sporting goods stores and bicycle shops. [5941]

               16. Bookstores, not including adult books. [5942]

               17. Stationery stores. [5943]

               18. Jewelry and clock stores. [5944]

               19. Camera and photographic supply stores. [5946]



11
     Ch. 48- Zoning Code, § 48-14(6)(b). District Uses & Requirements. We request that the
         village advise us regarding what the bracketed numbers refer to in this provision.
                                                                     Page 23 of 83



20. Gift, novelty and souvenir shops. [5947]

21. Florist shops. [5992]

22. Tobacco and smokers' supplies stores. [5993]

23. News dealers and newsstands. [5994]

24. Wholesale merchandise establishments, only for retail items listed above;
e.g. #19 would allow wholesale camera sales.

25. Banks and other financial institutions. [60-62]

26. Offices of insurance companies, agents, brokers and service
representatives. [63-64]

27. Offices of real estate agents, brokers, managers and title companies.
[65-67]

28. Hotels and motels. [701]

29. Rooming and boarding houses. [702]

30. Retail laundry and dry cleaning outlets, including coin-operated laundries
and dry cleaning establishments, commonly called Laundromats and
launderettes. Tailor shops, dressmakers' shops, and garment repair shops,
but not garment pressing establishments, hand laundries, or hat cleaning
and blocking establishments. [721]

31. Photographic studios and commercial photography establishments. [722]

32. Barbershops, beauty shops, and hairdressers. [723-4]

33. Shoe repair shops and shoe shine parlors. [725]

34. Funeral services. [726]

35. Advertising agencies, consumer credit reporting, news agencies
employment agencies. [731-2, 735-6]

36. Duplicating, blueprinting, photocopying, addressing, mailing, mailing list,
and stenographic services. [733]

37. Computer services. [737]

38. Automobile leasing and commercial parking lots. [751-2]

39. Watch, clock and jewelry repair services. [763]
                                                                             Page 24 of 83


      40. Motion picture theaters, not including drive-in theaters. [7832]

      41. Miscellaneous retail stores. [5999]

      42. Offices of physicians and surgeons, dentists and dental surgeons,
      osteopathic physicians, optometrists and chiropractors, but not veterinarian's
      offices. [801-4]

      43. Law Offices. [811]

      44. The offices, meeting places, 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. [86]

      45. Engineering and architectural firms or consultants. [8711-13]

      46. Accounting, auditing, and bookkeeping firms or services. [8721]

      47. Professional, scientific, or educational firms, agencies, offices, or
      services, but not research laboratories or manufacturing operations. [899]

      48. The offices of governmental agencies and post offices.[91-92, 431]

      49. Public transportation passenger stations, taxicab company offices,
      taxicab stands, but not vehicle storage lots or garages.

      50. Telephone and telegraph offices.

      51. Existing dwelling units.

(c) Conditional Uses. The following are permitted as conditional uses in the B-G
District; provided that no nuisance shall be afforded to the public through noise, the
discharge of exhaust gases from motor-driven equipment, unpleasant odors,
smoke, steam, harmful vapors, obnoxious materials, unsightly conditions,
obstruction of passage on the public street or sidewalk, or other conditions
generally regarded as nuisances; and provided that where operations necessary or
incident to the proper performance of these services or occupations would tend to
afford such nuisances, areas, facilities, barriers, or other devices shall be provided
in such a manner that the public is effectively protected from any and all such
nuisances. These uses shall be subject to the consideration of the Plan Commission
and the Village Board with regard to such matters.

      1. The sale, service, repair, testing, demonstration or other use of piston-
      type engines or motors, or any type of device, vehicle, appliance or
      equipment operated by such engines or motors. However, the number of
      unenclosed vehicles awaiting sale or repair shall be established by the Plan
      Commission. Enclosed vehicles shall be stored within a building or enclosed
      by a complete vision-barrier fence a minimum of six (6) feet in height. Prior
                                                                      Page 25 of 83


to construction, the materials proposed to be used for the fence and the
fence design shall be approved by the Plan Commission. Such enclosure
fences shall be maintained in such a manner so as not to constitute a
nuisance. Car washes. [753-4]

2. The sale, service, repair, testing, demonstration or other use of radios,
television sets, high-fidelity sound equipment, electronic amplifiers,
stereophonic sound systems, musical instruments, or other such devices.
[762]

3. Establishments engaged in the sale, service, repair, testing, demonstration
or other use of motor-driven bicycles, commonly called motorbikes; with the
provision that such activity, when carried out in an establishment which also
engages in the sale, repair or other operations with non-motor-driven
bicycles, shall constitute a separate and distinct use insofar as the intention
of this ordinance is concerned. [7699]

4. Establishments engaged in the sale, servicing, repairing, testing,
demonstration, or other use of electrical household appliances, including
washing machines, vacuum cleaners, dishwashers, irons, toasters, or similar
household appliances. Establishments engaged in the sale, servicing,
repairing, testing, demonstration, or other use of household electrical
refrigerators, freezers, air conditioners, other self-contained refrigeration
units, or other similar appliances or equipment; provided further, specifically,
that areas and facilities for operating, repairing, loading, unloading and
storage of such appliances or equipment shall be provided in a manner which
affords no nuisance or obstruction, or of the discharge of unpleasant or
harmful vapors or liquids, or of unsightly conditions to the public. [7623]

5. Miscellaneous repair shops and related services. [769]

6. Garment pressing establishments, hand laundries, hat cleaning and
blocking shops, and coin-operated dry cleaning establishments. [721]

7. Establishments engaged in the publishing and printing of newspapers,
periodicals or books, and photocopying and duplicating services. [2711,7334]

8. Dwelling units, provided that no dwelling shall be permitted below the
second floor and business uses are not permitted on any floor above the
ground floor, except in those buildings or structures where dwelling units are
not established.

9. Day care centers. [835]

10. Automobile dealers and gasoline service stations. [55]

11. Mobile home dealers. [527]

12. Veterinary services. [074]
                                                                                Page 26 of 83


            13. Warehousing or distribution operations, not including predominantly
            retail sales to customers on site.[50-51]

            14. Wireless communication systems.

     (d) Lot, Yard and Building Requirements. The maximum height, side, front and rear
     yards, minimum lot width and parking for new or converted buildings shall
     correspond with typical existing development layout of the district provided the Plan
     Commission determines such development is in keeping with the purposes, design
     and character of the general business district and is architecturally compatible with
     the area.
Amended by ordinance 5/14/2001

(7) B-N NEIGHBORHOOD BUSINESS DISTRICT.

      (a) Purpose. The B-N District is intended to provide an area for the business and
      commercial needs of the neighborhood, especially those which can be suitably
      located next to a residential area.

      (b) Permitted Uses.

            1. General grocery stores. [54]

            2. Gasoline service stations. [554]

            3. Miscellaneous retail.

                   a. Drug stores. [591]

                   b. Liquor stores. [592]

                   c. Jewelry stores. [5944]

                   d. Camera and photographic supply stores. [5946]

                   e. Catalog and mail order houses. [5961]

                   f. Florists. [5992]

            4. Offices of finance, insurance and real estate. [60-67]

            5. Personal services

                   a. Laundries and dry cleaners. [7215]

                   b. Photographic studios. [722]

                   c. Beauty shops. [723]

                   d. Barber shops. [724]
                                                                                   Page 27 of 83



                      e. Funeral service. [726]

                      f. Tax return preparation service. [7291]

              6. Videotape rental. [784]

              7. Offices and clinics of doctors, dentists, etc. [801-4]

              8. Legal services. [811] 9. Child day care services. [835]

              10. Engineering, accounting services. [871-2]

       (c) Conditional Uses

              1. Dwelling units.

              2. Drive-in facilities.

              3. Restaurants *amended by ordinance 11/14/2005

       (d) Lot, Yard and Building Requirements.

Lot frontage . . . . . . . . . . . . . . . . . .Minimum 100 feet
 Lot area . . . . . . . . . . . . . . . . . . . . .Minimum 15,000 square feet
 Front yard . . . . . . . . . . . . . . . . . . . Minimum 50 feet
 Side yard . . . . . . . . . . . . . . . . . . . . Minimum 20 feet
 Rear yard . . . . . . . . . . . . . . . . . . . .Minimum 20 feet
 *Corner side yard . . . . . . . . . . . . . .Minimum 30 feet
 Building height . . . . . . . . . . . . . . . Maximum 30 feet
Amended by ordinance 3/11/02.*

(8) B-P BUSINESS PARK DISTRICT.

       (a) Purpose. The B-P District is established to provide an aesthetically attractive
       working environment exclusively for and conducive to the development and
       protection of offices, assembly operations and research and development
       institutions. The essential purpose of this district is to achieve development, which
       is an asset to the owners, neighbors and the Village, and to promote and maintain
       desirable economic development in a park-like setting.

       (b) Permitted Uses. The following uses of land are permitted in the B-P District:

              1. State-classified manufacturing operations.[20,23-28,30,32-39]

              2. Warehousing or distribution operations, not including predominantly retail
              sales to customers on site. [50-51]

              3. Offices of construction firms, shops, display rooms and enclosed storage.
              [15-17]
                                                                                 Page 28 of 83



             4. Laboratories, research, development and testing, and manufacturing and
             fabrication in conjunction with such research and development and
             operations. [8071, 8731-34]

             5. Service uses, including computer and data processing services,
             miscellaneous business services, offices (business and professional) and
             communication services. [73]

             6. Telecommunications facilities. [48]

      (c) Conditional Uses. The following are permitted as conditional uses within the B-P
      District:

             1. Public utilities and public services. [49]

             2. Conference centers and hotel facilities. [701]

             3. Ancillary retail sales and service operations that serve employees within
             the business park.

             4. Wireless communication systems.
             Amended by ordinance 5/14/2001.

      (d) Lot, Yard and Building Requirements.*

Lot frontage . . . . . . . . . . . . . . . . . .Minimum 100 feet
Lot area . . . . . . . . . . . . . . . . . . . . .Minimum 21,780 square feet
Front yard . . . . . . . . . . . . . . . . . . . Minimum 25 feet
Side yard . . . . . . . . . . . . . . . . . . . .Minimum 15 feet
Rear yard . . . . . . . . . . . . . . . . . . . Minimum 30 feet
Corner side yard . .. . . . . . . . . . . . .Minimum 25 feet
Building height . . . . . . . . . . . . . . . . . . . . . Maximum 35 feet

*Requirements may be modified by conditional use permit.

      (e) Other Requirements. Uses permitted and conditional in the B-P District are
      subject to the following requirements:

             1. No building or improvement shall be erected, placed or altered on any
             lands in the B-P District until the plans for such building or improvement
             including site, landscaping and building plan and specifications, have been
             approved by the Plan Commission. Said Board shall review and approve,
             approve conditionally or disapprove such plans with respect to conformity
             with restrictive covenants placed on the land in the B-P District. The
             restrictive covenants must be approved by the Village Board, after
             recommendation of the Plan Commission. The approved restrictive covenants
             must be recorded on the land prior to rezoning to the B-P District.

             2. Design standards in the B-P District shall include as a minimum the
                                                                                   Page 29 of 83


           following standards:

                  a. All uses shall comply with village performance standards (see Sec.
                  48-21) for air pollution, fire and explosive hazards, glare and heat,
                  liquid or solid wastes, noise and vibration, odors, radioactivity and
                  electrical disturbances, and refuse.

                  b. All business, servicing or processing, except off-street parking and
                  loading and outside storage areas regulated by restrictive covenants,
                  shall be conducted within completely enclosed buildings.

                  c. The building coverage on a zoning lot shall not exceed 55 percent,
                  nor be less than 25 percent.

                  d. All areas not covered by buildings or parking lots shall be
                  landscaped subject to detail requirements of restrictive covenants.

                  e. All zoning lots abutting residentially zoned districts shall be
                  screened subject to Sec. 48-18.

(9) I INDUSTRIAL DISTRICT.

     (a) Purpose. This district is intended to provide an area for manufacturing and
     industrial 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 create
     or tend to create conditions of public or private nuisance, hazard, or other
     undesirable conditions, or which for these or other reasons including spatial
     distance, in or to reduce, eliminate, or shield the public from such conditions.

     (b) Permitted Uses. No uses are permitted as a matter of right with the I District.

     (c) Conditional Uses. The following are permitted as conditional uses within the I
     District. Such use shall be subject to the consideration of the Plan Commission and
     Village Board with regard to such matters as the creation of nuisance conditions for
     the public or for the users of nearby areas, the creation of traffic hazards, the
     creation of health hazards, or other factors.

           1. Manufacturing establishments, usually described as factories, mills or
           plants, in which raw materials are transformed into finished products, and
           establishments engaged in assembling component parts or manufactured
           products. [20, 23-28, 30, 32-39]

           2. Other industrial or commercial activities which possess the special problem
           characteristics described above relating to the creation of hazards or
           nuisance conditions.

           3. The outdoor storage of industrial products, machinery, equipment, or
           other materials, provided that such storage be enclosed by a suitable fence
           or other manner of screening. [50, 51]
                                                                                   Page 30 of 83


              4. Railroads, including rights-of-way, railroad yards, and structures normally
              incident to the operation of railroads, including station houses, platforms,
              and signal towers, but not including warehouses owned by companies other
              that railroad companies or road terminal companies.

              5. Veterinary clinics provided that kennels are within an enclosed building.
              [074, 075]

              6. Uses customarily incident to, or similar to, the above uses.

              7. Wireless communication systems.
              Amended by ordinance 5/14/2001.

      d) Lot, Yard, and Building Requirements:

Lot frontage . . . . . . . . . . . . . . . . . Minimum 90 feet
Lot area . . . . . . . . . . . . . . . . . . . . Minimum one-half acre
Front yard . . . . . . . . . . . . . . . . . . . Minimum 20 feet
Side yards . . . . . . . . . . . . . . . . . . .*Minimum 10 feet
Rear yard . . . . . . . . . . . . . . . . . . . *Minimum 20 feet
Corner side yard. . . . . . . . . . . . . . . Minimum 25 feet
Building Height . . . . . . . . . . . . . . . Maximum 45 feet

*Required buffer strips in industrial districts. Where an Industrial District abuts a
residential district, there shall be provided along any rear, side or front line, coincidental
with any industrial-residential boundary, a buffer strip not less than forty (40) feet in
width as measured at right angles to said lot line. Plant materials at least six (6) feet in
height of such variety and growth habits as to provide a year-round, effective visual
screen when viewed from the residential district shall be planted in the exterior twenty-
five (25) feet abutting the residential district. If the required planting screen is set back
from the industrial-residential boundary, the portion of the buffer strip facing the
residential shall be attractively maintained. Fencing may be used in lieu of planting
materials to provide said screening. The fencing shall be not less than five (5) nor more
than eight (8) feet in height, and shall be of such materials as to effectively screen the
industrial area. The exterior twenty-five (25) feet of the buffer strip shall not be devoted
to the parking of vehicles or storage of any material or accessory uses. The interior fifteen
(15) feet may be devoted to parking of vehicles.

(10) SPECIAL PURPOSE ZONING DISTRICTS.

      A.      AE - ADULT ENTERTAINMENT DISTRICT.

              (a)    Purpose. This District is intended to provide a regulatory framework for
              Adult Entertainment Establishments in the Village of Brooklyn.

              (b) Permitted Uses.

                      (1) – Any use permitted in the Ag Agriculture District

                      (2) – Any use as defined in Village Ordinance Section 26.03(2) is a
                                                                          Page 31 of 83


           permitted use in the AE Adult Entertainment district as long as that
           use fully complies with all provisions of Section 26.03 of the Village
           Ordinances.

     (c) Conditional Uses. There are no conditional uses in the Adult
     Entertainment District.

     (d) Distance Separation. No Adult Entertainment Establishment shall be
     located within 1,000 feet of any school, church, park, or daycare center; 500
     feet of any residence. No Adult Entertainment Establishment shall be located
     within 5,000 feet of another Adult Entertainment Establishment.

     (e) Specifications. All provisions of Section 26.03 of the Village Ordinances
     are applicable requirements in the Adult Entertainment District.

B.   AG - AGRICULTURE DISTRICT.

     (a) Purpose. The purposes of the Ag Agriculture District are to: preserve
     productive agricultural land for food and fiber production; preserve
     productive farms by preventing land use conflicts between incompatible uses
     and controlling public service costs; maintain a viable agricultural base to
     support agricultural processing and service industries; prevent conflicts
     between incompatible uses; reduce costs for providing services to scattered
     non-farm uses; pace and shape urban growth; implement the provisions of
     the county agricultural plan; and comply with the provisions of the Farmland
     Preservation Law to permit eligible landowners to receive tax credits under
     Section 71.09(11) of the Wisconsin Statutes.

     (b) Permitted Uses.

           1. Agricultural uses. [01-02]

           2. Residences to be occupied by a person or a family at least one (1)
           member of which earns a substantial part of his or her livelihood from
           sales of products produced on the farm. Subject to the provisions of
           Ordinance 47, Land Division Regulations.

           3. Nurseries. [526]

           4. Roadside stands.

           5. Structures and improvements that are consistent with agricultural
           uses.

           6. Home occupations (refer to 48.18(6)).

     (c) Conditional Uses.

           1. Single-family dwellings or mobile homes occupied by parents or
           children of the farm operator.
                                                                                         Page 32 of 83



                     2. Schools and churches.

                     3. Utility and governmental facilities.

                     4. Separation of farm dwellings and related structures which existed
                     prior to the effective date of this ordinance and which remain after
                     farm consolidation.

                             a. Standards applicable to conditional uses in the Ag District.
                             The Department of Agriculture, Trade and Consumer Protection
                             shall be notified of the approval of any conditional use permit.
                             In considering applications for conditional use permits the
                             commission shall consider the following relevant factors:

                                     i. The statement of purposes of the zoning ordinance and
                                     the Ag District.

                                     ii. The potential for conflict with agricultural use.

                                     iii. The need of the proposed use for a location in an
                                     agricultural area.

                                     iv. The availability of alternative locations.

                                     v. Compatibility with existing or permitted use on
                                     adjacent lands.

                                     vi. The productivity of the lands involved.

                                     vii. The location of the proposes use so as to reduce to a
                                     minimum the amount of productive agricultural land
                                     converted.

                                     viii. The need for public services created by the proposed
                                     use.

                                     ix. The availability of adequate public services and the
                                     ability of affected local units of government to provide
                                     them without an unreasonable burden.

                                     x. The effect of the proposed use on water or air
                                     pollution, soil erosion and rare or irreplaceable natural
                                     resources.

              (d) Lot, Yard and Building Requirements.

Lot frontage . . . . . . . . . . . . . . . . . Minimum 150 feet
Lot area . . . . . . . . . . . . . . . . . . . . Minimum 35 acres
                                                                                   Page 33 of 83


Principal building:

Front yard . . . . . . . . . . . . . . . .Minimum 35 feet
Side yards . . . . . . . . . . . . . . . .Minimum 10 feet
Rear yard . . . . . . . . . . . . . . . . Minimum 50 feet

Accessory building:

Front yard . . . . . . . . . . . . . . . .Minimum 35 feet
Side yards . . . . . . . . . . . . . . . .Minimum 100 feet
Rear yard . . . . . . . . . . . . . . . . Minimum 45 feet
Building height . . . . . . . . . . . Maximum 35 feet

(11) C CONSERVANCY DISTRICT.

       (a) Purpose. This district is intended to preserve the natural state of scenic areas in
       the Village and to prevent the uncontrolled, uneconomical spread of residential or
       other development, and to help discourage intensive development of marginal lands
       so as to prevent hazards to public and private property.

       (b) Permitted Uses. The following uses of land are permitted in the Conservancy
       District, except as may be prohibited within a federal floodplain area:

              1. Harvesting of wild crops, such as wild rice, marsh hay, ferns, moss,
              berries, tree fruits and tree seeds.

              2. Forestry and the management of forests.

              3. Wildlife preserves.

              4. The management of wildlife, including waterfowl, fish and other similar
              lowland animals, and nonresidential buildings used solely in conjunction with
              such activities.

              5. Fishing.

              6. Public and private parks, picnic areas and similar uses.

              7. Hiking trails and bridle paths.

              8. Preservation of areas of scenic, historic or scientific value.

              9. Uses similar and customarily incident to any of the above uses.

       (c) Conditional Uses. The following are permitted as conditional uses in the
       Conservancy District:

              1. Dams, flowages, ponds, and water storage and water pumping facilities.

              2. Power plants deriving their power from the flow of water and transmission
                                                                                 Page 34 of 83


           lines and other facilities accessory thereto.

           3. Utilities such as but not restricted to telephone, telegraph, power or
            other transmission lines.

           4. Piers, docks and boathouses.

           5. Relocation of any watercourse.

           6. Filling, drainage or dredging of wetlands, provided that this shall conform
           to any Shorelands Zoning Ordinance enacted pursuant to Sec. 59-971 of the
           Wisconsin Statutes.

           7. Removal of topsoil or peat.

           8. Cranberry bogs.

           9. Camping grounds open to the public.

           10. Golf courses open to the public.

           11. Agricultural and animal husbandry.

     (d) Specifications. There are no setbacks, lot size, or other dimensional standards
     applicable in the Conservancy District.

(13) P-G PUBLIC GROUNDS DISTRICT.

     (a) Purpose. The P-G District is limited to those areas owned and/or exclusively by
     governmental instrumentalities or agencies and/or exclusively for public purposes.

     (b) Permitted Uses.

           1. Government offices.

           2. Greenways.

           3. Libraries.

           4. Open spaces.

           5. Playgrounds.

           6. Schools.

           7. Swimming pools.

           8. Sewage treatment plants.

           9. Utility lines and pumping stations.
                                                                                    Page 35 of 83



               10. Government garage and storage facilities.

               11. Cemetery.

               12. Lease by the Village of Brooklyn of space in the P-G District or on any
               building or structure.

               13. Water towers.

               14. Fire/EMS Buildings * added 2/13/06

               Amended by ordinance 4/9/2001.

       (c) Conditional Uses.

               1. Parking areas.

       (d) Lot, Yard, and Building Requirements.

Lot frontage . . . . . . . . . . . . . . . . . .None
 Lot area . . . . . . . . . . . . . . . . . . . . .None
 Front yard . . . . . . . . . . . . . . . . . . . None
 Side yard . . . . . . . . . . . . . . . . . . . *None
 Rear yard . . . . . . . . . . . . . . . . . . .*None
 Building height . . . . . . . . . . . . . . . None
 *Must meet requirements of abutting districts.

(14) P-R PUBLIC RECREATION DISTRICT.

       (a) Purpose. The P-R District is limited to those areas which have been dedicated to
       the village for purposes of use as public parks, or which are otherwise owned by the
       village and used specifically as a park or recreation area or appropriate areas for
       commercially operated recreational uses of land within the village, including uses
       consistent with those of a recreational nature.

       (b) Permitted Uses.

               1. Greenways.

               2. Open Spaces.

               3. Playgrounds and parks.

               4. Swimming Pools.

       (c) Conditional Uses.

               1. Campgrounds.
                                                                                     Page 36 of 83


              2. Parking areas.

              3. Golf courses.

              4. Shooting ranges.

              5. Stables.

              6. Travel trailer parks.

              7. Boat/bike/ski rental.

              8. Utility lines and pumping stations.

       (d) Lot, Yard and Building Requirements.

Lot frontage . . . . . . . . . . . . . . . . .None
 Lot area . . . . . . . . . . . . . . . . . . . .Minimum 8,400 square feet
 Front yard . . . . . . . . . . . . . . . . . . None
 Side yard . . . . . . . . . . . . . . . . . . .*None
 Rear yard . . . . . . . . . . . . . . . . . . .*None
 Building height . . . . . . . . . . . . . . None

 *Must meet requirements of abutting districts.
(Ord. of 4-9-2001; Ord. of 5-14-2001; Ord. of 3-11-2002; Ord. of 11-14-2005; Ord. of 2-
13-2006)

                              ARTICLE III. CONDITIONAL USES

Sec. 48-15. CONDITIONAL USES - STATEMENT OF PURPOSE. The development and
execution of this Article is based upon the division of the Village into districts, within which
districts the use of land and buildings, and bulk and location of buildings and structures in
relation to the land, are mutually compatible and substantially uniform. However, there
are certain uses which, because of their unique characteristics, cannot be properly
classified as unrestricted permitted uses in any particular district or districts, without
consideration, in each case, of the impact of those uses upon neighboring land or public
facilities, and of the public need for the particular use at a particular location. Such uses,
nevertheless, may be necessary or desirable to be allowed in a particular district provided
that due consideration is given to location, development and operation of such uses. Such
uses are classified as conditional uses.

Sec No. Requirements.

(1) AUTHORITY OF THE PLAN COMMISSION AND BOARD; REQUIREMENTS.

       (a) The Village Board may by resolution authorize the Zoning Administrator to issue
       a conditional use permit for either regular or limited conditional use after review,
       public hearing, and advisory recommendation from the Plan Commission, provided
       that such conditional use and involved structure(s) are found to be in accordance
       with the purpose and intent of this zoning code and are further found not to be
                                                                                  Page 37 of 83


     hazardous, harmful, offensive or otherwise adverse to the environment or the value
     of the neighborhood or the community. In the instance of the granting of limited
     conditional use, the Board in its findings shall further specify the delimiting reasons
     or factors which resulted in issuing limited rather than regular conditional use. Such
     Board resolution, and the resulting conditional use permit, when for limited
     conditional use, shall specify the period of time for which effective, if specified, the
     name of the permittee, the location and legal description of the affected premises.
     Prior to the granting of a conditional use, the Commission shall make findings based
     upon the evidence presented that the conditional use standards herein described
     are being complied with.

     (b) Any development within five hundred (500) feet of the existing or proposed
     rights-of-way of freeways, expressways and within one-half (1/2 mile) of their
     existing or proposed interchange or turning lane rights-of-way shall be specifically
     reviewed by the highway agency that has jurisdiction over the traffic way. The Plan
     Commission shall request such review and await the highway agency's
     recommendation for a period not to exceed twenty (20) days before taking final
     action.

     (c) Conditions such as landscaping, architectural design, type of construction
     commencement and completion dates, sureties, lighting, fencing, planting screens,
     operation control, hour of operation, improved traffic circulation, deed restrictions,
     highway access restrictions, increased yards, or parking requirements, may be
     required by the Plan Commission and/or the Village Board upon its finding that
     these are necessary to fulfill the purpose and intent of this chapter.

     (d) Compliance with all other provisions of this chapter, such as lot width and area,
     yards, height, parking, loading, traffic, highway access, and performance
     standards, shall be required of all conditional uses.

Sec. No. Application; standards; conditions.

(2) APPLICATION

     (a) Any person, firm, corporation or organization having a freehold interest or a
     possessory interest entitled to exclusive possession, or a contractual interest that
     may become a freehold interest or an exclusive possessory interest, and which is
     specifically enforceable in the land for which a conditional use is sought may file an
     application to use such land for one or more of the conditional uses provided for in
     this article in the zoning district in which such land is located.

     (b) Application for Conditional Use. An application for a conditional use shall be filed
     on a form prescribed by the Village. The application shall be accompanied by a plan
     showing the location, size and shape of the lot(s) involved and of any proposed
     structure, the existing and proposed use of each structure and lot, and shall include
     a statement in writing by the applicant and adequate evidence showing that the
     proposed conditional use shall conform to the standards set forth in Sec 48-15(3)
     hereinafter. The Plan Commission and/or Village Board may require such other
     information as may be necessary to determine and provide for an enforcement of
     this chapter, including a plan showing contours and soil types; high water mark and
                                                                                   Page 38 of 83


      groundwater conditions; bedrock, vegetative cover; specifications for areas of
      proposed filling, grading, and lagooning; location of buildings, parking areas, traffic
      access, driveways, walkways, open spaces and landscaping; plans of buildings,
      sewage disposal facilities, water supply systems and arrangements of operations.

      (c) All requests for conditional uses shall be to the Zoning Administrator or the Plan
      Commission can on its own motion grant conditional uses when applications for
      rezoning come before it. To be considered at the monthly Planning/Zoning
      Commission meeting, all applications for Conditional Use Permits must be received
      no later than 10 days prior to the Planning/Zoning Commission meeting. Nothing in
      this chapter shall prohibit the Village Board on its own motion from referring the
      request for conditional use to the Plan Commission. Upon receipt of the application
      and statement the Plan Commission shall hold a public hearing on each application
      for a conditional use at such time and place as shall be established by such
      Commission. The hearing shall be conducted within 30 days of receipt of application
      and a record of the proceedings shall be preserved in such manner and according to
      such procedures as the Plan Commission, shall, by rule, prescribe from time to
      time.

      (d) Hearing. Notice of the time, place and purpose of such hearing shall be given by
      publication as a Class 1 notice under the Wisconsin Statutes. Notice of the time,
      place and purpose of such public hearing shall also be sent to the applicant, the
      Zoning Administrator, members of the Village Board and Plan Commission, and the
      owners of record, as listed in the office of the Village Clerk, who are owners of
      property in whole or in part situated within five hundred (500) feet of the
      boundaries of the properties affected, said notice to be sent at least ten (10) days
      prior to the date of such public hearing. Said notice should be sent by 1st class mail
      with an affidavit of mailing to the last known address of these persons as shown in
      the records of the village.

      (e) Report of Plan Commission. The Plan Commission shall report its
      recommendation to the Village Board within forty-five (45) days after a matter has
      been referred to it, subject to an extension by the Village Board.

(3) STANDARDS--CONDITIONAL USES. No application for a conditional use shall be
recommended for approval by the Plan Commission unless such Commission shall find all
of the following conditions are present:

      (a) That the establishment, maintenance or operation of the conditional use will
      detrimental to or endanger the public health, safety, comfort or general welfare.

      (b) That the uses, values and enjoyment of other property in the neighborhood for
      purposes already permitted shall be in no foreseeable manner significantly impaired
      or diminished by the establishment, maintenance or operation of the conditional
      use and the proposed use in compatible with the use of adjacent land.

      (c) That the establishment of the conditional use will not impede the normal and
      orderly development and improvement of the surrounding property for uses
      permitted in the district.
                                                                                      Page 39 of 83


      (d) The adequate utilities, access roads, drainage and other necessary site
      improvements have been or are being provided.

      (e) That adequate measures have been or will be taken to provide ingress
      and egress so designed as to minimize traffic congestion in the public streets.

      (f) That the conditional use shall, except for yard requirements granted by
      variance, conform to all applicable regulations of the district in which it is located.

 (4) APPLICATION OF STANDARDS. When applying the above standards to any new
construction of a building or an addition to an existing building the Plan Commission and
Board shall bear in mind the statement of purpose for the zoning district such that the
proposed building or addition at its location does not defeat the purposes and objective of
the zoning district.

(5) ADDITIONAL PROVISIONS. In addition, in passing upon a conditional use permit, the
Plan Commission shall also evaluate the effect of the proposed use upon:

      (a) The maintenance of safe and healthful conditions.

      (b) The prevention and control of water pollution including sedimentation.

      (c) Existing topographic and drainage features and vegetative cover on the site.

      (d) The location of the site with respect to floodplains and floodways of rivers and
      streams.

      (e) The erosion potential of the site based upon degree and direction of slope, soil
      type and vegetative cover.

      (f) The location of the site with respect to existing or future access roads.

      (g) The need of the proposed use for a shoreland location.

      (h) Its compatibility with uses on adjacent land.

      (i) The amount of liquid wastes to be generated and the adequacy of the proposed
      disposal systems.

(6) DENIAL OF CONDITIONAL USE. When a conditional use application is denied, the Plan
Commission or Village Board, whichever is applicable, shall furnish the applicant, in
writing, when so requested, those conditions of the standards and the reasons used in
determining that such condition or conditions were not present.

(7) CONDITIONS AND GUARANTEES. The following conditions shall apply to all conditional
uses:

      (a) Conditions. Prior to the recommending/granting of any conditional use, the Plan
      Commission and/or Village Board may stipulate such conditions and restrictions
      upon the establishment, location, construction, maintenance and operation of the
                                                                            Page 40 of 83


conditional use as deemed necessary to promote the public health, safety and
general welfare of the community, and to secure compliance with the standards and
requirements specified in Sec. 48-15(3) above. In all cases in which conditional
uses are granted, the Board shall require such evidence and guarantees as it may
deem necessary as proof that the conditions stipulated in connection therewith are
being and will be complied with. The right to continue any conditional use shall be
dependent upon continued compliance with conditions placed upon the granting of a
conditional use permit. Such conditions may include specifications for, without
limitation because of specific enumeration:

       1. landscaping
       2. type of construction
       3. construction commencement and completion dates
       4. sureties
       5. lighting
       6. fencing
       7. operational control
       8. hours of operation
       9. traffic circulation
      10. deed restrictions
      11. access restrictions
      12. setbacks and yards
      13. type of shore cover
      14. specified sewage disposal and water supply systems
      15. planting screens
      16. piers and docks
      17. increased parking
      18. or any other requirements necessary to fulfill purpose and intent of this
      chapter.

(b) Site Review. In making its recommendation, the Plan Commission shall evaluate
each application and may request assistance from any source that can provide
technical assistance. The Commission shall review the site, existing and proposed
structures, architectural plans, neighboring uses, parking areas, driveway locations,
highway access, traffic generation and circulation, drainage, sewerage and water
systems and the proposed operation/use.

(c) Architectural Treatment. Proposed architectural treatment will be in general
harmony with surrounding uses and landscape. To this end the Village Board may
require the use of certain general types of exterior construction materials and/or
architectural treatment.

(d) Reimbursement of Costs. Any costs incurred or to be incurred by the Planning
Commission or Village Board in considering the application for conditional use shall
be paid by the applicant on demand.

(e) Application Fee. An application fee of $25.00 is due at the time the application is
filed with the Zoning Administrator. A fee of $100.00 will be charged for any
"special meeting" that is required. A "special meeting" is defined as a meeting not
regularly scheduled but scheduled at the request of the applicant.
                                                                                     Page 41 of 83



      (f) ) Compliance with Chapter 47. Notwithstanding anything to the contrary, unless
      waived by the Village Board, any grant of a conditional use shall be conditioned
      upon compliance with Chapter 47 of this Village Code including, but not limited to,
      payment of any and all Public Site Fees required by Chapter 47. (added 12/11/06)
(Ord. of 12-11-2006)

                      ARTICLE IV. SUPPLEMENTAL PROVISIONS

Sec. 48-16. TRAFFIC VISIBILITY, LOADING, PARKING AND ACCESS.

(1) TRAFFIC VISIBILITY.

      (a) On a corner lot in all zoning districts, no fence, wall, hedge, planting or
      structure shall be erected, placed, planted or allowed to grow in such a manner as
      to obstruct vision between a height of two and one-half (2 1/2) feet and ten (10)
      feet above the centerline grades of the intersecting streets in the area bounded by
      the street lines of such corner lots and a line joining the points along said street
      lines twenty-five (25) feet from the point of intersection. (See Figure 5.)

      (b) In the case of arterial streets intersecting with other arterial streets or railways,
      the corner cutoff distances establishing the triangular vision clearance space shall
      be increased to fifty (50) feet.

(2) LOADING REQUIREMENTS.

      (a) Loading Space Requirements. On every lot on which a business, trade or
      industrial use is hereafter established, space with access to a public street or alley
      shall be provided as indicated below for the loading and unloading of vehicles off
      the public right-of-way:


USE                            FLOOR AREA (square feet)         Loading Space
Retail, wholesale,             2,000--10,000                    1
warehouse, service             10,000--20,000                   1
manufacturing and industrial   20,000--40,000                   2
establishments                 40,000--60,000                   3
                               Each additional 50,000           1
Hotels, offices, hospitals,    5,000--10,000                    1
places of public assembly      10,000--50,000                   2
                               50,000--100,000                  2
                               Each additional 25,000           1
Funeral homes                  2,500--4,000                     1
                               4,000--6,000                     1
                               Each additional 10,000           1

      (b) Multiple or Mixed Uses. Where a building is devoted to more than one use
      or for different uses, and where the floor area for each use is below the minimum
      required for a loading space but the aggregate floor area of such uses is above such
      a minimum, then off-street loading space shall be provided as if the entire building
                                                                                    Page 42 of 83


      were devoted to that use in the building for which the most loading spaces are
      required.

      (c) Location. Required off-street loading spaces shall be located on the same lot
      with the principal use requiring such space. No loading space shall be located within
      thirty (30) feet of the nearest point of intersection of two (2) streets or require any
      vehicle to back into a public street.

      (d) Design Standards. Each off-street loading space shall have a width of at least
      twelve (12) feet, a length of at least forty (40) feet, and a vertical clearance of at
      least fifteen (15) feet. Dimensions for loading spaces in connection with funeral
      homes shall be reduced to ten (10) feet in width, twenty-five (25) feet in length,
      and eight (8) feet in vertical clearance. All loading berths shall be completely
      screened from residential properties by building walls or a uniformly painted solid
      fence, wall, or door, or any combination thereof, not less than five (5) feet in
      height.

      (e) Surfacing. All open off-street loading berths shall improved with a compacted
      macadam base, not less than seven (7) inches thick, surfaced with no less than two
      (2) inches of asphalt or treated with some comparable all-weather dustless
      material.

      (f) Repair and Service. No motor vehicle repair work or service of any king shall be
      permitted in conjunction with loading facilities provided in any residence district.

      (g) Utilization. Space allocated to any off-street loading berth shall not, while so
      allocated, be used to satisfy the space requirements for any off-street parking
      facilities or portions thereof.

      (h) Central Loading. Central loading facilities may be substituted for loading berths
      on the individual zoning lots provided the following conditions are fulfilled:

            1. Each zoning lot served shall have direct access to the central loading area
            without crossing streets or alleys at grade.

            2. Total berths provided shall meet the requirements based on t he sum of
            the several types of uses served. (Areas of types of uses may be totaled
            before computing number of loading berths.)

            3. No zoning lot served shall be more than three hundred (300) feet removed
            from the central loading area.

            4. The tunnel or ramp connecting the central loading area with the zoning lot
            served shall be not less than seven (7) feet in width and have a clearance of
            not less than seven (7) feet.

(3) PARKING REQUIREMENTS. All new parking lots and all alterations of existing lots shall
be subject to the approval of the Village Board, after recommendation from the Plan
Commission. Requests for said parking lots shall be accompanied with detailed plans on
landscaping, parking layout, drainage provisions, and driveway locations. The plan
                                                                                       Page 43 of 83


Commission may accept less than the required number of parking stalls after it has been
proven to the satisfaction of the Plan Commission and Village Board, that the proposed
number of parking stalls will prove to be adequate for all future needs for the use, or that
it is unpractical, or undesirable, to install the required number of parking stalls. This
waiver shall be performed on a case-by-case basis. In all districts, there shall be provided
at the time any use or building is erected, enlarged, extended, or increase, off street
parking stalls for all vehicles in accordance with the following: * amended 3/13/06

      (a) Access. Adequate access to a public street shall be provided for each parking
      space.

      (b) Design Standards. Each required off-street parking space shall have a stall
      width of at least nine (9) feet and a stall length of at least eighteen (18) feet. Such
      space shall have a vertical clearance of at least six and one-half (6 ½) feet.
      Handicapped stalls shall be made to accommodate both a Handicapped vehicle
      parking space (at least 96 inches (8 feet wide)) and a Handicapped Van accessible
      space (at least 132 inches (11 feet wide)). Both shall be located as close as
      possible to an entrance which allows a physically disabled person to enter and leave
      the principal building or use area. Adjacent to each handicapped parking stall shall
      be an access zone at least 60 inches (5 feet) wide, which shall be indicated with
      striping or other marking. Two adjacent handicapped stalls may share an access
      zone. Minimum width of the aisles providing access to stalls for one-way traffic
      shall be as follows: Aisles shall be not less than twenty-four (24) feet wide for
      ninety (90)-degree parking, eighteen (18) feet wide for sixty (60)-degree parking,
      fifteen (15) feet wide for forty-five (45)-degree parking (angle shall be measured
      between centerline of parking space and centerline of aisle), and twelve feet wide
      for parallel parking. For parallel parking the minimum length of the parking space
      shall be increased to twenty-three (23) feet. No parking area of more than two (2)
      spaces shall be designed as to require any vehicle to back into a public street.
      Those parking areas for five (5) or more vehicles if adjoining a residential use shall
      be screened from such use by a solid wall, fence, evergreen planting of equivalent
      visual density or other effective means, built and maintained at a minimum height
      of five (5) feet. Large expanses of unchanneled parking areas shall be avoided by
      interior landscaping and safety islands.

      (c) Location.

             1. Location to be on the same lot as the principal use or not over four
             hundred (400) feet from the principal use.

             2. Off-street parking is permitted in all yards of all districts except in the
             front yards of single-family and multi-family residence districts, but shall not
             be closer than five (5) feet to a side lot line, right-of-way line, or rear lot line.

             3. Off-street parking in the single-family residence and multi-family
             residence districts is permitted in the front yard in the driveway, even though
             closer than five (5) feet to a side lot line providing the driveway conforms to
             the requirements in Sec. 48-16(4). Parking stalls for single- and two-family
             residences may be placed one behind the other.
                                                                            Page 44 of 83


(d) Surfacing. All open off-street parking areas and driveways shall be surfaced
with a dustless all-weather material capable of carrying a wheel load of four
thousand (4,000) pounds (normally, a two-inch blacktop on a four-inch base or five
inches of Portland cement will meet this requirement). Any parking area for more
than five (5) vehicles shall have the aisles and spaces clearly marked.

(e) Landscaping Requirements.

      1. Landscaping. All public and private off-street parking areas which serve
      five (5) vehicles or more are created or redesigned and rebuilt subsequent to
      the adoption of this code shall be provided with accessory landscape areas
      totaling not less than ten (10%) percent of the surfaced area. The minimum
      size of each landscape area shall not be less than one hundred (100) square
      feet.

      2. Location. Location of landscape areas, plant materials, protection afforded
      the plantings, including curbing and provision for maintenance by the
      property owner, shall be subject to approval by the Zoning Administrator.

      3. Plans. All plans for such proposed parking areas, at the discretion of the
      Zoning Administrator, shall include a topographic survey or grading plan
      which shows existing and proposed grades and location of improvements.
      The preservation of existing trees, shrubs, and other natural vegetation in
      the parking area may be included in the calculation of the required minimum
      landscape area.

      4. Special residential requirements. Those parking areas for five (5) or more
      vehicles if adjoining a residential use shall be screened from such use by a
      solid wall, fence, evergreen planting of equivalent visual density, or other
      effective means, built and maintained at a minimum height of five (5) feet.
      Where a solidly constructed decorative fence is provided along the interior lot
      line, the minimum setback for the parking area shall be five (5) feet from
      said lot line. Said fence shall be located a minimum of one (1) foot from the
      said lot line.

      5. Street Setback Area. No parking shall be permitted between the street
      right-of-way line and the building setback line prevailing in the zone in which
      the proposed parking area is to be located. The resulting open area shall be
      planted in grass or otherwise landscaped to create a permanent green area.

      6. Repair and Service. No motor vehicle repair work or service of any kind
      shall be permitted in association with parking facilities provided in residence
      districts.

      7. Lighting. Any lighting used to illuminate off-street parking areas shall be
      directed away from residential properties and public streets in such a way as
      not to create a nuisance. However, in no case shall such lighting exceed
      three (3) foot candles measured at the lot line.

(f) Parking Stalls Required.
                                                                                    Page 45 of 83




Residential dwellings and mobile homes
Efficiency/Elderly                              1   stall/dwelling unit
1 bedroom                                       1   1/2 stalls/dwelling unit
2 bedrooms                                      2   stalls/dwelling unit
3+ bedrooms                                     2   1/2 stalls/dwelling unit
Hotels and motels                               1   stall/guest room plus 1 stall/3 employees
Hospitals, clubs, lodges, sororities,           1   stall/2 beds plus 1 stall/3 employees
dormitories, lodging and boarding houses
Sanitariums, institutions, rest and nursing     1 stall/5 beds plus 1 stall/3 employees
homes
Medical and Dental clinics                      3 stalls/doctor
Churches, theaters, auditoriums,                1 stall/5 seats
community centers, vocational and night
schools and other places of public assembly
Colleges, secondary and elementary schools      1 stall/2 employees plus 1 stall/student
                                                auto permitted
Restaurants, bars, places of entertainment      1 stall/100 square feet of floor area
Repair shops, retail and service stores         1 stall/300 square feet of gross floor area
Manufacturing and processing plants,            1 stall/3 employees
laboratories and warehouses
Financial institutions and businesses,          1 stall/200 square feet of floor area plus 1
governmental and professional offices           stall/2 employees
Funeral Homes                                   1 stall/4 seats plus 1 stall/vehicles used in
                                                the business
Bowling alleys                                  5 stalls/alley

      (g) Handicapped Parking Requirements

             1. Number of spaces: The owner or lessee of any public building or place of
             employment shall reserve parking spaces for use by motor vehicles used by
             physically disabled persons as follows:

                    a. One (1) van space for first 10 spaces, one (1) Van and one (1)
                    vehicle for 11-25 spaces, 1 additional vehicle for each 25 spaces up to
                    100 spaces.

                    b. At least an additional 2% of all spaces for a facility offering 100-
                    1,000 spaces.

                    c. At least an additional 1% of each 1,000 spaces over the first 1,000.

                    d. Minimum of 25% of handicapped spaces shall be van accessible.

The owner or lessee of a parking facility which is ancillary to a residential building and
restricted wholly or in part to use by tenants of the building shall, at the request of a
physically disabled tenant, reserve a parking space in the facility for use by a motor
vehicle used by the physically disabled tenant.
                                                                                     Page 46 of 83


The owner or lessee of a Rehabilitation facility and/or Outpatient Physical Therapy facility
shall provide 20% of patient and visitor spaces as accessible handicapped spaces.

               2. All required handicapped parking spaces shall be posted with signs as in
               accordance with National Standards. The Van accessible spaces shall be
               marked with a sign that states ―Van Accessible Only‖ or of the sort.

               3. The standards and specifications pertaining to Handicapped Parking
               Requirements shall meet the provisions of Wisconsin Department of
               Commerce § 69.245 and Commerce Wis. Adm. Code COMM § 62.1106 with
               respect to parking spaces for vehicles displaying special registration plates or
               special identification cards and Accessibility. 12

               4. The incorporated requirements of handicapped parking shall be used in
               addition to the requirements of the Americans with Disabilities Act (ADA) [42
               U.S.C. 12101 et seq.] and all requirements shall be adhered to. Whichever is
               greater shall be the code that will supersede and be adhered to.

Space allocated to any off-street loading berth shall not, while so allocated, be used to
satisfy the space requirements for any off-street parking facilities or portions thereof.

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

        (a) Islands. Islands between driveway openings in business and industrial areas
        shall be provided with a minimum of twelve (12) feet between all driveways and six
        (6) feet at all lot lines.

        (b) Ingress and Egress Openings. Openings for vehicular ingress and egress shall
        not exceed thirty (30) feet at the outer or street edge of the sidewalk, nor thirty-six
        (36) feet in width at the curb.

        (c) Entrances and Exits. Vehicular entrances and exits to drive-in theaters, banks
        and restaurants; motels; funeral homes; vehicular sales, service, washing and
        repair stations; garages; or exit to a school, college, university, church, hospital,
        park, playground, library, public emergency shelter or other place of public
        assembly.

(5) HIGHWAY ACCESS.

        (a) Private Access Restricted. No direct private access shall be permitted to the
        existing or proposed rights of way of expressways nor to any controlled access
        arterial street without permission of the highway agency that has access control
        jurisdiction.




12
     Ch. 48- Zoning Code, § 48-16. Traffic Visibility, Loading, Parking & Access. We
         recommend modifying the language of this provision, as Wis. Adm. Code COMM § 69.245 no
         longer exists.
                                                                                      Page 47 of 83


     (b) Public or Private Access Prohibited. No direct public or private access shall be
     permitted to the existing or proposed rights of way of the following:

           1. Freeways, interstate highways and their interchanges or turning lanes, nor
           to intersection of interchanging streets within 1,500 feet of the most remote
           end of the taper of the turning lanes.

           2. Arterial street intersecting another arterial street within one hundred (100)
           feet of the intersection of the right-of-way lines.

           3. Streets intersecting an arterial street within fifty (50) feet of the
           intersection of the right-of-way lines.

     (c) Public Access Barriers. Access barriers such as curbing, fencing, ditching,
     landscaping or other topographic barriers shall be erected to prevent unauthorized
     vehicular ingress or egress to the above specified streets or highways.

     (d) Temporary Access. Temporary access to the above rights-of-way may be
     granted by the Village Board after review and recommendation by the highway
     agencies having jurisdiction. Such access permits shall be temporary and revocable
     and subject to any conditions required, and shall be issued for a period not to
     exceed twelve (12) months.

(6) STORAGE AND PARKING OF RECREATIONAL VEHICLES

     (a) Definitions -- Recreational Vehicles. For purpose of this section, the following
     definitions shall apply:

           1. Recreational Vehicle. Recreational vehicle means any of the following:

                  a. Travel Trailer means a vehicular, portable structure built on a
                  chassis and on wheels; that is, between ten (10) and thirty-six (36)
                  feet long, including the hitch, and eight (8) feet or less in width;
                  designated to be used as a temporary dwelling for travel, recreation,
                  vacation or other uses and towed by a car, station wagon or truck. It
                  includes so-called fifth-wheel units.

                  b. Pick-up Coach means a structure designed to be mounted on a
                  truck chassis for use as a temporary dwelling for travel, recreation,
                  vacation or other uses.

                  c. Motor Home means a portable, temporary dwelling to be used for
                  travel, recreation, vacation, or other uses, constructed as an integral
                  part of a self-propelled vehicle.

                  d. Camping Trailer means a canvas or folding structure mounted on
                  wheels and designed for travel, recreation, vacation or other uses.

                  e. Chassis Mounts and Mini-Motor Homes means recreational
                  structures constructed integrally with a truck or motor-van chassis and
                                                                             Page 48 of 83


             incapable of being separated there from.

             f. Converted and Chopped Van means recreational structures which
             are created by altering or changing an existing auto van to make it a
             recreational vehicle.

             g. Boat or Snowmobile Trailer means a vehicle on which a boat or
             snowmobile may be transported and is towable by a motor vehicle.
             When removed from the trailer, a boat or snowmobile, for purposes of
             this article, is termed an unmounted boat or snowmobile.

      2. Boat. Boat means every description of watercraft used or capable of being
      used as a means of transportation on water.

      3. Yard, Front, means that part of a lot between the front lot line and front(s)
      of the principal building on the lot, and extended to both side lot lines.

      4. Yard, Rear, means that part of a lot between the rear lot line and the
      back(s) of the principal building on the lot, and extended to both side lot
      lines.

      5. Yard, Side, means that part of a lot not surrounded by building and not in
      the front or rear yard.

(b) Permitted Parking or Storage of Recreational Vehicles. In all residential and
commercial districts provided for in this zoning code, it is permissible to park or
store a recreational vehicle or boat and boat trailer on private property in the
following manner:

      1. Parking is permitted inside any enclosed structure, which structure
      otherwise conforms to the zoning requirements of the particular zoning
      district where located.

      2. Parking is permitted outside in the side yard or rear yard provided it is not
      nearer than five (5) feet to the lot line.

      3. Parking is permitted outside on a hard-surfaced or well-drained gravel
      driveway, provided:

             a. Space is not available in the rear yard or side yard, or there is no
             reasonable access to either the side yard or rear yard.

             b. A corner lot is always deemed to have reasonable access to the rear
             yard.

             c. A fence is not necessarily deemed to prevent reasonable access.

             d. Inside parking is not possible.

             e. The unit is parked perpendicular to the front curb.
                                                                                  Page 49 of 83



            4. The body of the recreational vehicle or boat must be at least fifteen (15)
            feet from the face of any curb.

            5. No part of the unit may extend over the public sidewalk or public right-of-
            way.

            6. Parking is permitted only for storage purposes. Recreational vehicles or
            boats shall not be:

                   a. Used for dwelling purposes, except for overnight sleeping for a
                   maximum of fourteen (14) days in any one calendar year. Cooking is
                   not permitted at any time.

                   b. Permanently connected to sewer lines, water lines, or electricity.
                   The recreational vehicle may be connected to electricity temporarily for
                   charging batteries and other purposes.

                   c. Used for storage of goods, materials, or equipment other than those
                   items considered to be part of the unit or essential for its immediate
                   use.

            7. Notwithstanding the above, a unit may be parked anywhere on the
            premises during active loading or unloading, and the use of electricity or
            propane fuel is permitted when necessary to prepare a recreational vehicle
            for use.

            8. The recreational vehicle or boat shall be owned by the resident on whose
            property the unit is parked for storage.

(7) STORAGE OF SEMI-TRACTORS, SEMI-TRAILERS, DUMP TRUCKS AND ROAD
MACHINERY. No person, firm or corporation shall park, keep or maintain on properties
zoned as residential or multiple residential dwellings, the following types of vehicles:
semi-tractors, semi-trailers, dump trucks, auto wreckers and road machinery. Said
vehicles may not be kept or parked on said premises whether or not they are in enclosed
buildings, except for the purposes of unloading or servicing the premises.
(Ord. of 3-13-2006; Ord. of 4-9-2007(1), § 48-16(3)(b); Ord. of 4-9-2007(2), § 48-
16(3)(g))

Sec. 48-17. AVAILABLE FOR FUTURE USE.


Sec. 48-18. SPECIAL REGULATIONS.

(1) ACCESSORY USES AND STRUCTURES.

      (a) Principal Use to be Present. Accessory use or structure in any zoning district
      shall not be established prior to the principal use or structure being present or
      under construction.
                                                                               Page 50 of 83


(b) Placement Restrictions. An accessory use or structure in a residential district
may be established subject to the following regulations:

      1. Accessory Building Number Limits. In any residential district, in addition to
      the principal building, a detached garage or attached garage and one
      additional accessory building may be placed on a lot.

      2. Accessory Building Size Limits. No detached accessory building or
      structure shall exceed the height of the principal building or structure. (See
      also Sec. 48-20(2)(g).)

      3. Attached Accessory Buildings. All accessory buildings that are attached to
      the principal building shall comply with the yard requirements of the principal
      building.

      4. Detached Accessory Buildings. No detached accessory building shall
      occupy any portion of the required front yard, and no detached accessory
      building shall occupy more than forty (40%) percent of the rear yard, or be
      located within three (3) feet of any other accessory building or lot line. An
      accessory building shall not be nearer than ten (10) feet to the principal
      structure unless the applicable building code regulations are complied with.
      In no event can the accessory uses or structures be forward of the front line
      of the principal structure.

      5. Accessory Building Yard Requirements. Accessory building yard
      requirements shall be as prescribed for each zoning district.

(c) Use Restrictions -- Residential District. Accessory uses or structures in
residential districts shall not involve the conduct of any business, trade, or industry
except for home occupations as defined herein, and shall not be occupied as a
dwelling unit.

(d) Reversed Corner Lots. When an accessory structure is located on the rear of a
reversed corner lot, it shall not be located beyond the front yard required on the
adjacent interior lot to the rear, nor nearer than five (5) feet to the side line of the
adjacent structure. (See Figure 4.)

(e) Landscaping and Decorative Uses. Accessory structures and vegetation used for
landscaping and decorating may be placed in any required yard area. Permitted
structures and vegetation include flagpoles, ornamental light standards, lawn
furniture, sundials, birdbaths, trees, shrub and flowers and gardens. Any vegetation
that is desired to be planted shall be planted a minimum of half the declared
maturation width from the lot line. Any growth from any planting that grows over
the lot line is subject to pruning/removal of that part of the planting by the property
owner to which the encroachment occurs. In no case shall any planting over three
feet in height be allowed within the front/corner yard as to infringe on a vision
triangle.

(f) Temporary Uses. Temporary accessory uses such as real estate sales field
offices or shelters for materials and equipment being used in the construction of a
                                                                                Page 51 of 83


     permanent structure, may be permitted by the Zoning Administrator and shall be
     removed within 30 days of occupancy of project.

     (g) Garages in Embankments in Front Yards. Where the mean natural grade of a
     front yard is more than eight (8) feet above the curb level, a private garage may be
     erected within the front yard, provided as follows:

           1. That the floor level of such private garage shall be not more than one (1)
           foot above the curb level.

           2. That at least one-half (1/2) the height of such private garage shall be
           below the mean grade of the front yard.

(2) OUTSIDE FIREWOOD STORAGE.

     (a) No person shall store firewood in the front yard on residentially zoned property,
     except that firewood may be temporarily stored in the front yard for a period of
     thirty (30) days, from the date of its delivery.

     (b) Firewood shall be neatly stacked and may not be stacked closer than two (2)
     feet to any lot line and not higher than six (6) feet from grade, except adjacent to a
     fence where firewood can be stacked against the fence as high as the fence. Fences
     as used in this section shall not include hedges and other vegetation.

     (c) All brush, debris, and refuse from processing of firewood shall be promptly and
     properly disposed of and shall not be allowed to remain on the premises.

     (d) Woodpiles that contain diseased wood that is capable of transmitting disease to
     healthy trees and woodpiles that harbor or are infested or inhabited by rats or other
     vermin are public nuisances and may be abated pursuant to the provisions of this
     Code of Ordinances.

     (e) Not more than fifteen (15%) percent of the side and rear yard may be used for
     storage of firewood at any one time.

(3) FENCES AND HEDGES.

     (a) Fences Defined. For the purpose of this section:

           1. Fence. An enclosed barrier consisting of vegetation, wood, stone or metal
           intended to prevent ingress or egress. No fence shall be constructed of
           unsightly materials or materials that would constitute a nuisance. For the
           purpose of this section, the term "fence" shall include plantings, such as
           hedges and shrubbery.

           2. Boundary Fence. A fence placed six (6) inches from the property lines of
           adjacent properties.

           3. Protective Fence. A fence constructed to enclose a hazard to the public
           health, safety and welfare.
                                                                              Page 52 of 83



      4. Architectural or Aesthetic Fence. A fence constructed to enhance the
      appearance of the structure or the landscape.

      5. Hedge. A row of bushes or small trees planted close together that may
      form a barrier, enclosure or boundary.

      6. Picket Fence. A fence having a pointed post, stake, pale or peg laced
      vertically with the point or sharp part pointing upward to form a part of the
      fence.

(b) Height of Fences Regulated.

      1. Except as provided in Sec. 48-16(1), a fence, wall, hedge, or shrubbery
      may be erected, placed, maintained, or grown along a lot line on residentially
      zoned property or adjacent thereto to a height not exceeding eight (8) feet
      above the ground level, except that no such fence, wall, hedge, or shrubbery
      that is located in a required front or corner side yard shall exceed a height of
      four (4) feet. Where such lot line is adjacent to non-residentially zoned
      property, there shall be a ten (10)-foot limit on the height of a fence, wall,
      hedge or shrubbery along such lot line.

      2. Fences, walls, hedges or shrubbery shall be erected, placed, maintained,
      or grown along a lot line on any business or industrially zoned property,
      adjacent to residentially zoned property, to a height not less than eight (8)
      feet.

      3. In any residence district, no fence, wall, hedge or shrubbery shall be
      erected, constructed, maintained, or grown to a height exceeding two and
      one-half (2 1/2) feet above the street grade nearest thereto, within twenty-
      five (25) feet of the intersection of any street lines or of street lines
      projected.

(c) Setback for Residential Fences. Fences in or adjacent to a residential property
shall have a minimum six (6)-inch side and rear yard setback unless the adjacent
property owner consents, in writing, to the entrance upon such owners land for the
purpose of maintaining said fence. Maintenance includes cutting the grass.

(d) Security Fences. Security fences are permitted on the property lines in all
districts except residential districts, but shall not exceed ten (10) feet in height and
shall be of open type similar to woven wire or wrought iron fencing.

(e) Fences to be Repaired. All fences shall be maintained and kept safe and in a
state of good repair, and the finished side or decorative side of a fence shall face
adjoining property.

(f) Temporary Fences. Fences erected for the protection of planting, or to warn of
construction hazards, or for similar purposes, shall be clearly visible or marked with
colored streamers or other such warning devices at four (4)-foot intervals. Such
fences shall comply with the setback requirements set forth in this section. The
                                                                                 Page 53 of 83


      issuance of a permit shall not be necessary for temporary fences as described
      herein, but said fences shall not be erected for more than forty-five (45) days.

     (g) Nonconforming Fences and Hedges. Any fence or hedge existing on the effective
     date of this municipal code and not in conformity with this section may be
     maintained, but no alteration, modification or improvement of said fence shall
     comply with this section.
Amended by ordinance 8/14/2000.

(4) SWIMMING POOLS.

      (a) Definition. A private or residential swimming pool is an outdoor structure
      containing a body of water in a receptacle or other container having a depth for
      water at any point greater than fifteen (15) inches located above or below the
      surface of ground elevation, used or intended to be used solely by the owner,
      operator or lessee thereof and his family and by friends invited to use it, and
      includes all structural facilities, appliances and appurtenances, equipment and other
      items used and intended to be used for the operation and maintenance of a private
      or residential swimming pool.

      (b) Exempt Pools. Storable children's swimming or wading pools with a maximum
      diameter of fifteen (15) feet and a maximum wall height of fifteen (15) inches and
      that are so constructed that they may be readily disassembled for storage and
      reassembled to their original integrity, are exempt from the provisions of this
      section.

      (c) Permit Required. Before work is commenced on the construction or erection of a
      private or residential swimming pool or on any alterations, additions, remodeling or
      other improvements, an application for a swimming pool building permit to
      construct, erect, alter, remodel or add must be submitted in writing to the Building
      Inspector. Plans and specifications and pertinent explanatory data should be
      submitted to the Building Inspector at the time of application. No work or any part
      of the work shall be commenced until a written permit for such work is obtained by
      the applicant. A current fee shall accompany such application.

      (d) Construction Requirements. In addition to such other requirements as may be
      reasonably imposed by the Building Inspector, the Building Inspector shall not issue
      a permit for construction as provided for in Subsection (c), unless the following
      construction requirements are observed:

            1. All materials and methods of construction in the construction, alteration,
            addition, remodeling or other improvements and pool installation shall be in
            accord with all state regulations and codes and with any and all ordinances of
            the Village now in effect or hereafter enacted.

            2. All plumbing work shall be in accordance with all applicable ordinances of
            the Village and all state codes. Every private or residential swimming pool
            shall be provided with a suitable draining method, and in no case shall waters
            from any pool be drained into the sanitary sewer system, nor onto lands or
            other properties adjacent to that on which the pool is located or in the
                                                                                   Page 54 of 83


           general vicinity.

           3. All electrical installations, including lighting and heating but not limited
           thereto, which are provided for, installed, and used in conjunction with a
           private swimming pool, shall be in conformity with the state laws and Village
           ordinances regulating electrical installations.

     (e) Setbacks and Other Requirements.

           1. Private swimming pools shall be erected or constructed on rear or side lots
           only. No swimming pool shall be erected or constructed on an otherwise
           vacant lot. A lot shall not be considered vacant if the owner owns the
           contiguous lot and said lot is occupied by a principal building.

           2. No swimming pool shall be located, constructed or maintained closer to
           any side or rear lot line than is permitted in the zoning code for an accessory
           building., and in no case shall the water line of any pool be less than six (6)
           feet from any lot line.

     (f) Fence.

           1. Pools within the scope of this section that are not enclosed with a
           permanent building shall be completely enclosed by a fence of sufficient
           strength to prevent access to the pool. Such fence or wall shall not be less
           than five (5) feet in height and so constructed as not to have voids, holes, or
           openings larger than four (4) inches in one dimension. Gates or doors shall
           be kept locked while the pool is not in actual use.

           2. The pool enclosure may be omitted where portable pools are installed
           above ground and have a raised deck around the entire pool perimeter with
           an attached enclosed railing with a lockable gate a minimum of thirty-six
           (36) inches high on the top.

     (g) Compliance. All swimming pools existing at the time of passage of this code of
     ordinances, not satisfactorily fenced, shall comply with the fencing requirements of
     this section. All pools in compliance with codes at passage of this ordinance shall be
     deemed satisfactorily fenced.

(5) SATELLITE EARTH STATIONS AND TELEVISION OR RADIO ANTENNA TOWERS.

     (a) Satellite Earth Stations.

           1. Permit Required. No person or entity shall, within the Village, build,
           construct, use or place any type of satellite earth station until a permit shall
           have first been obtained from the Building Inspector and/or Clerk/Treasurer.

           2. Definitions.

                  a. For purposes of this section, a "satellite television dish" or "earth
                  station" is defined as an apparatus capable of receiving
                                                                         Page 55 of 83


      communications from a transmitter or a transmitter relay located in
      planetary orbit. They are also commonly referred to as disks, satellite
      communications systems or home earth stations.

      b. "Owner" means the holder of record of an estate in possession in
      fee simple, or for life, in land or real property, or a vendee of record
      under a land contract for the sale of an estate in possession in fee
      simple or for life but does not include the vendor under a land
      contract. A tenant in common or joint tenant shall be considered such
      owner to the extent of his interest. The personal representative of at
      least one owner shall be considered an owner.

3. Application. Application for a satellite earth station permit shall be made in
writing to the Building Inspector or Clerk/Treasurer. With such application
there shall be submitted a current fee and a complete set of plans and
specifications, including a plot plan showing the location of the proposed
satellite earth station with respect to adjoining alleys, lot lines, and buildings.
If such application meets all requirements of this section, the application
shall be approved.

4. Installation Restrictions. Satellite earth stations installed in any zoning
district within the Village shall comply with the following provisions:

      a. Number of Units. Not more than one satellite earth station may be
      allowed per individual recorded lot except additional stations may be
      permitted upon application for a variance in nonresidential zones.

      b. Location and Setbacks.

             i. Any satellite dish mounting post shall only be located in the
             rear yard of a residential lot and at least fifteen (15) feet from
             any property line. Placement of a satellite dish in a business or
             industrial district shall not be allowed unless approved by the
             Plan Commission.

             ii. If the dish cannot receive a usable satellite signal in the rear
             yard of any residential lot, but can receive such a signal while
             located in a side yard, it may be located only in a side yard after
             receiving approval from the Zoning Administrator. For corner
             lots, a side yard is only a yard that does not face a street.

             iii. No dish shall be placed in the front yard or on the roof of any
             residential, business or industrial lot in the Village unless
             approved by the Plan Commission.

             iv. The Zoning Administrator shall determine whether a signal
             constitutes a usable satellite signal, based on evidence provided
             by the person seeking a permit to erect or construct the dish.

      c. Mounting. Satellite earth stations located in agricultural or
                                                                Page 56 of 83


residential districts shall be ground-mounted only unless otherwise
approved by the Zoning Administrator. Satellite earth stations may be
wall- or roof-mounted in business or industrial districts only. Satellite
earth stations attached to the wall or roof of any principal or accessory
structure shall be subject to the structure being constructed to carry
all imposed loading. The Building Inspector may require engineering
calculations.

d. Diameter. The diameter of the satellite television dish shall not
exceed ten (10) feet for the ground-mounted dish and six (6) feet for
the roof-mounted dish, except for stations used to provide community
antenna television services.

e. Height.

      i. A ground-mounted satellite dish may not exceed ten (10) feet
      in height, as measured from the ground to the highest point of
      the dish.

      ii. A roof-mounted satellite dish may not exceed eight (8) feet in
      height above the surrounding roof line as measured from the
      lowest point of the existing roof line.

f. Wind Pressure. All satellite earth stations shall be permanently
mounted in accordance with the manufacturer's specifications for
installation. All such installations shall meet a minimum wind load
design velocity of eighty (80) m.p.h.

g. Electrical Installations. Electrical installations in connection with
earth satellite receiving stations, including grounding of the system,
shall be in accordance with the National Electrical Safety Code,
Wisconsin State Electrical Code and the instructions of the
manufacturer; in cases of conflict the stricter requirements shall
govern. All cable used to conduct current or signals from the satellite
earth station to the receivers shall be installed underground unless
installation site conditions preclude underground. If a satellite earth
station is to be used by two or more residential property owners, all
interconnecting electrical connections, cables and conduits shall be
shown on the application for permit. All satellite earth stations shall be
grounded against direct lightning strikes.

h. Temporary Placement. No portable or trailer-mounted satellite earth
station shall be allowed, except for temporary installation for on-site
testing and demonstration purposes for periods not exceeding five (5)
days. However, such trial placement shall be in accordance with all
provisions of this section. Failure to comply shall result in a citation
being issued for violation of this section. Any person making such
temporary placement shall give written notice to the Building Inspector
of the date when such placement shall begin and end.
                                                                             Page 57 of 83


            i. Advertising. No form of advertising or identification, sign or mural is
            allowed on the dish or framework other than the customary
            manufacturer’s identification plates.

            j. Interference With Broadcasting. Satellite earth stations shall be
            filtered and/or shielded so as to prevent the emission or reflection of
            an electromagnetic radiation that would cause any harmful
            interference with the radio and/or television broadcasting or reception
            on adjacent properties. In the event that harmful interference is
            caused subsequent to its installation, the owner of the satellite earth
            station shall promptly take steps to eliminate the harmful interference
            in accordance with Federal Communications Commission regulations.

            k. Compliance With Federal Regulations. The installation and use of
            every satellite earth station shall be in conformity with the Federal
            Cable Communications Policy Act of 1994 (Pub.L. 98-549, Oct. 30,
            1984, 98 Stat. 2779, as amended) and any amendments thereto.

            l. Color. The color of any satellite dish shall be such that it blends into
            its surroundings and shall be approved by the Zoning Administrator as
            part of the application.

      5. Variances. Requests for variances from the standards established by this
      section may be made to the Board of Appeals pursuant to Sec. 48-21 of this
      chapter.

      6. Enforcement.

            a. It shall be unlawful to construct, use, build or locate any satellite
            television dish in violation of any provisions of this section. In the
            event of any violation, the Village Board, Zoning Administrator,
            Building Inspector or any property owner who would be specifically
            damaged by such violation may institute appropriate action or
            proceedings to enjoin a violation of this section.

            b. Any person, firm or corporation who fails to comply with the
            provisions of this section shall upon conviction be subject to the
            general penalty.

(b) Radio or Television Antenna Towers.

      1. No radio or television antenna tower shall be erected or installed within
      the front or side yard. The rear setback and the side setback in rear yards
      shall be that for the principal structure within the respective zoning district.
      The exact location of the antenna tower shall be subject to approval by the
      Zoning Administrator.

      2. No radio or television tower shall exceed a height of twenty (20) feet
      above the roof line of the building on the property upon which the antenna is
      located or sixty (60) feet above the ground measured at grade level,
                                                                            Page 58 of 83


      whichever is less.

      3. Radio or television antenna towers shall be erected and installed in
      accordance with the Wisconsin State Electrical Code, National Electrical
      Safety Code, Federal Communications commission and the instructions of the
      manufacturer; in cases of conflict the stricter requirements shall govern.

(c) Wireless Communication System
Definition-for the purpose of this section a wireless communication system is
defined as a system capable of receiving communications from a transmitter or
transmitter relay located in different locations.

      1. Application. Application for permit shall be made in writing to the Building
      Inspector or Clerk/Treasurer. With such application there shall be submitted
      a current fee and a complete set of plans and specifications, including a plot
      plan showing the height and location of the tower, with respect to adjoining
      alleys, lot lines, and buildings. If such application meets all requirements of
      this section, the application shall be sent to the Plan Commission for review.

      2. Installation Restrictions. Wireless communication systems may only be
      installed in any B-G, B-P, or I zoning district within the village and shall
      comply with the following provisions:

            a. Number of units. Not more than one wireless communication system
            may be allowed in a zoning district.

            b. Location and Setbacks. Placement and location of a wireless
            communication system shall be subject to the approval of the Plan
            Commission.

            c. Mounting. Wireless communication systems shall be wall or roof
            mounted. Wireless communication systems attached to the wall or roof
            of any structure shall be subject to the structure being constructed to
            carry all imposed loading. The Building Inspector may require
            engineering calculations to verify the structural sufficiency of the
            proposed system and the structure upon which it is to be installed.

            d. Height. The height of the wireless communication system shall be
            determined by topographic location and be subject to review by the
            FFA (Federal Aviation Administration) and the village may require
            applicant to apply for a FFA Aeronautical Study. All costs of such
            review and study shall be the applicant’s responsibility. Subject to FAA
            approval, the Plan Commission shall have the final authority to
            determine the permitted height of any such tower.

            e. Diameter. The diameter of the wireless communication dish shall
            not exceed four (4) feet.

            f. Wind Pressure. All wireless communication systems shall be
            permanently mounted in accordance with the manufacturer’s
                                                                        Page 59 of 83


      specifications for installation. All such installations shall meet a
      minimum wind load design velocity of eighty (80) m.p.h.

      g. Electrical Installations. Electrical installations in connection with
      wireless communication systems, including grounding of the system
      shall be in accordance with all applicable codes including but not
      limited to, Wisconsin State Electrical Code and the instructions of the
      manufacturer; in case of conflicts the stricter requirements shall
      govern. All cable used to conduct current or signals from the wireless
      communication system to the receivers shall be installed underground
      unless installation site conditions preclude underground. All wireless
      communication systems shall be grounded against direct lightning
      strikes.

      h. Advertising. No form of advertising or identification, sign or mural is
      allowed on the dish or tower other than the customary manufacturer
      identification plates, which shall not exceed 10‖ x 10‖ in size.

      i. Interference with Broadcasting. Wireless communication systems
      shall be filtered and/or shielded so as to prevent the emissions or
      reflection of an electromagnetic radiation or other emissions that
      would cause any harmful interference with the telephone, radio and/or
      television broadcasting or reception. In the event any such
      interference is caused subsequent to its installation, the owner of the
      wireless communication system shall promptly eliminate the
      interference.

      j. Compliance with Regulations. The installation and use of every
      wireless communication system shall be in conformity with all
      applicable governmental regulations and rules, including but not
      limited to, Federal Communication Commission rules and regulations.

      k. The color of the tower and dish shall be such that it blends into its
      surroundings and shall be subject to approval of the Plan Commission.

      l. The applicant shall maintain the system in good condition at all
      times.

3. Enforcement.

      a. It shall be unlawful to construct, use, build or locate any wireless
      communication system in violation of any provisions of this ordinance,
      or any other applicable laws. In the event of any violation of this
      ordinance, the Village Board, Zoning Administrator, Building Inspector
      may issue an order to the applicant, current owner and/or the
      occupant of the property upon which the wireless communication
      system is located, to promptly correct such violation, specifying the
      violation and the date by which the violation is to be corrected. Failure
      of such persons and/or entities to timely correct such violation(s) shall
      result in the imposition of a forfeiture against such persons and/or
                                                                                    Page 60 of 83


                   entities in the amount of $50.00 (fifty) per day for each violation
                   executed after the date of such order.
                   Amended by ordinance 5/14/2001.

(6) HOME OCCUPATION/PROFESSIONAL HOME OFFICE. A Home Occupation/Professional
Home Office is any home occupation/profession carried on by a member of the immediate
family residing on the premises, which meets all of the following conditions:

      (a) The home occupation/profession shall be conducted only within the enclosed
      area of the dwelling unit or accessory building thereto.

      (b) There shall be no exterior or interior alterations or additions to the dwelling unit
      or accessory building in connection with the home occupation/profession. There
      shall not be any evidence of any kind visible from the exterior of the dwelling or
      accessory building that indicate it is being used in part for any purpose other than
      that of a dwelling or allowed accessory use except for those signs permitted in such
      residential district.

      (c) No storage or display of materials, goods, supplies or equipment related to the
      operation of the home occupation/profession shall be visible outside the dwelling or
      accessory building located on the premises.

      (d) The home occupation/profession must not create environmental, safety or
      health hazards such as smoke, odor, glare, noise, dust, vibrations, fire hazards,
      electrical interference, admissions or any other nuisance not normally associated
      with the residential use of the District.

      (e) The use shall not involve the use of commercial vehicles for more than
      occasional delivery of materials to or from the premises, and traffic generated by
      the home occupation may not exceed that which is customary to residential
      occupancies in the neighborhood.

      (f) A permitted home occupation shall not occupy more than 25% of the floor area
      of one story of the dwelling that is devoted to such home occupation/profession.

      (g) Persons employed by home occupation/profession shall be limited to resident
      family members and not more than one non-resident employee.

      (h) Under no circumstances shall a vehicle repair or vehicle body work business
      qualify as a home occupation/profession.

      (i) The home occupation/profession must be clearly secondary and incidental to the
      residential use of the property.

      (j) The home occupation/profession must not interfere with residential occupancy of
      other parcels in the District

      (k) Signage by the home occupation will be governed by the Village's sign
      ordinance. One sign shall be permitted, which sign shall be attached to the building
      or the accessory building, and shall not exceed four (4) sq. ft. and shall not be
                                                                                    Page 61 of 83


      lighted at night.

      (l) Garage sales as a type of home occupation are allowable in all residential
      districts provided that not more than two are held on a single premise per year and
      that each such sale shall not exceed four (4) days in duration.

      (m) Daycare is allowable as a home occupation/profession in a residential district
      where such use falls within the definition "family daycare home" as defined in
      section 66.304(1) 66.1017 Wis. Stats., and any amendment or revision thereof.

      (n) No on-site production shall be permitted which is typically only permitted in the
      industrial zoning districts.

      (o) Property owner's written permission is required as part of the Compliance
      Checklist.

      (p) No mechanical or electrical equipment shall be installed or maintained other
      than as is customarily incidental to residential use.

      (q) Traffic generated by the home occupation/profession may not exceed that which
      is customary to residential occupancies in the District.

      (r) The use is to be clearly incidental to the use of the dwelling unit for residential
      purposes.

      (s) Notwithstanding the above, all who undertake allowed home
      occupation/professions in residential districts shall complete and file a Compliance
      Checklist, on a form as approved by the Plan Commission and made available by
      the Village Clerk/Treasurer, prior to commencing the home occupation/profession.
      This form shall be filed with the Village Clerk/Treasurer along with a $25.00
      application fee. The Clerk/Treasurer shall retain the form while the home
      occupation/profession is in use. The filed Application for Home
      Occupation/Profession shall be reviewed by the Zoning Administrator and/or
      Building Inspector to determine compliance of the home occupation/profession with
      this Code. The Zoning Administrator shall then recommend to the Planning/Zoning
      Commission whether or not to approve the home occupation/profession or require
      that a conditional use permit be obtained. The Application for Home
      Occupation/Profession shall be signed by both the owner and/or occupant of the
      premises on which the home occupation/profession is conducted.

(7) PARKING OF TRUCKS AS ACCESSORY USE. The parking of trucks as an accessory use,
when used in the conduct of an approved home occupation, shall be limited to vehicles
having a licensed gross weight of no greater than 16,000 lbs. when located within a
residential district or 150 feet from a residential district boundary line. ** Amended
1/13/03
(Ord. of 8-14-2001; Ord. of 5-14-2001; Ord. of 1-13-2003)

     ARTICLE V. NONCNFORMING USES, MODIFICATIONS AND STANDARDS

Sec. 48-19. NONCONFORMING USES, STRUCTURES AND LOTS.
                                                                                  Page 62 of 83



(1) EXISTING NONCONFORMING USES.

      (a) Continuation. Except as otherwise specially provided in this chapter, the lawful
      nonconforming use of a structure, land or water existing at the time of the adoption
      or amendment of this chapter may be continued although the use does not conform
      to the provisions of this chapter, provided however:

             1. Only that portion of the land or water in actual use may be so continued
             and the structure may not be extended, enlarged, reconstructed, substituted
             or moved.

             2. The total lifetime structural repairs or alterations shall not exceed fifty
             (50%) percent of the assessed value of the structure at the time of its
             becoming a nonconforming use unless it is permanently changed to conform
             to the use provisions of this chapter.

             3. No new accessory structures are permitted. * Amended 3/11/2002

      (b) Abolishment or Replacement of Existing Nonconforming Use. If such
      nonconforming use is discontinued or terminated for a period of twelve (12)
      months, any future use of the structure, land or water shall conform to the
      provisions of this chapter. When a nonconforming use or structure is damaged by
      fire, explosion, flood, the public enemy or other calamity to the extent of more than
      fifty (50%) percent of its most recent assessed value, it shall not be restored
      except so as to comply with the use provisions of this chapter. From the date of
      adoption of this chapter, a current file of all nonconforming uses shall be
      maintained by the Zoning Administrator, listing the following:

             1. Owner's name and address.

             2. Use of structure, land or water.

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

(2) EXISTING NONCONFORMING STRUCTURES. Any lawful nonconforming structures
existing at the time of adoption or amendment of this chapter may be continued, although
its size or location does not conform with the lot width, lot area, yard, height, parking and
loading, and access provisions of this chapter. However, it shall not be extended,
enlarged, reconstructed, moved or structurally altered except when required to do so by
law or order or so as to comply with the provisions of this chapter or with the
recommendation of the Planning Commission and approval of the Village Board.

(3) CHANGES AND SUBSTITUTIONS. Once a nonconforming use or structure has been
changed to conform, it shall not revert back to a nonconforming use or structure. Once
the Plan Commission has permitted the substitution of a more restrictive nonconforming
use for an existing nonconforming use, the substituted use shall lose its status as a legal
nonconforming use and become subject to all the conditions required by the Plan
Commission.
                                                                                    Page 63 of 83


(4) SUBSTANDARD LOTS. In any residential district, structures may be erected on any
legal lot of record prior to the effective date of this code, provided that the area, the width
and the depth of such existing lot shall be no less than eighty (80%) percent of the
required minimums set forth in Sec. 48-14 of this chapter. Also see Sec. 48-11(5)(j).
(Ord. of 3-11-2002)

Sec. 48-20. MODIFICATIONS.

(1) HEIGHT. The district height limitations stipulated elsewhere in this chapter may be
exceeded, but such modification shall be in accord with the following:

      (a) Architectural Projections. Architectural projections such as spires, belfries,
      parapet walls, cupolas, domes, flues and chimneys are exempt from the height
      limitations of this chapter.

      (b) Special Structure Height Limitations. Special structures such as elevator
      penthouses, gas tanks, grain elevators, scenery lofts, radio and television receiving
      antennas, manufacturing equipment and necessary mechanical appurtenances,
      cooling towers, fire towers, substations and smokestacks are exempt from the
      height limitations of this chapter.

      (c) Essential Services Height Limitations. Essential services, utilities, water towers,
      and electric power and communication transmission lines are subject to conditional
      use permit.

      (d) Communications Structures Height Restrictions. Communications structures
      such as radio and television transmission and relay towers, aerial and observation
      towers shall not exceed in height three (3) times their distance from the nearest lot
      line.

      (e) Agricultural Structures Height Restrictions. Agricultural structures such as
      barns, silos and water windmills shall not exceed in height twice their distance from
      the nearest lot line.

      (f) Public Facilities Height Restrictions. Public or semi-public facilities such as
      schools, churches, hospitals, monuments, sanitariums, libraries, governmental
      offices and stations may be erected to a height of sixty (60) feet, provided all
      required yards are increased not less than one (1) foot for each foot the structure
      exceeds the district's maximum height requirement.

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

      (a) Uncovered Stair Restrictions. Uncovered stairs, landings and fire escapes may
      project into any yard, but not to exceed six (6) feet and not closer than three (3)
      feet to any lot line, and must be eight (8) feet or more above ground.

      (b) Architectural Projection Restrictions. Architectural projections such as chimneys,
      flues, sills, eaves, belt courses and ornaments may project into any required yard
      (setback requirements), but such projection shall not exceed two (2) feet.
                                                                                     Page 64 of 83



      (c) Cul-de-Sac and Curve Restrictions. Residential lot frontage on cul-de-sacs and
      curves may be less than eighty (80) feet provided the width at the building setback
      line is at least eighty (80) feet and the street frontage is not less than forty-five
      (45) feet.

      (d) Residential Fence Restrictions. Residential fences are permitted in residential
      districts subject to Sec. 48-18(3).

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

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

      (g) Detached Garage. Detached garages are permitted in the rear yard and side
      yard only.

(3) NOISES EXEMPTED. Sirens, whistles and bells which are maintained and utilized solely
to serve a public purpose are exempt from the sound level standards of this chapter.

Sec. 48-21. PERFORMANCE STANDARDS, COMPLIANCE.

This chapter permits specific uses in specific districts and these performance standards
are designed to limit, restrict and prohibit the effects of those uses outside their premises
or district. No structure, land or water shall hereafter be used except in compliance with
the district regulations and with the following performance standards.

(1) AIR POLLUTION. No activity or operation shall be established or maintained which by
reason of its nature causes emission of any fly ash, dust, fumes, vapors, mists or gases in
such quantities as to cause soiling or danger to the health of persons, animals, vegetation
or property. In no case shall any activity emit any liquid or solid particles in
concentrations exceeding 0.3 grains per cubic foot of the conveying gas, nor any color
visible smoke equal to or darker than No. 2 on the Ringlemann Chart described in the
United States Bureau of Mines' Information Circular 7718 in any industrial district.

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

(3) GLARE AND HEAT. No unsanctioned activity shall emit glare or heat this is visible or
measurable outside its premises, except activities in the industrial district which may emit
direct or sky-reflected glare which shall not be visible outside their district. All operations
                                                                                  Page 65 of 83


producing intense glare or heat shall be conducted within a completely enclosed building.
Exposed sources of light shall be shielded so as not to be visible outside their premises.

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

(5) NOISE AND VIBRATION. No activity or operation shall be established or maintained
which by reason of its nature or manner of operation will cause the emission of noise in
such levels as to be detrimental to or endanger the public health and safety or cause
injury to property or business. In no case shall any activity emit noise or vibration over
seventy-five (75) decibels, emanating from any activities, beyond the boundaries of the
immediate site.

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

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

(8) REFUSE. All waste material, debris, refuse or garbage which cannot be properly
disposed of through the public sanitary sewerage system shall be kept in an enclosed
building or properly contained in a closed container designed for such purposes. The
owner of vacant land shall be responsible for keeping such land free of refuse.

                 ARTICLE VI. ADMINSTRATION AND ENFORCEMENT

Sec. 48-22. ADMINISTRATION.

(1) GENERAL ADMINISTRATIVE SYSTEM. This chapter contemplates an administrative and
enforcement officer entitled the "Zoning Administrator" to administer and enforce the
same. Certain considerations, particularly with regard to granting of permitted conditional
uses, planned unit development conditional uses; changes in zoning districts and zoning
map, and amending the text of this code require review, recommendation or approval by
the Plan Commission and, for some requests, action by the Village Board. A Zoning Board
of Appeals is provided to assure proper administration of the chapter and to avoid
arbitrariness.

(2) ZONING ADMINISTRATORS. The duty of the Zoning Administrators shall be to
interpret and administer this chapter. The Zoning Administrator shall also issue, after on-
site inspection, if required by this ordinance, review and recommendation from the Plan
Commission and approval of the Village Board, all permits required by this chapter. The
Zoning Administrator shall further:

      (a) Issue all zoning certificates and make and maintain records thereof;
                                                                                 Page 66 of 83


     (b) Conduct inspections of buildings, structures, and use of land to determine
     compliance with the terms of this ordinance;

     (c) Maintain permanent and current records of this ordinance, including but not
     limited to, all maps, amendments, conditional uses, variances, appeals and
     applications therefore;

     (d) Provide and maintain public information/communication relative to all matters
     arising out of this ordinance;

     (e) Receive, file and forward to the Village Clerk all applications for amendments to
     this ordinance;

     (f) Receive, file and forward to the Plan Commission all applications for conditional
     uses and zoning changes;

     (g) Receive, file and forward to the Board of Appeals all applications for appeals,
     variances, or other matters on which the Board of Appeals is required to act under
     this ordinance;

     (h) Initiate, direct and review from time to time a study of the provisions of this
     ordinance, and make recommendations to the Plan Commission not less frequently
     than once a year.

     (i) Attend meetings and act as an advisory member of the Plan Commission.

     (j) Responsible for administering developer’s agreements

     (k) Responsible for enforcement of zoning ordinances with the authority to issue
     (zoning) citations.

     (l) Administer the Erosion Control & Storm Water Ordinance, Chapter 44. * 4/10/06

     (m) In the absence of the Zoning Administrator, the Public Works Director and
     Village Clerk are hereby designated as acting Zoning Administrator.

(3) ROLE OF SPECIFIC OFFICIALS IN ZONING ADMINISTRATION.

     (a) Plan Commission. The Plan Commission, together with its other statutory duties,
     shall make reports and recommendations relating to the plan and development of
     the Village to the Village Board, other public officials and other interested
     organizations and citizens. In general, the Plan Commission shall have such powers
     as may be necessary to enable it to perform its functions and promote municipal
     planning. Under this chapter, one of its functions is to make recommendations to
     the Village Board pursuant to guidelines set forth in this chapter as to various
     matters and always being mindful of the intent and purposes of this chapter.
     Recommendations shall be in writing. A recording thereof in the Commission's
     minutes shall constitute the required written recommendation. The Commission
     may, in arriving at its recommendation, on occasion and of its own volition, conduct
     its own public hearing.
                                                                           Page 67 of 83



(b) Village Board. The Village Board, the governing body of the Village, subject to
receiving recommendations by the Plan Commission and the holding of public
hearings by said Board, has ultimate authority to make changes and amendments
in zoning districts, the zoning map and supplementary flood land zoning map; and
to amend the text of this chapter. The Board may delegate to the Plan Commission
the responsibility to hold some or all public hearings as required under this
subchapter and other provisions therefore elsewhere in this chapter. The Village
Board shall act as the Board of Appeals for conditional uses granted or denied by
the Plan Commission.

(c) Zoning Board of Appeals. A Zoning Board of Appeals is established to provide an
appeal procedure for persons who deem themselves aggrieved by decisions of
administrative officers in enforcement of this chapter.

      1. Establishment. A Zoning Board of Appeals shall be appointed and
      governed by the state zoning enabling law as contained in Sec. 62.23, Wis.
      Stats., the Village Zoning Code and ordinances and this section. The laws of
      the state or Village and local ordinances shall prevail in that order. The
      Zoning Board of Appeals shall consist of five (5) citizen members and two (2)
      alternate members, appointed by the Village President subject to
      confirmation by the Village Board, for a three- (3) year term of office. The
      members shall be removable by the Village Board for cause upon written
      charges and upon public hearing. The Village President shall designate one of
      the members as chairperson.

      2. Powers. The Zoning Board of Appeals shall have the following powers:

            a. To hear and decide appeals where it is alleged there is error in any
            order, requirement, decision or determination made by an
            administrative official in the enforcement of any Village Zoning Code or
            any ordinance adopted under Sections 62.23, 61.35 or 62.231
            (wetlands), 87.30 or 144.26 281.31 (floodplains) or Chapter 91 91.01
            et seq. (farmland preservation), Wis. Stats.

            b. To hear and decide special exceptions to the terms of the Village
            zoning and floodplain zoning regulations upon which the Board of
            Appeals is required to pass.

            c. To authorize, upon appeal in specific cases, such variance from the
            terms of the Village zoning regulations as will not be contrary to the
            public interest, where owing to special conditions, a literal enforcement
            will result in practical difficulty or unnecessary hardship, so that the
            spirit of the Zoning code shall be observed, public safety and welfare
            secured and substantial justice done; provided, however, that no such
            action shall have the effect of establishing in any district a use or uses
            not permitted in such district. The Zoning Board of Appeals shall not
            grant use variances in floodplain or wetland and conservancy districts.
            In all other districts, no use variance shall be granted unless the
            applicant has first petitioned for a zoning amendment or a conditional
                                                                     Page 68 of 83


      use permit, if applicable and upon a showing that no lawful and
      feasible use of the subject property can be made in the absence of
      such variance. Any use variance granted shall be limited to the specific
      use described in the Board's decision and shall not permit variances in
      yard, area or other requirements of the district in which located.

      d. To permit the erection and use of a building or premises in any
      location subject to appropriate conditions and safeguards in harmony
      with the general purpose of the zoning code, for such purposes which
      are reasonably necessary for public convenience and welfare.

      e. The Zoning Board of Appeals may reverse or affirm wholly or in part
      or may modify an order, requirement, decision or determination as in
      its opinion ought to be made in the premises. The concurring vote of
      four (4) members of the Zoning Board of Appeals 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 any variation in the requirements of the
      Zoning Code. The grounds of every such determination shall be stated
      and recorded. No order of the Zoning Board of Appeals granting a
      variance shall be valid for a period longer than twelve (12) months
      from the date of such order unless the building permit is obtained
      within such period and the erection or alteration of a building is started
      or the use is commenced within such period.

3. Meeting and Rules.

      a. All meetings and hearing of the Zoning Board of Appeals shall be
      open to the public.

      b. Special meetings may be called by the Chairperson or by the
      Secretary at the request of two (2) members. Notice of a special
      meeting shall be mailed to each member at least seventy-two (72)
      hours prior to the time set for the meeting, or announcement of the
      meeting shall be made at any meeting at which all members are
      present. Notice of the special meeting may be personally delivered at
      least forty-eight (48) hours prior to the time set for the meeting.

      c. Hearings for applications for variances may be held at any regular or
      special meeting at the time and place set by the Chairperson. The
      application shall contain the names and addresses of the owners of all
      properties lying within 200 ft. of the property for which the variance is
      requested. Notice of the hearing to consider a variance shall be sent
      by 1st Class Mail with affidavit of mailing to the owners of all such
      properties, with such notices being deposited in the United States mail
      at least ten (10) days prior to the date of such hearing. Additionally, a
      class one notice of such hearing shall be posted. The applicant shall
      reimburse the Village on demand for all costs incurred in providing for
      the hearing notice as established above. amended 08-12-2002
                                                                                  Page 69 of 83


                  d. A quorum for any meeting or hearing shall consist of four (4)
                  members, but a lesser number may meet and adjourn to a specified
                  time.

                  e. The Board shall keep minutes of its proceedings, showing the vote
                  of each member upon each question, or, if absent or failing to vote,
                  indicating such fact, and shall keep records of its examination and
                  other official actions, all of which shall be immediately filed in the
                  office of the Village Clerk/Treasurer and shall be public record. The
                  Board shall adopt its own rules of procedure not in conflict with this
                  Code of Ordinances or with the applicable Wisconsin Statutes.

                  f. No Board member shall participate in the decision of or vote upon
                  any case in which the member is financially interested, directly or
                  indirectly, but the Chairperson shall direct an alternate member to act
                  instead. Disqualification of a member for interest shall not decrease
                  the number of votes required for acting upon any matter, but such
                  member may be counted in determining whether a quorum is present
                  for the transaction of business.

           4. Offices. The Village Board shall provide suitable offices for holding
           hearings and the preservation of records, documents, and accounts.

           5. Fees. Anyone applying to the Zoning Board of Appeals for a variance shall
           pay a fee of $25.00 to the Village Clerk/Treasurer. In the event the applicant
           requests a special meeting of the Zoning Board of Appeals to consider the
           applicants request for a variance, the applicant shall also pay an additional
           $100.00 to the Village Clerk/Treasurer before any such special meeting shall
           be held. A special meeting is a meeting held by the Zoning Board of Appeals
           other than a regularly scheduled meeting of the Zoning Board of Appeals.

(4) BUILDING PERMITS.

     (a) Building Permit Required. No building permit for a new structure, new use of
     land, water or air, or change in the use of land, water or air shall hereafter be
     issued and no structure or part thereof shall hereafter be located, erected, moved,
     reconstructed, extended, enlarged, converted, or structurally altered unless the
     application for such permit has been examined by the office of the Zoning
     Administrator and has affixed to it a permit of the office of the Zoning Administrator
     indicating that the proposed use of land, buildings or structures and any future
     proposed buildings or structures comply with all of the provisions of this ordinance.

           1. A sewer connection fee shall be charged to each new residential,
           commercial, industrial, and public authority unit. Further, if an existing
           commercial, industrial or public authority unit expands its operation such that
           the expansion results in increased flows to the sewer system, the Village
           shall assess an additional connection fee for the additional flows. The fee for
           residential units shall be determined based on the table below. Any structure
           larger than a six-unit residential and any usage other than residential will
           have its fee set by the Public Works Committee and approved by the Village
                                                                                  Page 70 of 83


            Board. The fees shall be reviewed annually by the Village Engineer and
            adjusted to the Engineering News Record (ENR) Index each January 1 to
            insure that they still bear a reasonable relationship to general costs of
            construction.

                   *1   unit    $3,000
                   *2   unit    6,000
                   *3   unit    9,000
                   *4   unit    12,000
                   *5   unit    15,000
                   *6   unit    18,000 *Amended 12/11/2006

                   (a) Any structure larger than a six unit residential shall be charges
                   $3,000 for each of the first six units, then at the schedule below for
                   additional units: *1 bedroom - $600. Each additional bedroom – add
                   $300 *Amended 12/11/06

                   (b) The fees shall be reviewed annually by the Village Engineer in
                   November and adjusted to the Engineering News Record (ENR) Index
                   each January 1 to insure that they still bear a reasonable relationship
                   to general costs of construction. Amended 4-14-03

            2. No building permit shall be issued for the construction of any building until
            sewer, water, grading and graveling are installed in the streets necessary to
            service the property for which the permit is required. No person shall occupy
            any building until sewer, water, grading, graveling, curb and gutter and a
            minimum of two (2) inches of bituminous pavement has been installed in the
            streets necessary to service the property and a certificate of occupancy shall
            not be issued until such utilities are available to service the property.

            3. Post Foundation Survey. Within ten (10) working days from the date a
            foundation is installed, backfilled and rough graded, and prior to any
            additional work being performed, a post foundation survey shall be submitted
            to the Zoning Administrator. The Zoning Administrator shall not authorize
            any additional construction work to be performed until and unless a survey is
            submitted which shows:

                   1. Location of foundation with respect to the property lines

                   2. Height of foundation in accordance with Master Grading Plan.

If the Post Foundation Survey reveals any deviation from the Master Grading Plan, it shall
be reinstalled accordingly, or approved by the Village Engineer.

      (b) Applications. Applications for a building permit shall be made to the Zoning
      Administrator and shall include the following where pertinent and necessary for
                                                                                       Page 71 of 83

                        13
       proper review:

              1. Names 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 by
              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 or survey prepared by a land surveyor registered in the State of
              Wisconsin or other map drawn to scale and showing such of the following as
              may be required by the Zoning Administrator: the location, boundaries,
              dimensions, uses, and size of the following: subject site; existing and
              proposed structures; existing and proposed easements, streets and other
              public ways; public utilities; off-street parking, loading areas and driveways;
              existing highway access restrictions; high water; channel, floodway and
              floodplain boundaries; and existing and proposed street, side and rear yards.

              4. Additional information as may be required by the Zoning Administrator or
              the Plan Commission (if involved).

       (c) Action.

              1. A building permit shall be granted or denied in writing by the Building
              Inspector within thirty (30) days of application and, if granted, the applicant
              shall post such permit in a conspicuous place at the site.

              2. The building permit shall expire within twelve (12) months unless
              substantial work has commenced, or within twenty-four (24) months after
              the issuance of the permit if the structure for which a permit is issued is not
              substantially completed, in which case of expiration, the applicant shall
              reapply for a building permit before commencing work on this structure. 14

              3. Any permit issued in conflict with the provisions of this chapter shall be
              null and void.



13
   Ch. 48- Zoning Code, § 48-22(4)(b). Administration. The provisions under this subsection
       are inconsistent with those appearing under Ch. 29- Building Regulations, § 29.02(b)
       ―Building permits‖ and § 29.03(h) ―Wisconsin uniform dwelling code,‖ regarding which
       official shall receive submissions of building permits. We request that the village clarify
       which official shall receive submissions of building permits: the Zoning Administrator; the
       Building Inspector; or both.
14
   Ch. 48- Zoning Code, § 48-22(4)(c)(2). Administration. The provisions under this
       subsection are inconsistent with those appearing under Ch. 29- Building Regulations, §
       29.02(h) ―Building permits‖ regarding the amount of time allowed before a building permit
       lapses. We request that the village advise us of the amount of time allowed before a
       building permit lapses; § 29.02(h)- 6 months, or § 48-22(4)(c)(2)- 12 months to 24
       months.
                                                                                  Page 72 of 83


(5) ENFORCEMENT.

     (a) The Village Board shall retain continuing jurisdiction over all conditional uses for
     the purpose of enforcing compliance with the terms and conditions of all conditional
     uses. Upon written complaint of any person or upon the Village Board's own motion,
     the Village Board shall initially determine whether there is a reasonable probability
     that the subject conditional use is in violation of one or more of the Conditional Use
     Standards contained in Sec. 48-15(3) ("Standards") of the Village Ordinances and
     any amendments thereto or any other conditions attached to the conditional use.
     Upon making a positive initial determination, a hearing shall be held upon notice as
     provided in Sec. 48-15(2)(d). Any person may appear at such hearing and testify in
     person or be represented by an agent or attorney. The Village Board may, in order
     to bring the subject conditional use into compliance with the Standards or
     conditions previously imposed by the Village Board, modify existing conditions upon
     such use and impose additional reasonable conditions upon the subject use. In the
     event no reasonable modification of such conditional use can be made in order to
     assure that all the conditions in the Standards are met, the Village Board may
     revoke the subject conditional use approval and direct the Zoning Administrator and
     Village Attorney to seek elimination of the subject use. Following any such hearing,
     the decision of the Village Board shall be furnished the owner of the conditional use
     in writing stating the reasons therefore.

(6) CHANGES AND AMENDMENTS.

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

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

     (c) Fees. In the event a change or amendment is initiated other than by the Village
     Board or the Plan Commission, the initiator shall pay a $25.00 fee to the Zoning
     Administrator upon the filing of such request. In the event the initiator requests or
     for any other reason a special meeting of the Plan Commission or the Village Board
     is occasioned by the request for change or amendment, the initiator of the change
     or amendment shall pay the Village, by delivering the same to the Zoning
     Administrator, an additional $100.00 before any such special meeting shall be held.
     A special meeting is a meeting other than a regularly scheduled meeting. The
     initiator is further responsible for any and all costs incurred by the Village in
     connection with notice that is given for a public hearing. The payment of those
     costs is due any payable to the Village on demand.

     (d) Petitions. Petitions for any change to the district boundaries or amendments to
     the regulations shall be filed with the Zoning Administrator and shall describe the
     premises to be rezoned or the regulations to be amended, list the reasons justifying
     the petition, specify the proposed use and have attached the following:
                                                                                 Page 73 of 83



           1. A plot plan drawn to a scale of one inch equals one hundred feet (1" =
           100') showing the area proposed to be rezoned, its location, its dimensions,
           the location and classification of adjacent zoning districts and the location
           and existing use of all properties within two hundred (200) feet of the area
           proposed to be rezoned.

           2. The owners' names and addresses of all properties lying within two
           hundred (200) feet of the area proposed to be rezoned.

           3. Additional information required by the Plan Commission.

     (e) Recommendations. The Plan Commission shall hold a public hearing as provided
     for in Sec. 62.23(7)(d), Wis. Stats., and review all proposed changes and
     amendments within the corporate limits and shall recommend that the petition be
     granted as requested, modified or denied. The recommendation shall be made in
     writing to the Village Board.

     (f) Compliance with Chapter 47. Notwithstanding anything to the contrary, unless
     waived by the Village Board, any grant of a conditional use shall be conditioned
     upon compliance with Chapter 47 of this Village Code including, but not limited to,
     payment of any and all Public Site Fees required by Chapter 47.

(7) SITE PLAN APPROVAL.

     (a) Site Plan Approval. All applications for building permits for any construction,
     reconstruction, expansion or conversion, except for one- and two-family residences
     in residential districts, shall require site plan approval by the Plan Commission in
     accordance with the requirements of this section.

     (b) Application. The applicant for a building permit shall also submit a site plan and
     sufficient plans and specifications of proposed buildings, machinery and operations
     to enable the Plan Commission or its expert consultants to determine whether the
     proposed application meets all requirements applicable thereto in this section.

     (c) Administration. The Zoning Administrator shall make a preliminary review of the
     application and plans, and refer them, along with a report of his/her findings, to the
     Plan Commission within ten (10) days of receipt. The Plan Commission shall review
     the application and may refer application and plans to one or more expert
     consultants to advise whether the application and plans meet all the requirements
     applicable thereto in this chapter. Within thirty (30) days of its receipt of the
     application, the Commission shall authorize the Zoning Administrator to issue or
     refuse a building permit.

     (d) Requirements. In acting on any site plan, the Plan Commission may impose
     conditions upon the issuance of site plan approval as it deems necessary to address
     the following issues:

           1. The appropriateness of the site plan and buildings in relation to the
           physical character of the site and the usage of adjoining land areas.
                                                                                             Page 74 of 83



                2. The layout of the site with regard to entrances and exits to public streets;
                the arrangement and improvement of interior roadways; the location,
                adequacy and improvement of areas for parking and for loading and
                unloading; and shall, in this connection, satisfy itself that the traffic pattern
                generated by the proposed construction or use shall be developed in a
                manner consistent with the safety of residents and the community, and the
                applicant shall so design the construction or use as to minimize any traffic
                hazard created thereby.

                3. The adequacy of the proposed water supply, drainage facilities, and
                sanitary and waste disposal.

                4. The landscaping and appearance of the completed site. The Plan
                Commission may require that those portions of all front, rear and side yards
                not used for off-street parking shall be attractively planted with trees,
                shrubs, plants or grass lawns, and that the site be effectively screened so as
                not to impair the value of adjacent properties nor impair the intent or
                purposes of this section.

         (e) Effect on Municipal Services. Before granting any site approval, the Plan
         Commission may, besides obtaining advice from consultants, secure such advice as
         may be deemed necessary from the Village Engineer or other municipal officials,
         with special attention to the effect of such approval upon existing municipal
         services and utilities. Should additional facilities be needed, the Plan Commission
         shall forward its recommendations to the Village Board and shall not issue final
         approval until the Village Board has entered into an agreement with the applicant
         regarding the development of such facilities.

                                         15
(8) VIOLATIONS AND PENALTIES.

         (a) Violations. It shall be unlawful to use or improve any structure or land, or to use
         water or air in violation of any of the provisions of this chapter. In case of any
         violation the Village Board, the Zoning Administrator, the Plan Commission or any
         property owner who would be specifically damaged by such violation, may cause
         appropriate action or proceeding to be instituted to enjoin a violation of this chapter
         or cause a structure to be vacated or removed.

         (b) Remedial Action. Whenever an order of the Zoning Administrator has not been
         complied with within thirty (30) days after written notice has been mailed to the
         owner, resident agent or occupant of the premises, the Village Board, the Zoning
         Administrator, or the Village Attorney may institute appropriate legal action or


15
     Ch. 48- Zoning Code, § 48-22(8). Administration. The provisions under this subsection
         appear inconsistent with those appearing under Ch. 29- Building Regulations, § 29.02(i)
         ―Building permits‖ regarding which village officials have the authority to enforce violations of
         the building and construction standards in this chapter. Ch. 29- Building Regulations, §
         29.02(i) ―Building permits‖ allows the Building Inspector to enforce violations, whereas this
         provision allows enforcement by the Village Board, the Zoning Administrator, the Plan
         Commission or any property owner who would be specifically damaged by the violation.
                                                                                            Page 75 of 83


         proceedings.

         (c) Penalties. Any person, firm or corporation who violates any provisions of this
         ordinance or who fails to comply with any of the provisions of this chapter or any
         order of the Zoning Administrator, Planning Commission, or Village Board issued in
         accordance with this chapter or resists enforcement shall, upon conviction thereof,
         forfeit not less than $100 nor more than $200 and in addition shall pay all costs and
         expenses involved in the case. Each day failure to comply or violation continues
         shall be considered a separate offense. 16

(9) CERTIFICATE OF COMPLIANCE.

         (a) No vacant land shall be occupied or used and no building hereafter erected,
         altered or moved shall be occupied 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 and the proposed use thereof are in conformity with the
         provisions of this chapter. Such certificate be applied for when application is made
         for a land use permit and shall be issued within ten (10) days after the completion
         of the work specified in such land use permit application but only if the building or
         premises and the proposed use thereof conform with all the requirements of this
         chapter.

         (b) Under such rules and regulations as may be established by the Village Board,
         the Building Inspector may issue a temporary certificate of compliance for part of a
         building.

         (c) Upon written request from the owner, the Building Inspector shall issue a
         certificate of compliance for any building or premises existing on the effective date
         of this chapter provided that on-site inspection shows that the extent and kind of
         use made of the building or premises conforms to the provisions of this chapter.

(10)     ZONING FEES *Amended 6/13/2005

         (a) Zoning permit fees and the applicable costs associated with their administration
         to be paid by the applicant are as follows:

                1. Residential Principal Use  $130.00 Base Fee*
                 (One and Two Family Structures)

                2. Residential Accessory Use  $65.00 Base Fee*
                 (One and Two Family Structures)

                3. Residential Addition, Alteration or Remodeling         $85.00 Base Fee*
                 (Principal or Accessory)




16
     Ch. 48- Zoning Code, § 48-22(8)(c). Administration. The provisions under this subsection
         fail to mention the penalty of revocation of the building permit by the Building Inspector, as
         listed under Ch. 29- Building Regulations, § 29.02(i) ―Building permits.‖
                                                                                 Page 76 of 83


            4. Commercial Principal Use      $185.00 Base Fee*
             (Includes Multi-Family)

            5. Commercial Accessory Use $ 75.00 Base Fee*
             (Includes Multi-Family)

            6. Commercial Addition, Alteration or Remodeling     $125.00 Base Fee*
             (Principal or Accessory)

            7. Zoning Permit - Sign   $105.00 Base Fee*
             (New or Existing)

            8. Written Zoning Verification   $40.00 Base Fe

            Additional Zoning and Selected Planning Services     Base Fee*

             9. Certified Survey Map (CSM) $200.00 plus $40.00 per lot

            10. Conceptual Land Division     $100.00 plus $40.00 per lot

            11. Conditional Use Permit (CUP)       $275.00

            12. Final Plat      $200.00 plus $40.00 per lot

            13. Extraterritorial Plat Review $200.00 plus $40.00 per lot

            14. Extraterritorial Zoning Review     $200.00 plus $40.00 per lot

            15. Joint Conditional Use and Re-Zone $500.00

            16. Joint Re-Zone and Certified Survey Map $450.00 plus $40.00 per lot

            17. Land Use Plan Amendment $350.00

            18. Planned Unit Development (PUD) $325.00

            19. Preliminary Plat      $200.00 plus $40.00 per lot

            20. Project Concept Review       $150.00

            21. Project Review $225.00

            22. Re-Zone Petition      $325.00

            23. Site Plan/Plan of Operation $175.00 plus .04 per sq. ft. of floor area

            24. Zoning Board of Appeal/Adjustment         $325.00

*Base Fee references the minimum fee for administration of "standard" permit
applications. Permit applications involving legal non-conforming lots, non-conforming
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structures, non-conforming uses, conditional uses and any permit applications that are not
considered by Zoning Administrator to be "standard" may result in fees in excess of the
Base Fee set forth above to cover costs incurred by the Village from the Village Attorney
and/or Village Engineer. Such additional costs will be invoiced to the applicant at a later
date.
(Ord. of 8-12-2002; Ord. of 4-14-2003; Ord. of 6-13-2005; Ord. of 4-10-2006; Ord. of
12-11-2006)

                            ARTICLE VII. CONDOMINIUMS

Sec. 48-23. CONDOMINIUM REGULATIONS.

(1)   PREAMBLE; PURPOSE

      (a)    Intent. Condominiums are regulated by the Village of Brooklyn to :

             1.    Protect residents and non-residents and their use, values and
             enjoyment of property.

             2.    Protect public health, safety, comfort and general welfare.

             3.    Minimize traffic congestion through proper ingress and egress.

(2)   DEFINITIONS

      (a)    Common elements. All of a condominium except its units.

      (b)   Condominium. A property subject to a condominium declaration under this
      ordinance.

      (c)  Condominium instruments. The declaration, bylaws, plats and plans of a
      condominium together with any attached exhibits or schedules and any subsequent
      amendments of any such instruments.

      (d)    Conversion condominium. A structure, or structures, which, before the
      recording of a condominium declaration, was wholly or partially occupied by
      persons other than those who have contracted for the purchase of condominium
      units and those who occupy with the consent of the purchasers.

      (e)   County. County shall refer to the county wherein the Condominium is
      located, which is either Green County or Dane County.

      (f)   Declaration. The instrument by which a property becomes subject to this
      ordinance and the declaration as amended from time to time.

      (g)    Unit. A part of a condominium intended for any type of independent use.

(3)   REQUIREMENTS.

      (a)    Condominium creation. A condominium may be created within the Village of
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      Brooklyn pursuant to the procedures set forth in Chapter 703 of Wisconsin Statutes
      and provided that the condominium has preliminary approval of the Village of
      Brooklyn Village Board. The condominium must also comply with all relevant
      sections of the Village of Brooklyn Zoning Code.

      (b)   Condominium approval. Condominium instruments shall be submitted to and
      approved by the Village of Brooklyn Board, upon recommendation of its
      Planning/Zoning Committee, prior to recording with the County Register of Deeds.

(4)   NEW CONSTRUCTION.

      (a)   Newly constructed units are subject to the requirements of the Village of
      Brooklyn Zoning Code in addition to this section.

(5)   EXPANSION REQUIREMENTS.

      (a)   All expandable condominiums must indicate the final total number and the
      approximate placement of the condominium units anticipated for the parcel.

(6)   CONVERSION CONDOMINIUMS.

This section pertains to the disposition and sale of existing cabins in resorts.

      (a)  Rental and non-rental resort buildings. Rental and non-rental resort buildings
      may be converted to condominium units provided that:

             1.     Proof of the fact of the existing resort can be shown.

             2.     The existing number of bedrooms conforms to the number on the
             resort license and the number on the license plus the number within the non-
             rental home will not be increased.

             3.   The means of ingress and egress are adequate for the converted usage
             and meet the minimum standards of the Village driveway ordinance.

(7)   PLATTING REQUIREMENTS.

The following information shall be provided upon application for Village approval:

      (a)    Name of Condominium.

      (b)    Legal description of the property.

      (c)    Name and address of the property owner(s).

      (d)   Site vicinity drawing showing location of all buildings on property and of all
      access roads.

      (e)    Area of total parcel.
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      (f)   Soil and site evaluation report.

      (g)   Report of water supply system.

      (h)   If an expandable condominium, the area of expansion.

(8)   VILLAGE REVIEW OF CONDOMINIUM INSTRUMENTS.

Condominium Instruments for proposed Condominiums that may exist within the
boundaries of the Village of Brooklyn must be submitted to the Village Board for review
prior to recording. The Village will approve the Condominium Instruments provided all of
the conditions for local review as set forth as follows are met:

      (a)   A recorded condominium instrument, amendment or addendum may only be
      modified by recording an amendment, addendum or correction instrument, or by
      removal from the provisions of this chapter under Wis. Stat. § 703.28(1). A
      correction instrument must refer to the instrument being corrected and may not
      record amendments and addenda unless they are numbered consecutively and bear
      the name of the condominium as it appears in the declaration.

      (b)   The Condominium Plat must include the following particulars at minimum:

            (1)    The name of the condominium and county in which the property is
            located on each sheet of the plat. The name of the condominium must be
            unique in the county in which the condominium is located. If there is more
            than one sheet, each sheet shall be consecutively numbered and show the
            relation of that sheet number to the total number of sheets.

            (2)    Plans that show the location of each building located or to be located
            on the property and, if there are units in a building, that show the
            perimeters, approximate dimensions, approximate square footage, and
            location of each unit in the building. Common elements shall be shown
            graphically to the extent feasible.

            (3)    All survey maps and floor plans submitted for filing shall be legibly
            prepared with a binding margin of 1.5 inches on the left side and a one-inch
            margin on all other sides on durable white media that is 14 inches long by 22
            inches wide with a permanent non-fading black image. The maps and plans
            shall be drawn to a convenient scale.

            (4)   Every unit shall be designated on the condominium plat by the unit
            number. Unit numbers may not contain more than 8 numerals and must be
            unique throughout the condominium.

      (c)   For a merger or consolidation of condominiums, both a restatement of the
      declaration of the resultant condominium that includes the merger agreement and
      an addendum to the condominium plat of the resultant condominium shall be
      recorded.

      (d)   If the merger of two or more condominiums would result in the creation of a
                                                                                    Page 80 of 83


      new plat for the resultant condominium, the property of the pre-existing
      condominiums shall first record a removal instrument with the County Register of
      Deeds.

      (e)   Before a certified survey map, condominium plat, subdivision plat or other
      plat may be recorded and filed for the same property, the condominium shall first
      record a removal instrument.

      (f)    Review shall be completed within ten (10) working days by the
      Planning/Zoning Committee of the submission of the Condominium Instruments to
      the Village Clerk, or any amendment or addition thereto. If the review is not
      completed within this period, the Condominium Instruments are approved for
      recording.

      (g)    The signatures of its Village President and Village Clerk shall be placed upon
      the final plat for recording in the County Register of Deeds Office as certification of
      approval.

(9)   REVIEW FEE.

The application for Village approval of the Condominium Instruments shall include a fee
equal to the actual cost of performing the review of Condominium Instruments.
Adopted: 12/12/2005
(Ord. of 12-12-2005)
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