Chapter 195
ZONING
ARTICLE I
General Provisions
§ 195-1. Authority and purpose.
§ 195-2. Intent.
§ 195-3. Abrogation and greater restrictions.
§ 195-4. Interpretation.
§ 195-5. Title.
§ 195-6. Zoning districts.
§ 195-7. Zoning Map; district boundaries.
§ 195-8. General regulations.
ARTICLE II
Terminology
§ 195-9. Word usage and definitions.
ARTICLE III
Residential Districts
§ 195-10. R-1 New Single-Family Residential District.
§ 195-11. R-2 New Single-Family Residential District.
§ 195-12. R-3 Existing Single-Family Mixed Residential District.
§ 195-13. R-4 Two-Family Residential District.
§ 195-14. R-5 Multiple-Family Residential District.
§ 195-15. R-6 Zero Lot Line Single-Family (Two-Family Appearance) Residential District.
§ 195-15.1.R-7 Townhome Multiple-Family Residential District.
ARTICLE IV
Business Districts
§ 195-16. B-1 Downtown Business District.
§ 195-17. B-2 General Business District.
§ 195-17.1.B-3 Neighborhood Commercial District.
§ 195-17.2.LI-Light Industrial District.
ARTICLE V
Manufacturing District
§ 195-18. M Manufacturing District.
ARTICLE VI
Conservancy District
§ 195-19. C Conservancy District.
ARTICLE VII
Agricultural District
§ 195-20. A Agricultural District.
ARTICLE VIII
Overlay District
§ 195-21. (Reserved)
§ 195-21.1.SO Scenic Overlay District.
§ 195-21.2.DO-1 Seven Bridges Design Overlay District.
§ 195-21.3.DO-2 Holmen Drive Design Overlay District.
§ 195-21.4.DO-3 Downtown Design Overlay District.
ARTICLE IX
Conditional Uses
§ 195-22. Application procedure.
§ 195-23. Uses requiring conditional use permit; restrictions.
ARTICLE X
Planned Unit Developments
§ 195-24. Purpose.
§ 195-25. Uses.
§ 195-26. (Reserved)
§ 195-26.1.Lot size; yard; bulk regulations.
§ 195-26.2.Signs.
§ 195-26.3.Off-street parking and loading.
§ 195-27. Procedure.
§ 195-28. (Reserved)
ARTICLE XI
Parking and Loading
§ 195-29. Minimum off-street parking required.
§ 195-30. Design of parking and loading areas.
§ 195-31. Loading space requirements for the B-2 and M Districts.
ARTICLE XII
Signs, Awnings, Canopies and Billboards
§ 195-32. Purpose.
§ 195-33. Definitions.
§ 195-34. Permit application procedure.
§ 195-35. Signs exempted.
§ 195-36. Signs requiring a permit.
§ 195-37. Landscape features.
§ 195-38. Prohibited signs.
§ 195-39. Dangerous and abandoned signs.
§ 195-40. Variances.
§ 195-41. Construction and maintenance.
§ 195-42. Electronic variable message (EVM) signs and portable and temporary signs.
§ 195-43. Nonconforming signs.
§ 195-44. Awnings and canopies.
§ 195-45. Violations and penalties.
ARTICLE XIII
Board of Appeals
§ 195-46. Establishment; membership; procedures.
§ 195-47. Powers and duties.
ARTICLE XIV
Enforcement and Penalties
§ 195-48. Building permits.
§ 195-49. Issuance of building permits.
§ 195-50. Zoning Officer.
§ 195-51. Zoning permit and occupancy certificate.
§ 195-52. Fees.
§ 195-53. Violations and penalties.
ARTICLE XV
Performance Standards
§ 195-54. Purpose; compliance required.
§ 195-55. Noise.
§ 195-56. Vibration.
§ 195-57. Radioactivity.
§ 195-58. Odor.
§ 195-59. Toxic or noxious matter.
§ 195-60. Glare.
§ 195-61. Heat.
§ 195-62. Dust.
§ 195-63. Fly ash.
§ 195-64. Smoke.
ARTICLE XVI
Site Plan and Architectural Review
§ 195-65. Establishment; purpose; membership.
§ 195-66. Powers.
§ 195-67. Principles.
§ 195-68. Design guidelines.
§ 195-69. Applications for review.
§ 195-70. Findings and modifications.
§ 195-71. Decision.
§ 195-72. Appeals.
§ 195-73. Violations and penalties.
§ 195-74. Severability.
ARTICLE XVII
Landscaping and Bufferyards
§ 195-75. Purpose.
§ 195-76. Applicability.
§ 195-77. Landscaping plan and design standards.
§ 195-78. Landscaping points.
§ 195-79. Landscaping distribution requirements, excluding bufferyards.
§ 195-80. Bufferyards.
§ 195-81. Rain gardens and bioswales.
§ 195-82. Installation and maintenance.
§ 195-83. Appeals.
§ 195-84. Violations and penalties.
§ 195-85. Findings and modifications.
§ 195-86. Prohibited plant species.
§ 195-87. Permitted plant species.
ARTICLE XVIII
Murals
§ 195-88. Rules and regulations.
§ 195-89. Violations and penalties.
Figure 195.87A
Figure 195.87B
Figure 195.87C
Figure 195.87D
Figure 195.87E
Figure 195.87F
Figure 195.87G
Figure 195.87H
Figure 195.87I
Figure 195.87BJ
Figure 195.87K
Figure 195.87L
Figure 195.87M
[HISTORY: Adopted by the Village Board of the Village of Holmen 1-28-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 29.
Impact fees — See Ch. 76.
Land division — See Ch. 90.
Mobile home parks — See Ch. 105.
ARTICLE I
General Provisions
§ 195-1. Authority and purpose.
- In accordance with the authority granted by Section 61.35 of the Wisconsin Statutes and for the purpose listed in said section, the Village Board of the Village of Holmen, Wisconsin, adopts this Comprehensive Zoning Ordinance effective as of February 5, 1998.
- The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the Village of Holmen.
§ 195-2. Intent.
It is the general intent of this chapter to regulate and restrict the use and development of all structures, lands and waters and to regulate and restrict lot coverage, population distribution and density, tree cutting, dredging and lagooning in shoreland areas 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 and air; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; prevent water pollution; protect spawning grounds, fish and aquatic life and otherwise further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the Village; and implement the Village’s Comprehensive Plan and plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.
§ 195-3. Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easement, covenants or agreements between parties or with any rules, regulations or permits previously adopted or issued pursuant to laws; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger open spaces than are required by other rules, regulations or permits or by easements, covenants or agreements, the provisions of this chapter shall govern.
§ 195-4. Interpretation.
The provisions of this chapter shall be interpreted and applied as minimum requirements, 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.
§ 195-5. Title.
This chapter shall be known as, referred to or cited as the “Zoning Ordinance, Village of Holmen, Wisconsin.”
§ 195-6. Zoning districts. [Added 2-9-2006 by Ord. No. 1.06; amended 7-12-2007 by Ord. No. 6.07; 8-11-2011 by Ord. No. 3.11; 5-10-2012 by Ord. No. 5-2012; 8-12-2021 by Ord. No. 6-2021]
Zoning districts are provided as follows:
| R-1 | New Single-Family Residential District |
| R-2 | New Single-Family Residential District – Large Lot |
| R-3 | Existing Single-Family Mixed Residential District |
| R-4 | Two-Family Residential District |
| R-5 | Multiple-Family Residential |
| R-6 | Zero Lot Line Two-Family Residential District |
| R-7 | Townhome Multiple-Family Residential District |
| B-1 | Downtown Business District |
| B-2 | General Business District |
| B-3 | Neighborhood Commercial District |
| LI | Light Industrial District |
| M | Manufacturing District |
| C | Conservancy District |
| A | Agricultural District |
| PUD | Planned Unit Development District |
| SO | Scenic Overlay |
| DO-1 | Seven Bridges Design Overlay District |
| DO-2 | Holmen Drive Design Overlay District |
| DO-3 | Downtown Design Overlay District |
§ 195-7. Zoning Map; district boundaries.
- The revised Official Zoning Map is an integral part of this chapter. A copy of this map titled “Zoning Map, Holmen, Wisconsin,” together with a copy of this chapter, shall be available in the Village Clerk’s office for public inspection during office hours. Any changes in zoning district boundaries shall be recorded on the map.
- The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.
- Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lot lines, and where the designations on the map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.
- In unsubdivided property, the district boundary shown on the map shall be determined by township or range line, 1/4 sections, and divisions thereof, property lines, by scale, or by dimensions shown on said map.
§ 195-8. General regulations.
Excepted as otherwise provided:
- Nonconforming uses and structures.
(1) Present uses of buildings and premises may be continued even though they do not conform to the restrictions of this chapter. However, structural repairs or alternations of such buildings or premises shall not exceed 50% of their assessed value at the time they become nonconforming unless a building or premises conforming to this chapter results. Any nonconforming use that is abandoned for one year shall be discontinued permanently.
(2) Existing nonconforming uses.
(a) 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; however, only the portion of the land or water in actual use may be so continued, and the structure may not be extended, enlarged, reconstructed, substituted, 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.
(b) Total lifetime structural repairs or alterations shall not exceed 50% of the municipality’s current 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.
(c) Substitutions of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
(3) Abolishment or replacement. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this chapter. When a nonconforming use is damaged by fire, explosion, flood, public enemy or other calamity to the extent of more than 50% of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.
(4) Existing nonconforming structures.
(a) A lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform to the lot width, lot area, yard, height, setback, parking and loading and access provisions of this chapter.
(b) Additions and enlargements to existing nonconforming structures are permitted and shall conform to the required building setback lines along streets, water and highways and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to additions or enlargements are applicable only if the lot or parcel conforms to the existing sanitary code requirements or is serviced by a public sanitary sewer.
(c) Existing nonconforming structures which are damaged or destroyed by fire, explosion, flood or other calamity may be reconstructed and insofar as is practicable shall conform to the required building setback lines along streets and highways and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to reconstruction are applicable only if the lot or parcel conforms to the existing sanitary code requirements or is serviced by a public sanitary sewer.
(d) Existing nonconforming structures may be moved and insofar as is practicable shall conform to the required building setback lines along streets or highways and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to moving are applicable only if the lot or parcel conforms to the existing sanitary code requirements or is serviced by a public sanitary sewer.
(5) Changes and substitutions. Once a nonconforming use or structure has been changed to conform it shall not revert to a nonconforming use or structure. Once the Board of Appeals 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 Board of Appeals.
- Amendments.
(1) Authority. Pursuant to the provisions of Sections 61.35 and 62.23(7) of the Wisconsin Statutes the Village Board may, after notice and public hearing as hereinafter provided, amend the regulation of this chapter or change the district boundaries.
(2) Initiation of petition. A proposal to amend the text or change the district mapping of this chapter may be initiated by the Village Board on its own motion or by petition of one or more property owners.
(3) Petitions. Petitions for any change in the district boundaries or amendments to the regulations shall be filed with the Village Clerk, shall describe the premises to be rezoned or the regulations to be amended, shall list the reasons justifying the petition and shall include the following:
(a) A plot plan drawn to scale of one inch equals 100 feet 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 100 feet of the area proposed to be rezoned.
(b) Owners’ names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.
(c) Additional information required by the Village Board.
(4) Official public hearing. The Village shall hold a public hearing on such petition, after giving a Class 2 notice under Chapter 985, Wisconsin Statutes, of the proposed amendment, giving an opportunity to any person interested to be heard.
(5) Action. As soon as possible after such public hearing the Village Board shall act to approve, modify and approve or disapprove the proposed amendment.
(6) Protest. In case of protest against such change duly signed and acknowledged by the owners of 20% or more either of the areas of land included in such proposed amendment, supplement or change or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land such amendment, supplement or change shall not become effective except by the favorable vote of 3/4 of the members of the Village Board.
(7) Reapplication. If the proposed amendment fails, that proposal will not be reconsidered for Board action for a period of one year. [Added 12-11-2003 by Ord. No. 9.03]
- Annexation.
(1) All territory annexed to the Village shall become part of the A Agricultural District, unless the property has an existing use, wherein it shall be zoned in compliance with the existing use and in accordance with the Comprehensive Plan. [Amended 11-23-2004 by Ord. No. 8.04; 7-9-2021 by Ord. No. 5-2021]
(2) An annexation fee in an amount equal to five times the amount of property taxes that the Town imposed on that territory in the year of the annexation will be charged to the property owner. All annexation fees must be paid in full on or before 10 days of the Holmen Village Board’s scheduled meeting to consider any proposed annexation petition. If for any reason an annexation petition is denied by the Holmen Village Board, said fees will be reimbursed within 10 business days. [Added 10-24-2004by Ord. No. 5.04]
- Compliance.
(1) No lot shall be occupied by more than one permitted principal building, but in the case of public, institutional, industrial, condominium or commercial buildings, a group of principal buildings under the same ownership may be considered as occupying the same lot if in the opinion of the Village Board such buildings and uses are compatible. [Amended 12-13-2007 by Ord. No. 10.07]
(2) No building or structure shall be erected, reconstructed, structurally altered, enlarged or moved, nor shall any building, structure or land be designed or designated, for any use other than the uses permitted in the district in which such building, structure or land is located.
(3) The provisions of this chapter shall not prohibit the erection of a single-family dwelling and customary accessory uses in any district in which single-family dwellings are so permitted on a lot which is smaller than required, provided such lot is separately recorded by deed in the office of the Register of Deeds prior to January 28, 1998, and provided further that the owner of any such lot did not own sufficient adjoining land at the effective date of the adoption of this chapter to conform thereto. All structures erected on such lot must be designed and erected in conformance with the provisions of this chapter.
- Reduction of joint use. No lot area shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met. However, where existing lots do not satisfy such requirements when reduced, the Board of Appeals may grant a variance.
- Modification.
(1) No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.
(2) Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the projection of sills, cornices and ornamental features which shall not exceed 24 inches, except that in commercial areas a permanent awning and its accessory columns or struts may project not more than five feet into a required front or side yard. Fire escapes may project in a yard area not more than five feet.
(3) Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, hospitals, smoke stacks, storage tanks, water towers, ornamental towers, masts or aerials and necessary mechanical appurtenances are exempted from the height regulations of this chapter but are subject to other regulations or ordinances of the Village of Holmen.
(4) A ten-foot vision triangle shall be defined at each quadrant of street or alley intersections. No driveways, parked vehicles or objects at a height more than two feet above the highest adjacent top of curb elevation will be permitted within this area. In cases where no curb and gutter exists, objects shall be limited to a height of no more than 2 1/2 feet above the adjacent edge of pavement. The vision triangle shall be established by measuring a distance of 10 feet in both directions from the corner point along the right-of-way lines and connecting those two measured points with a straight line. [Amended 7-13-2006 by Ord. No. 7.06; 1-10-2013 by Ord. No. 2-2013]
(5) In required yards, streets or other areas in all residential districts the overnight parking or storage of machinery, buses carrying greater than 16 passengers, unlicensed or junked automobiles or vehicles used for garbage collection or hauling livestock is prohibited.
(6) The construction of an accessory building shall not precede the construction of a principal building in all residential districts.
- Swimming pools. [Amended 1-12-2006 by Ord. No. 8.05]
(1) A swimming pool, for the purposes of this section, is a body of water or an outdoor structure containing a body of water in a receptacle or other container (including hot tubs, landscape pools, ponds or water features) having a depth for water at any point greater than 1 1/2 feet located above or below the ground surface elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semipermanent structure on the land. The term 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.
(2) Location.
(a) Swimming pools constructed in all residential districts shall be located on the same lot as and in either the rear or the side yard of a principal building; however, they shall not be constructed in any front yard or in a required setback area of a corner lot. Swimming pools either open or enclosed shall be considered the same as accessory buildings for purposes of calculating the maximum area they may occupy in a required rear yard.
(b) Swimming pools constructed in the B-1, B-2 or B-3 Business District shall not occupy any portion of a required front, side or rear yard setback area; however, they may be located in yard areas other than such required yards. [Amended 8-11-2011 by Ord. No. 3.11]
(3) Exempt pools. Storable swimming or wading pools which are constructed so that they may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section. Landscape water features that are less than 15 feet in any dimension and are less than 1 1/2 feet deep are exempt from the provisions of this section.
(4) Permit required. Before work is commenced on the construction or erection of swimming pools 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. The required building permit fee pursuant to the Village Building Code shall accompany such application. Hot tubs and landscape water features that are less than 15 feet in any dimension and are less than 1 1/2 feet deep are exempt from the permit requirement.
(5) 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 of a swimming pool as provided for in Subsection G(1), above, unless the following construction requirements are observed:
(a) Approved materials. 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 code and with any and all ordinances of the Village now in effect or hereafter enacted.
(b) Plumbing. All plumbing work shall be in accordance with all applicable ordinances of the Village and all state codes. Every swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such discharge shall be subject to prior approval by the Director of Public Works.
(c) Electrical installations. 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 conformance with the state laws and Village ordinances regulating electrical installations.
(6) Setbacks and other requirements.
(a) No portion of a swimming pool, decking or pool equipment located outside a building shall be erected or constructed in any front yard or in a required setback area of a corner lot. 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.
(b) All swimming pools, landscape features, decking and pool equipment shall be at least six feet from any lot line or accessory building.
(7) Enclosure.
(a) Fence; in-ground pools. All outdoor, in-ground swimming pools shall have a fence or other solid structure not less than four feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three inches square. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.
(b) Aboveground pools; pool wall barrier.
[1] An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool. Such walls shall extend not less than four feet above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool. All gates or doors opening through the barrier shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when 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 a minimum of four feet high on the top. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use. [3] The pool enclosure may be omitted where hot tubs are secured with a lockable cover.(8) Compliance. All swimming pools existing at the time of passage of this chapter not satisfactorily enclosed shall comply with the enclosure requirements of this section or when water is placed in the pool. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.
(9) Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Director of Public Works.
(10)Filter system required. All private swimming pools within the meaning of this chapter, must have, in connection therewith, some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
(11)Dirt bottoms prohibited. All swimming pools of a permanent or semipermanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.
- Fences and hedges. [Amended 5-9-2002 by Ord. No. 2.02; 6-12-2003 by Ord. No. 3.03; 11-9-2006 by Ord. No. 9.06; 5-9-2013 by Ord. No. 5-2013]
(1) Fences defined. For the purpose of this subsection, a “fence” is herein defined as a barrier consisting of vegetation, wood, stone, vinyl, brick, fieldstone, wrought iron, or metal intended to prevent ingress or egress. For the purposes of this subsection, the term “fence” shall include plantings, such as hedges and shrubbery in the front yard. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
(a) Fences to be situated in side and/or rear yards shall be constructed using materials suitable for residential-style fencing, including, but not limited to, brick, fieldstone, wrought iron, vinyl, chain link (with a minimum thickness of nine gauge and a required top rail support), stockade or board-on-board wood.
(b) No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items. Materials not specifically manufactured for fencing, such as, but not limited to, railroad ties, doors, landscape timbers or utility poles, shall not be used for or in the construction of a fence.
(c) Agricultural/farm fences shall only be permitted in agriculturally zoned or used districts and can only exceed six feet with a conditional use permit.
(d) Fences associated with baseball and/or softball fields and surrounding tennis courts may be erected in conformance with accepted industry standards. A fence permit shall be required for such installation.
(2) Fences categorized. Fences shall be categorized into six classifications:
(a) Boundary fence: a fence placed on or within three feet of the property lines of adjacent properties.
(b) Protective fence: a fence constructed to enclose a hazard to the public health, safety and welfare.
(c) Architectural or aesthetic fence: a fence constructed to enhance the appearance of the structure or the landscape.
(d) Hedge: a row of bushes or small trees planted close together which may form a barrier, enclosure or boundary in the front yard.
(e) 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.
(f) Dog kennel fence: A chain-link enclosure which is enclosed on three or four sides in the side or rear yard of a property.
(3) Height and setback of fences regulated.
(a) Residential fences are permitted up to the property lines in residential districts but shall not, in any case, exceed a height of six feet in the rear and side yards, shall not exceed four feet in height in the front yard, shall not exceed four feet in height from grade in the front, side, or rear yard setback abutting a public sidewalk, shall not encroach into any vision corner and shall not be closer than three feet to any public right-of-way along a public alley. The height of any fence shall be measured as an average and shall not include the posts or pillars to which a fence is attached.
[1] Decorative wrought iron, brick, stone, PVC or painted picket-style fences less than 48 inches (average) in height from grade or decorative lot corner landscape may be placed up to the property line in residential districts and shall not violate vision corner ordinances. [2] Chain-link and unpainted/unstained fencing is not permitted in residential front, side or rear yards abutting a public sidewalk. [3] A fence located in an interior side yard between dwellings shall not exceed four feet in height. However, a fence may be erected to a height of six feet if the entire fence is constructed of wrought iron or similar open construction or if the area above four feet is at least fifty-percent open. An example of the latter is a fence that is opaque to a height of four feet and is topped with not more than two feet of lattice. Any interior side yard fence may be erected to a height of six feet if it is located more than 10 feet from the side wall of the adjacent neighboring dwelling. [4] A fence located in a rear yard abutting a public sidewalk may be erected to a height of six feet if the entire fence is constructed of wrought iron or similar open construction or if the area above four feet is at least fifty-percent open. An example of the latter is a fence that is opaque to a height of four feet and is topped with not more than two feet of lattice. [5] All fences must be constructed and maintained in a good state of repair and appearance. The finished side or decorative side of a fence shall face adjoining property.(b) No fence, wall, hedge, or shrubbery shall be erected, placed, maintained or grown along a lot line on any nonresidentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.
(c) Property owners shall locate fences no closer than three feet from the property line so that each side of the fence may be properly maintained by the owner of the fence while on said owner’s property, unless an affidavit in recordable form is provided signed by the adjacent property owner agreeing to maintain the opposite side of the fence or agreeing to permit the owner of the fence to maintain said fence. This requirement can be waived if a maintenance-free fence is installed.
(d) In the case of a proposed fence installation within three feet of a lot line where no record of a fence existed, a survey prepared by a registered land surveyor or professional engineer is required to obtain a fence permit. No survey is required if a recordable affidavit signed by all affected property owners establishing an agreed-upon lot line.
(4) Fences on nonresidential property. Fences are permitted on the property lines, following approval through site plan and architectural review per Article XVI of the Village Code,[1] in all commercial and industrial zoning districts but in no case shall not exceed a maximum of eight feet in height in commercial zoning districts and 10 feet in height in industrial districts. Ultimately, all fence materials, heights and locations shall be determined through the processes outlined in Article XVI.
(5) Prohibited fences. No fence shall be constructed which is in a dangerous condition or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used exclusively in industrially zoned areas with a conditional use permit, only if the devices securing the barbed wire to the fence are no more than 10 feet above grade and project toward the fenced property and away from public area.
(a) No person shall construct or install:
[1] Any wire or chain-link-type fence with the cut or salvage end of the fence exposed at the top. [2] A fence which creates a hazard to users of the street or sidewalk or to nearby property. [3] An incomplete fence, consisting only of posts and supporting members. [4] A fence on a vacant lot or parcel.(6) 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.
(7) Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fence shall comply with the setback requirements set forth in this subsection. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days or, in the case of a construction project, shall only be for the duration of said construction project.
(8) Nonconforming fences and hedges. Any fence or hedge existing on the effective date of this Code of Ordinances shall not be modified, enlarged, extended or replaced, except in strict compliance with all of the requirements of this subsection. The replacement of a nonconforming fence as to height, setbacks (vision corner requirements shall still be met), or fence material type may be made, provided that the fence material be the same or higher grade as outlined below:
| Ascending Order of Fence Types | ||
| 1 | Chain link | |
| 2 | Chain link with PVC coating | |
| 3 | Stained treated wood | |
| 4 | Cedar | |
| 5 | Vinyl | |
| 6 | Wrought iron or aluminum | |
| 7 | Fieldstone or brick (does not include split-face block) | |
(9) Fences required under conditional use permits. An opaque fence of six feet in height may be required on property for which a conditional use permit is granted in those cases in which such a fence is determined to be beneficial to the health, safety, or welfare of the public or adjoining property owners. Such fence shall comply with material requirements as specified hereunder.
(10)Permit required. A Village of Holmen fence permit is required for any newly installed fence or for a total fence replacement. A fence permit fee shall be paid at the rate established in the annual Fee Schedule. Commercial, industrial or multifamily fences must adhere to Article XVI of the Village Code.[2]
(11)Vision clearance. No fence, structure, post, pillar or object of natural growth shall hereafter be maintained or allowed to grow higher in the vision clearance area than 36 inches above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists. This provision shall likewise apply to alley vision clearance areas.
(a) The requirement of vision clearance shall not apply at a height of six feet or more above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists.
(b) Objects of narrow width, which do not exceed 10 inches in diameter, which do not impair corner vision, may at the discretion of the Inspection Department be permitted in the vision clearance area.
(c) Right-of-way. All permanent fences shall be located outside the public right-of-way.
(d) Public nuisance. Obstruction to visual clearance, as regulated by this subsection, shall be deemed to be a public nuisance, and the Inspection Department, Police Department and Village Attorney are authorized to abate said nuisance and to enforce penalties in accordance with § 195-53 of the Village Code.
(12)Obstruction of ingress/egress area of a dwelling. No fence shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of six feet shall be maintained between any solid fence and any such window or opening in a dwelling.
(a) The Fire Department and Inspection Department may approve a fence adjacent to a required ingress/egress opening of a dwelling between four feet and six feet if the fence has one of the following features:
[1] For basement ingress/egress openings, the fence opening or gate shall be the width of the ingress/egress opening or four feet, whichever is greater, with no ability to lock or secure said gate, or a four-foot-wide approved breakaway fence panel and the area on both sides of the gate/fence shall continuously be free from all obstruction, including vegetation and snow and ice buildup, and shall swing or break away in the direction of egress. [2] For ingress/egress opening above grade, the fence opening or gate shall be the width of the ingress/egress opening or four feet, whichever is greater, with no ability to lock or secure said gate, or a four-foot-wide approved breakaway fence panel, or the top of the fence shall be no taller than the bottom of the sill of the ingress/egress opening, and the area on both sides of the gate/fence shall continuously be free from all obstructions, including vegetation and snow and ice buildup, and shall swing or break away in the direction of egress.(13)Fences permitted without a permit. The following types of fences are permitted, as specified, without a permit, subject to the following restrictions and providing that said fence does not in any way interfere with traffic visibility or block, redirect or cause a drainage problem for the adjacent or downstream properties:
(a) Snow fencing shall be permitted in all districts not exceeding three feet in height, provided that it is removed between April 1 and December 1 of each year. No snow fence shall extend into the street right-of-way line unless installed by the Village or a contractor having a permit from the Village.
(b) Agricultural/farm fences are limited to agriculturally zoned or used districts. An agricultural/farm fence is a fence consisting of chicken wire, deer fence, hog wire, high tensile, wire strand and barbed wire used in the agricultural, farming and livestock business, specifically for livestock, animal, and bird control.
(c) Fences not exceeding two feet in height shall be permitted in all districts. Such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.
(d) Underground electrical fences are permitted in all districts.
(14)Penalties. Any person, firm or corporation who or which violates, disobeys, neglects, omits or refuses to comply with or who or which resists the enforcement of any of the provisions of this subsection shall be subject to penalties per § 195-53 of the Village Code.
- Junk and salvage yards.
(1) License required. No person shall use any building or premises for the buying, selling, gathering, delivery, shipping, storing or salvaging of old iron, bottles, paper, rags, farm machinery, vehicles or other materials commonly included in the term “junk” without obtaining a license for the operation of a junk and salvage yard. Outside storage of one or more unlicensed vehicles on the same premises shall be prima facie evidence of the operation of a junk or salvage yard.
(2) Application. Application for a license hereunder shall be made in writing to the Zoning Officer stating: [Amended 10-12-2000 by Ord. No. 1.00]
(a) The location and description of the premises to be licensed.
(b) The nature of the business to be conducted on the premises.
(c) The type of construction of any building to be used in connection with the business.
(d) The applicant’s name and address and, if a partnership or corporation, the names and addresses of all officers thereof.
(3) Fee; term. The fee for a license issued hereunder shall be $125 per year. Licenses shall expire 12 months after issuance but may be renewed by the governing body if it is satisfied that the license and the premises comply with this section.
(4) Hearing. The Zoning Officer shall refer an application for a license hereunder to the Village Board, which shall conduct a hearing on such application within a reasonable time, notice of which shall be given by publication and by posting at least once during the 10 days preceding the hearing. If the Village Board is satisfied from the evidence produced at the hearing that the applicant is able to conduct the business and the premises is suitable therefor, the Village Board shall authorize issuance of the license. [Amended 10-12-2000 by Ord. No. 1.00]
(5) Location. No junk or salvage yard shall be located within 500 feet of any residence, other than the residence of the owner of the premises, or any residential or business district or 150 feet of a lake, river or stream. No junk or salvage operations shall be carried on within 25 feet of any street right-of-way.
- Corner lots. The side yard next to the street of a corner lot shall conform to the front yard requirements of the district in which said corner lot is located.
- Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
- Detached energy systems. In addition to the restrictions set forth for fire prevention, no person shall place any detached energy system, including wood or other solid fuel burners or liquid burners, boilers, or furnaces within 200 feet of an abutting residential district lot line. Detached energy systems must also address emissions with a minimum chimney height of 20 feet above grade and must comply with Chapters NR 406 (Construction Permits), 415 (Control of Particulate Emissions) and 431 (Control of Visible Emissions) of the Wisconsin Administrative Code. [Added 9-12-2002 by Ord. No. 6.02]
ARTICLE II
Terminology
§ 195-9. Word usage and definitions.
For the purpose of this chapter, certain words and terms are defined as listed below. Also, words used in the present tense include the future; the singular number includes the plural number and the plural number includes the singular number; the word “building” includes the word “structure”; and the word “shall” is mandatory and not directory. Any words not herein defined shall be construed as defined in the state and Village building codes.
ACCESSORY BUILDING OR STRUCTURE — A building or portion of a building subordinate to the main building or structure and used for a purpose customarily incidental to the permitted use of the main building or structure or the use of the premises, including but not limited to garages, prefabricated metal buildings for storage, carports, greenhouses, screened enclosures, swimming pools, bathhouse and filter equipment sheds, playhouses, gazebos, satellite dish antennas and open storage. The total of all accessory buildings shall not occupy more than 1,000 square feet in all residential districts. In all other zoning districts, accessory buildings shall not occupy more than 60% of the total lot area or as approved by the Zoning Administrator. Any accessory building projected forward of the rear building line of the principal building shall satisfy the same front and side yard requirements as the principal building. [Amended 7-13-2006 by Ord. No. 7.06]
ADULT ENTERTAINMENT USE — An establishment consisting of, including or having the characteristics of any or all of the following:
- ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
- ADULT CABARET:
(1) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
(2) A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.
- ADULT MINI MOTION PICTURE THEATER — An enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
- ADULT MOTION PICTURE THEATER — An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ALLEY — A street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.
BED-AND-BREAKFAST — Any place of lodging that provides four or fewer rooms for more than 10 nights in a twelve-month period, is the owner’s personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.
BUILDING — Any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building. A carport shall be considered a building.
BUILDING HEIGHT — The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.
CAMPGROUND — A privately or municipally owned parcel or tract of land maintained, intended or used for the purpose of supplying temporary or overnight living accommodations to the public by providing designated areas for the placement of trailers, tents, buses, automobiles or sleeping bags, and may include structures to provide services to the patrons, such as rest rooms and bathing and laundry facilities.
DECK — An uncovered exterior structure designed or intended for outdoor living space. A deck or landing of five feet by five feet or smaller does not require a permit. Decks shall have a minimum of 15 feet rear yard setback in all residential districts. [Amended 7-13-2006 by Ord. No. 7.06]
DETACHED ENERGY SYSTEMS — A freestanding unit situated outside the envelope of the structure to be heated, typically consisting of a closed combustion chamber for the purpose of heating water or air for heating. [Added 9-12-2002 by Ord. No. 6.02]
DWELLING DESIGN AND CONSTRUCTION — Dwellings as defined and permitted by this chapter shall conform to the following. A dwelling shall:
- Be attached to a permanent foundation meeting the requirements of applicable building code provisions in such manner as to comply with standards for vertical loading, uplift and lateral forces and be so designed and constructed that the floor elevation is reasonably compatible with other dwellings in the area.
- Have a first story minimum area of 800 square feet and be not less than 20 feet in its smallest horizontal dimension, exclusive of an attached garage, carport or open deck.
- Have any wheels, axles, hitches, tow bars and other equipment for transporting on streets or highways removed when the structure is placed on the foundation.
- Have a double pitched roof having a minimum of three inches of vertical rise per foot of horizontal run.
- Have roof overhang of one foot minimum measured from the vertical sides of the structure.
- Have roofing material of a type customarily found on conventionally constructed dwellings, including wood shakes or shingles, asphalt composition shingles and fiberglass composition shingles, but not corrugated metal or corrugated fiberglass.
- Have exterior siding of a type customarily found on conventionally constructed dwellings, including wood clapboards, simulated clapboards such as vinyl, metal or masonite-type siding, wood shakes, wood shingles, brick, stone or other masonry-type siding and wood shakes, wood shingles, brick, stone or other masonry-type veneer materials, but not smooth, ribbed or corrugated metal or plastic panels except when part of solar collector systems.
- Have a one-car garage with paved driveway.
DWELLING, MULTIPLE-FAMILY — A building designed for and occupied by more than two families, equating to more than two family dwelling units per lot, including attached (no physical or no legal separation) side-by-side dwellings and apartment houses. [Amended 8-11-2011 by Ord. No. 3.11; 7-9-2021 by Ord. No. 5-2021]
DWELLING, ONE-FAMILY — A building either physically detached or legally detached via lot lines or other legal means, designed for and occupied exclusively by one family, equating to no more than one single-family dwelling unit per lot. [Amended 8-11-2011 by Ord. No. 3.11; 7-9-2021 by Ord. No. 5-2021]
DWELLING, TWO-FAMILY — A building designed for and occupied exclusively by two families, equating to two family dwelling units per lot. [Amended 8-11-2011 by Ord. No. 3.11; 7-9-2021 by Ord. No. 5-2021]
EXTENDED-STAY HOTEL — A hotel designed for guests staying for periods of time longer than a few nights and tending to have a higher proportion of suites than normal hotels. [Added 8-12-2010 by Ord. No. 2.10]
FAMILY — A person living alone, or two or more persons living together in a domestic relationship based upon birth, marriage or other domestic bond, in a dwelling unit.
FARMING — The raising of crops and keeping of farm animals, including but not limited to cattle, fowl, rabbits, sheep, goats and horses.
FEEDLOT — Any livestock feeding or housing area or structure in which the concentration of animals is such that a vegetative cover is not maintained during the summer.
FENCE — Any barrier constructed of wood, wire, metal, stone, vinyl, plastic, shrubbery or a combination thereof, excluding single-stranded fences. [Amended 5-9-2002 by Ord. No. 2.02; 6-12-2003 by Ord. No. 3.03]
FLAGPOLES — Flagpoles are allowed in the front yard setbacks, but shall not exceed the maximum height for accessory buildings within that district and shall not be placed in a vision triangle. [Added 5-9-2002 by Ord. No. 2.02]
FRONTAGE — All the property abutting a public road or street.
GARAGE, PRIVATE — An accessory building in residential areas for the storage of motor-driven vehicles.
GARAGE, PUBLIC — Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, painted, serviced, hired, sold or stored.
GREEN SPACE — Any portion of a parcel other than structures and pavement, if planted with grass, plants, shrubs, or trees. [Added 8-11-2011 by Ord. No. 3.11]
HOME OCCUPATION — A gainful occupation conducted by members of the family only within their place of residence, provided that:
- The area used does not exceed 25% of the total floor area, excluding attached garage;
- No article or service is sold or offered for sale on the premises except such as is produced by such occupation;
- No materials used in or produced by said occupation are displayed or stored outside;
- No stock-in-trade is kept or sold;
- No mechanical equipment is used other than such as is permissible for purely domestic purposes;
- The volume of vehicular or pedestrian traffic or parking shall not result in congestion or be abnormal for a residential neighborhood;
- No sign other than one unlighted nameplate not more than three square feet is installed; [Amended 10-12-2000 by Ord. No. 1.00]
- No structural alterations that are not customarily part of the dwelling unit are needed; and
- No person other than a member of the immediate family living on the premises is employed.
- No vehicles or equipment, except those owned by the occupants, shall be repaired or maintained at the place of the residence or in any public street. [Added 5-9-2002 by Ord. No. 2.02]
HOTEL — A building where rooms, with or without meals, are supplied to transient public, or to anyone who may apply, for compensation.
JUNK OR SALVAGE YARD — An area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards but not including the purchase or storage of used furniture or household equipment or used cars in operable condition.
KENNEL — The use of land with related buildings and structures for the breeding, rearing, boarding or training of more than four dogs and/or cats over five months of age.
LIVESTOCK UNIT — One thousand five hundred pounds of live animal weight. Animals include but are not limited to cattle, horses, pigs, sheep and buffalo.
LOT — A parcel of land having frontage or legal access to 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.
LOT, CORNER — A lot abutting on two or more streets at their intersection.
LOT, DEPTH OF — The mean horizontal distance between the front and rear lot lines.
LOT LINES — The lines bounding a lot as defined herein.
LOT, THROUGH — An interior lot having frontage on two nonintersecting streets.
LOT WIDTH — The width of a parcel of land measured at the rear of the specified setback lines.
MANUFACTURED DWELLING — A dwelling structure or component thereof as is defined in the Wisconsin Administrative Code, One- and Two-Family Uniform Dwelling Code Section 20.07(52), which bears the Wisconsin Department of Commerce insignia certifying that it has been inspected and found to be in compliance with Subchapter V of said Uniform Dwelling Code. [Amended 10-12-2000 by Ord. No. 1.00]
MANUFACTURED HOME — A dwelling structure or component thereof fabricated in an off-site manufacturing facility for installation or assembly at the building site bearing a HUD label or insignia certifying that it is built in compliance with federal manufactured housing construction standards. (Reference 42 U.S.C. § 5401.)
MOBILE COACH — A transportable single-family dwelling unit which is or may be mounted on wheels, suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing and which was manufactured after June 15, 1976, according to HUD standards.
MOBILE HOME — A transportable factory-built structure designed for long-term occupancy built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
MOBILE HOME LOT — A parcel of land in a mobile home park of not less than 5,000 square feet and designed for the placement of one mobile home.
MOBILE HOME PARK — Any park, court, plot, parcel or tract of land of at least five acres in size owned by a person, state government or a local government and which is designed, maintained, intended or used for the purpose of accommodating more than one mobile home, mobile coach or manufactured home, and shall include all buildings used or intended for use in conjunction therewith. Mobile home parks are intended to be used to protect property owners’ values. However, mobile home parks shall not include automobile, motor home or mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale. Also excluded are farms where the occupants of the mobile homes work on the farm or are related to the farm owner or operator as father, mother, son, daughter, brother or sister.
MOTEL — A series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.
NONCONFORMING STRUCTURE — Any structure lawfully used, occupied or erected at the time of the effective date of this chapter or amendments thereto which structurally does not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall be considered a nonconforming structure and not a nonconforming use.
NONCONFORMING USE — A building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereto which use or occupancy does not conform to the regulations of this chapter or amendments thereto.
OCCUPANCY — The residing of an individual or individuals overnight in a dwelling unit or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.
OCCUPANT — The individual or individuals in actual possession of a premises.
PARKING AREA — An area other than a street used for the temporary parking of motor vehicles.
PRINCIPAL USE OR BUILDING — The main use of the land or building(s) as distinguished from an incidental and subordinate accessory use of land or building(s).
PROFESSIONAL OFFICE — The office of a doctor, surveyor, planner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or a member of a recognized profession. When established in a residential district, a professional office shall be incidental to the residential occupation and not more than 25% of the floor area excluding the garage; only one story of a dwelling unit shall be occupied by such office; only one nonresident person shall be employed; and only one unlighted nameplate, not exceeding three square feet in area, containing the name and profession of the occupant of the premises shall be exhibited. [Amended 10-12-2000 by Ord. No. 1.00]
PUBLIC AND SEMIPUBLIC USES — Governmental and cultural uses, such as administrative offices, fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums, public, private and parochial preschool, elementary and secondary schools and churches, cemeteries, private clubs and lodges and public storage garages.
RECREATIONAL VEHICLE — A vehicular unit designed as temporary living quarters for recreational, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper or motor home.
SETBACK — The minimum horizontal distance between the lot line and the nearest point of the building or structure foundation, excluding uncovered steps. A cantilever of windows, fireplaces or similar structures are allowed but shall not extend horizontally greater than two feet from the foundation and shall not exceed 25% of the building wall. [Amended 5-9-2002 by Ord. No. 2.02]
SETBACK LINES — Lines established along highways and streets at specified distances from the right-of-way line, which buildings or structures shall be set back of, or outside of, and within which they may not be placed except as hereinafter provided. “Within” the setback line means between the setback lines and the highway or street.
SIGN — See Article XII, Signs, Awnings, Canopies and Billboards, § 195-33. [Amended 10-12-2000 by Ord. No. 1.00]
STORY — That portion of a building included between the surface of a floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having 1/2 or more of its height above grade shall be deemed a story, although for purposes of height regulation, building height shall be measured from the base of the first fully exposed floor. [Amended 7-9-2021 by Ord. No. 5-2021]
STORY, HALF — The space under any roof except a flat roof which, if occupied for residential purposes, shall be counted as a full story.
STREET — All property dedicated or intended for public street purposes.
STREET LINE — A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONS — Any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.
STRUCTURE — Anything constructed or erected which is not readily or usually relocated and moved, the use of which requires a permanent location on the ground, or attached to something having a permanent location on the ground.
SWIMMING POOL — A body of water or an outdoor structure containing a body of water in a receptacle or other container (including hot tubs, landscape pools, ponds or water features) having a depth for water at any point greater than 1 1/2 feet located above or below the ground surface elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semipermanent structure on the land. The term 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. [Amended 1-12-2006 by Ord. No. 8.05]
TEMPORARY STRUCTURE — A movable structure not designed for human occupancy nor for the protection of goods or chattels and forming an enclosure.
TRAFFIC LANE — A strip of roadway intended to accommodate a single line of moving vehicles.
YARD — An open space on the same lot with or without a structure, unoccupied and unobstructed from the ground upward except for vegetation and as otherwise provided herein. The front and rear yards extend the full width of the lot. [Amended 10-12-2000 by Ord. No. 1.00]
YARD, FRONT — A yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps. Front yard setback requirements shall be imposed on all street frontages, such as on corner lots. On a corner lot situation, when determining the chosen rear yard, the front yard will be the yard with the chosen street address. [Amended 7-9-2021 by Ord. No. 5-2021]
YARD, REAR — A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building, excluding uncovered steps.
YARD, REQUIRED REAR — See “yard, rear.” [Added 7-13-2006 by Ord. No. 7.06]
YARD, SIDE — A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and side lot line. Front yard setback requirements shall be imposed on all street frontages, such as on corner lots. [Amended 7-9-2021 by Ord. No. 5-2021]
ARTICLE III
Residential Districts
§ 195-10. R-1 New Single-Family Residential District.
- Purpose. The R-1 District is intended to provide for single-family residential land uses in newer urban areas served by public sewers. The district is also intended to protect the integrity of residential areas by prohibiting the incursion of incompatible nonresidential uses and is for the exclusive location of single-family dwellings.
- Permitted uses. The following uses are permitted within an R-1 District:
(1) Single-family dwellings;
(2) Accessory buildings and impervious surfaces or areas that shall not exceed an area of more than 30% of the required rear yard. Accessory buildings are not permitted within the front/street yard setback (fronting any street yard from the principal building); and [Amended 11-10-2022 by Ord. No. 6-2022]
(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business, such as any commercial, agricultural, industrial or business-related activity or storage that invokes unsightly outdoor storage areas, transient employees, parking impacts, signage impacts, noise impacts or any impacts that would otherwise disturb the residential character of the Residential Zoning District. [Amended 11-10-2022 by Ord. No. 6-2022]
- Requirements. In order to be considered a conforming lot or structure within an R-1 District, a lot or structure must:
(1) Have a minimum lot size of 9,000 square feet and a minimum lot width of 80 feet;
(2) Have a front/street yard setback of 25 feet, a rear yard setback of 25 feet and a side yard setback of 10 feet; [Amended 11-10-2022 by Ord. No. 6-2022]
(3) Have a minimum living area of 900 square feet in the principal building;
(4) Not exceed a maximum principal building height of 35 feet; and
(5) Have an accessory building side yard setback of five feet, a rear yard setback of five feet and a maximum accessory building height not to exceed 15 feet. [Amended 11-10-2022 by Ord. No. 6-2022]
- Design requirements. In order to be considered a conforming lot or structure within an R-1 District, a lot or structure must comply as follows: [Added 11-10-2022 by Ord. No. 6-2022[3]]
(1) The principal building’s dwelling (living) space shall front, access and be addressed off the public street;
(2) The square footage of the attached garage space shall never exceed the square footage of the principal building’s dwelling (living) area and shall always be secondary to the principal building’s dwelling (living) space;
(3) Any impervious surface or area shall have a minimum setback from any neighboring lot line of five feet;
(4) With the exception of driveways and sidewalks specifically approved for street access, the front/street yard setback area shall exist as a green space yard;
(5) Open space yard areas shall exist as green space and must be planted with grass species and maintained in accordance with the Village Code; and
(6) The exterior of the principal building shall never be constructed with excessively bright, distracting or fluorescent-like colors or with materials such as sheet metal or other nondecorative products.
- Conditional uses. The following uses shall be considered conditional uses within an R-1 District:
(1) Churches, municipal buildings and public and parochial schools; and
(2) Public parks and playgrounds.[4]
§ 195-11. R-2 New Single-Family Residential District.
- Purpose. The R-2 District is intended to provide for single-family dwellings in newer urban areas on larger lots. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences.
- Permitted uses. The following uses are permitted within an R-2 District:
(1) Single-family dwellings;
(2) Accessory buildings not exceeding an area of more than 30% of the required rear yard; and
(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.
- Requirements. In order to be considered a conforming lot or structure within an R-2 District, a lot or structure must:
(1) Have a minimum lot size of 14,000 square feet and a minimum lot width of 90 feet;
(2) Have a front yard setback of 30 feet, a rear yard setback of 50 feet and a side yard setback of 10 feet;
(3) Have a minimum living area of 900 square feet in the principal building;
(4) Not exceed a maximum principal building height of 35 feet; and
(5) Have an accessory building side yard setback of three feet and rear yard setback of three feet and not exceed a maximum accessory building height of 15 feet.
- Conditional uses. The following uses shall be considered conditional uses within an R-2 District:
(1) Public parks and playgrounds.
§ 195-12. R-3 Existing Single-Family Mixed Residential District.
- Purpose. The R-3 District is intended to provide for single-family and two-family dwellings in a traditional neighborhood format. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences. [Amended 8-11-2011 by Ord. No. 3.11]
- Permitted uses. The following uses are permitted within an R-3 District:
(1) Single-family dwellings;
(2) Accessory buildings not exceeding an area of more than 30% of the required rear yard; and
(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.
- Requirements. In order to be considered a conforming lot or structure within an R-3 District, a lot or structure must:
(1) Have a minimum lot size of 6,000 square feet per family and a minimum lot width of 50 feet;
(2) Have a front yard setback of 15 feet (25 feet if platted after 2020), a rear yard setback of 30 feet (25 feet if platted after 2020) and a side yard setback of six feet; [Amended 5-13-2021 by Ord. No. 3-2021]
(3) Have a minimum living area of 900 square feet in the principal building;
(4) Not exceed a maximum principal building height of 35 feet; and
(5) Have an accessory building side yard setback of three feet, rear yard setback of three feet and a maximum accessory building height not to exceed 15 feet.
- Conditional uses. The following uses shall be considered conditional uses within an R-3 District:
(1) Two-family dwellings;
(2) Bed-and-breakfast services;
(3) Residential storage buildings not involving the conduct of a business;
(4) Churches, municipal buildings and public and parochial schools;
(5) Public parks and playgrounds; and
(6) Day-care centers.
§ 195-13. R-4 Two-Family Residential District.
- Purpose. The R-4 District is intended to provide for two-family dwellings served by public sewer. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences.
- Permitted uses. The following uses are permitted within an R-4 District:
(1) Two-family dwellings;
(2) Accessory buildings not exceeding an area of more than 30% of the required rear yard;
(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business; and
(4) Two-family dwellings that are later split into two, single-family residential units, attached to each other with zero lot line setback on one side in accordance with the R-6 Residential Zoning District. [Added 2-14-2013 by Ord. No. 3-2013]
- Requirements. In order to be considered a conforming lot or structure within an R-4 District, a lot or structure must:
(1) Have a minimum lot size of 12,000 square feet and a minimum lot width of 100 feet;
(2) Have a front yard setback of 25 feet, a rear yard setback of 25 feet and a side yard setback of 10 feet; [Amended 8-9-2007 by Ord. No. 7.07]
(3) Have a minimum living area of 1,800 square feet in the principal building;
(4) Not exceed a maximum principal building height of 35 feet; and
(5) Have an accessory building side yard setback of three feet and rear yard setback of three feet and not exceed a maximum accessory building height of 15 feet.
- Conditional uses. The following uses shall be considered conditional uses within an R-4 District:
(1) Churches and public and parochial schools;
(2) Public parks and playgrounds; and
(3) Day-care centers.
§ 195-14. R-5 Multiple-Family Residential District.
- Purpose. The R-5 District is intended to provide appropriate areas for multifamily land uses only in urban areas served by public sewers. The district is also intended to provide rental housing in an area protected from traffic hazards.
- Permitted uses. The following uses are permitted within an R-5 District:
(1) Multifamily dwellings;
(2) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business; and
(3) Accessory buildings not exceeding an area of more than 30% of the required rear yard.
- Requirements. In order to be considered a conforming lot or structure within an R-5 District, a lot or structure must:
(1) Lot size. [Amended 10-29-2008 by Ord. No. 6.08]
(a) For structures two stories above ground or less, have a minimum lot size of 4,000 square feet per family unit up to and including four families and 2,500 square feet per family thereafter and a minimum lot width of 100 feet;
(b) For structures greater than two stories, have a minimum of 40% green space and a minimum lot width of 100 feet. Parking areas do not count toward the green space requirement;
(2) Have a front yard setback of 25 feet, a rear yard setback of 25 feet and a side yard setback of 15 feet; [Amended 8-11-2011 by Ord. No. 3.11]
(3) Not exceed a maximum principal building height of 45 feet; and
(4) Have an accessory building side yard setback of three feet and rear yard setback of three feet and not exceed a maximum accessory building height of 20 feet.
- Conditional uses. The following uses shall be considered conditional uses within an R-5 District:
(1) Charitable institutions, rest homes or nursing homes, private nonprofit clubs and lodges;
(2) Mobile home parks in accordance with mobile home requirements;
(3) Churches;
(4) Public parks and playgrounds;
(5) Single-family homes; and
(6) Recreational vehicle courts. [Amended 10-12-2000 by Ord. No. 1.00]
§ 195-15. R-6 Zero Lot Line Single-Family (Two-Family Appearance) Residential District. [Amended 5-9-2002 by Ord. No. 2.02; 8-9-2007 by Ord. No. 7.07; 8-11-2011 by Ord. No. 3.11; 7-9-2021 by Ord. No. 5-2021]
- Purpose. The R-6 District is intended to provide for two single-family residential units attached to each other with zero lot line setback on one side. They are to be built in newer urban areas served by public sewers. This will permit two single-family homes to be joined, but legally detached along a shared legal lot line, to give the appearance of a two-family dwelling. For that reason R-6 lots will always be approved in sets of two. The district is also intended to protect the integrity of residential areas by prohibiting the incursion of incompatible nonresidential uses and is for the exclusive location of single-family dwellings.
- Permitted uses. The following uses are permitted within an R-6 District:
(1) Single-family dwellings;
(2) Accessory buildings not exceeding an area of more than 30% of the required rear yard; and
(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.
- Requirements. In order to be considered a conforming lot or structure within an R-6 District, a lot or structure must:
(1) Have a minimum lot size of 6,000 square feet and a minimum lot width of 50 feet;
(2) Have a front yard setback of 25 feet, a rear yard setback of 25 feet and a side yard setback of 10 feet on the side not attached to an adjoining dwelling and zero feet on the side attached to an adjoining dwelling;
(3) Have a minimum living area of 900 square feet in the principal building;
(4) Not exceed a maximum principal building height of 35 feet; and
(5) Have an accessory building side yard setback of three feet, rear yard setback of three feet and a maximum accessory building height not to exceed 15 feet.
(6) Upon completion of the principal building, a copy of the recorded condominium plat or plat of survey and condominium agreement shall be filed with the Village Clerk.
- Conditional uses. The following uses shall be considered conditional uses within an R-6 District:
(1) Churches and public and parochial schools; and
(2) Public parks and playgrounds.
§ 195-15.1. R-7 Townhome Multiple-Family Residential District. [Added 2-9-2006 by Ord. No. 1.06; 8-9-2007 by Ord. No. 7.07; 10-29-2008 by Ord. No. 6.08; 8-11-2011 by Ord. No. 3.11]
- Purpose. The R-7 District is intended to provide for three or more side-by-side, owner-occupied, attached residential units. They are to be built in newer urban areas and/or as a transitional district between the less dense R-1 District and other higher density residential districts or other commercial and industrial districts. The District must be served by public utilities.
- Permitted uses. The following uses are permitted within the R-7 District:
(1) Multiple-family dwellings in a townhome format such that each unit has a private entrance facing the street;
(2) Accessory buildings not exceeding an area of more than 30% of the required rear yard or as allowed per deed restrictions or contractual agreement, whichever is most restrictive; and
(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.
- Requirements.
(1) In order to be considered a conforming lot or structure within an R-7 District, a lot or structure must:
(a) Lot size. There shall be provided a lot area of not less than 2,000 square feet and a lot width of not less than 20 feet per dwelling unit. Every dwelling unit, except end units, shall be as wide as the lot upon which it is located.
(b) Have a front yard setback of 15 feet, a rear yard setback of 25 feet and a side yard setback of 10 feet on the side not attached to an adjoining dwelling and zero feet on the side attached to an adjoining dwelling;
(c) Have adequate off-street parking available for a minimum of two vehicles per dwelling unit;
(d) Have a minimum living area of 900 square feet per dwelling;
(e) Not exceed a maximum principal building height of 35 feet; and
(f) Have an accessory building side yard setback of three feet and rear yard setback of three feet and not exceed a maximum accessory building height of 15 feet.
(2) Prior to construction of the principal building, a copy of the recorded condominium plat or plat of survey and condominium agreement shall be filed with the Village Clerk. The agreement shall address the proper preservation, care and maintenance by the original and any subsequent owners of the exterior design, including all common structures, facilities, utilities, access and open spaces and be enforceable by the Village. The agreement must specifically address the following items:
(a) Ensure owner-occupied status;
(b) Accountable resident members of condo association;
(c) Maintenance, monitoring and auditing of condo association escrow funds;
(d) Building maintenance code;
(e) Common area and grounds maintenance code; and
(f) On-site management.
- Conditional uses. The following shall be considered conditional uses within the R-7 District:
(1) Churches and public and parochial schools;
(2) Public parks and playgrounds;
(3) Single-family detached dwelling as defined under § 195-11 R-2 New Single-Family Residential District; and
(4) Two attached residential units as defined under § 195-15 R-6 Zero Lot Line Two-Family Residential District.
ARTICLE IV
Business Districts
§ 195-16. B-1 Downtown Business District.
- Purpose. The B-1 District is intended to provide an area for central business needs of the community and to create an area of specialized retail and service business.
- Permitted uses. The following uses are permitted within a B-1 District: [Amended 10-12-2000 by Ord. No. 1.00]
(1) Extended-stay hotels; [Added 8-12-2010 by Ord. No. 2.10]
(2) Appliance stores;
(3) Antique;
(4) Bakeries;
(5) Banks;
(6) Barber and beauty shops;
(7) Business offices;
(8) Butcher;
(9) Caterers;
(10)Churches;
(11)Clinics;
(12)Clothing stores and repair shops;
(13)Clubs;
(14)Cocktail lounges;
(15)Cold storage facilities;
(16)Day-care center;
(17)Doctor office;
(18)Drug stores;
(19)Electrical supply;
(20)Financial institutions;
(21)Florists;
(22)Food lockers;
(23)Funeral homes;
(24)Furniture stores;
(25)Furniture upholstery shops;
(26)Gas stations;
(27)Gift store;
(28)Grocery stores;
(29)Hardware stores;
(30)Heating supply;
(31)Hobby shops;
(32)Hotels;
(33)Home occupations;
(34)Laundromats and dry-cleaning establishments employing not over seven persons;
(35)Offices;
(36)Press rooms;
(37)Nightclubs;
(38)Office supplies;
(39)Optical offices;
(40)Pawnshops;
(41)Personal service establishments;
(42)Pet stores;
(43)Pet supply store;
(44)Places of entertainment;
(45)Photographic supplies;
(46)Plumbing supplies;
(47)Post office;
(48)Printing;
(49)Private clubs;
(50)Private schools;
(51)Professional, governmental and business offices;
(52)Publishing;
(53)Radio broadcasting studios;
(54)Residential dwelling units above the ground floor of buildings; [Amended 8-11-2011 by Ord. No. 3.11[5]]
(55)Restaurants;
(56)Secondhand stores;
(57)Self-service and pickup laundry and dry-cleaning establishments;
(58)Signs;
(59)Studios;
(60)Taverns;
(61)Variety stores and vegetable stores;
(62)Veterinary clinic;
(63)Video stores; and
(64)Other permitted uses.
- Requirements. In order to be considered a conforming lot or structure within a B-1 District, a lot or structure must:
(1) Have a minimum lot size of 4,000 square feet on sewered lots;
(2) Not exceed a maximum principal building height of 45 feet; and
(3) Have an accessory building side and rear yard setback of three feet and a maximum accessory building height of 25 feet.
- Conditional uses. The following uses shall be considered conditional uses within a B-1 District: [Amended 10-12-2000 by Ord. No. 1.00]
(1) Public and semipublic uses such as fire stations and emergency shelters;
(2) Modifications of parking requirements;
(3) Bed-and-breakfasts;
(4) Motels;
(5) Equipment repair, services, and sales; [Added 8-11-2011 by Ord. No. 3.11]
(6) Residential dwellings on the ground floor of buildings; [Added 8-11-2011 by Ord. No. 3.11[6]]
(7) Single residential units attached to or part of the business unit; and
(8) Telecommunications towers. [Added 5-9-2002 by Ord. No. 2.02]
- Outside storage. All business, servicing, serving, processing and storage areas shall be conducted within completely enclosed buildings (except for off-street parking and loading areas).
§ 195-17. B-2 General Business District. [Amended 10-12-2000 by Ord. No. 1.00; 5-9-2002 by Ord. No. 2.02; 7-12-2007 by Ord. No. 6.07; 8-11-2011 by Ord. No. 3.11]
- Purpose. The B-2 District is intended to provide an area for businesses oriented to highway traffic or requiring more space for operation.
- Permitted uses. The following uses are permitted within a B-2 District, insofar as such use is consistent with Site Plan and Architectural Review (SPAR) requirements, Design Overlay Districts and Village Comprehensive Plan requirements and all other ordinances relevant to such use: [Amended 7-14-2022 by Ord. No. 3-2022]
(1) Service stations;
(2) Drive-in restaurants;
(3) Hotels and motels;
(4) Banks with drive-through banking services;
(5) Auto sales [unless located in a Design Overlay (DO) District, then only as a conditional use, and only if such use and overall site design are in keeping with and operate in accordance with the vision of such DO District and the Village Comprehensive Plan];
(6) Convenience store;
(7) Mobile home and equipment sales and services [unless located in a Design Overlay (DO) District, then only as a conditional use, and only if such use and overall site design are in keeping with and operate in accordance with the vision of such DO District and the Village Comprehensive Plan];
(8) Animal hospitals and veterinary clinics;
(9) Marine sales and supplies [unless located in a Design Overlay (DO) District, then only as a conditional use, and only if such use and overall site design are in keeping with and operate in accordance with the vision of such DO District and the Village Comprehensive Plan];
(10)Theaters;
(11)Any use permitted in the B-1 District;
(12)Car washes;
(13)Cabinet factory;
(14)Laser products;
(15)Day-care facility; and
(16)Assisted-living or managed-care facility.
- Requirements. In order to be considered a conforming lot or structure within a B-2 District, a lot or structure must:
(1) Have a minimum lot size of 10,000 square feet and a minimum lot width of 80 feet;
(2) Have a front yard setback of 25 feet, a rear yard setback of 15 feet and a side yard setback of 10 feet;
(3) Not exceed a maximum principal building height of 45 feet; and
(4) Have an accessory building side and rear yard setback of three feet and a maximum accessory building height of 25 feet.
- Conditional uses. The following uses shall be considered conditional uses within a B-2 District [unless located in a Design Overlay (DO) District, then only as a conditional use, and only if such use and overall site design are in keeping with and operate in accordance with the vision of such DO District and the Village Comprehensive Plan]: [Amended 7-14-2022 by Ord. No. 3-2022]
(1) Truck stops;
(2) Public and semipublic uses, such as fire stations, emergency shelters and Village garages;
(3) Warehousing and mini-warehousing;
(4) Excavating and construction offices, repair and storage;
(5) Grain bins and storage bins;
(6) Single-family residential units attached to or part of the business unit; and
(7) Telecommunications towers.
- Screening. Outdoor storage of any kind and processing areas of any kind shall abide by the ruling of the Site Plan and Architectural Review Board for all screening requirements, but under no circumstances shall screening ever be less than a minimum of 30% effectively screened from streets and 80% screened adjacent to residential districts. If located in a Design Overlay (DO) District, then such use and overall site design shall adhere to enhanced restrictions for screening and Site Plan and Architectural Review (SPAR) standards and requirements so as to remain in keeping with and operating in accordance with the vision of such DO District and the Village Comprehensive Plan. [Amended 7-14-2022 by Ord. No. 3-2022]
§ 195-17.1. B-3 Neighborhood Commercial District. [Added 8-11-2011 by Ord. No. 3.11[7]]
- Purpose. The B-3 District is intended to allow for smaller-scale, neighborhood-oriented commercial uses in predominantly residential areas.
- Permitted uses. The following uses are permitted within a B-3 District:
(1) Any use permitted in the B-1 District;
(2) Convenience store;
(3) Bed-and-breakfasts;
(4) Day-care facility; and
(5) Assisted-living or managed-care facility.
- Requirements. In order to be considered a conforming lot or structure within a B-3 District, a lot or structure must:
(1) Have a minimum lot size of 5,000 square feet and a minimum lot width of 50 feet;
(2) Have a front yard setback of 10 feet, a rear yard setback of 15 feet and a side yard setback of five feet;
(3) Not exceed a maximum principal building height of 45 feet; and
(4) Have an accessory building side and rear yard setback of three feet and a maximum accessory building height of 25 feet.
- Conditional uses. The following uses shall be considered conditional uses within a B-3 District:
(1) Public and semipublic uses, such as fire stations, emergency shelters and Village garages;
(2) Single-family dwelling units attached to or part of a business unit;
(3) Residential dwelling units located above the ground floor; and
(4) Telecommunications towers.
- Screening. Outdoor storage and processing areas shall be at least 30% effectively screened from streets and 80% screened adjacent to residential districts.
§ 195-17.2. LI-Light Industrial District. [Added 7-12-2007 by Ord. No. 6.07]
- Purpose. The LI District is intended to provide for light industry and light manufacturing in areas suited for industry based on location, topography, existing streets and potential for utilities and relationships to other uses. The LI District is intended to keep out uses not compatible with industry.
- Permitted uses. The following uses are permitted within an LI District:
(1) The manufacturing, processing or assembly of goods.
(2) Repair and service of goods or equipment.
(3) Wholesale businesses.
(4) Storing or warehousing of products.
- Requirements. In order to be considered a conforming lot or structure within an LI District, a lot or structure must:
(1) Have a minimum lot size of 30,000 square feet and a minimum lot width of 100 feet;
(2) Have a front yard setback of 15 feet, rear yard setback of 15 feet and a side yard setback of 15 feet;
(3) Not exceed a maximum building height of 50 feet; and
(4) Have a side and rear yard setback of five feet for accessory buildings.
- Conditional uses. The following uses shall be considered conditional uses within the LI District:
(1) Telecommunications towers.
- Screening. Any open storage use shall be screened by being contained within an opaque fence or wall 72 inches high or a visual screen consisting of evergreen or evergreen-type hedges or shrubs spaced at intervals of not more than six feet, located and maintained in good condition within 15 feet of the property line or in any way out of view of the public.
ARTICLE V
Manufacturing District
§ 195-18. M Manufacturing District. [Amended 5-9-2002 by Ord. No. 2.02; 7-12-2007 by Ord. No. 6.07]
- Purpose. The M District is intended to provide for industry and manufacturing in areas suited for industry based on location, topography, existing streets and potential for utilities and relationships to other uses. The M District is intended to keep out uses not compatible with industry.
- Permitted uses. The following uses are permitted within an M District:
(1) Food or animal rendering or processing.
(2) Chemical, explosives, asphalt, glue and fertilizer manufacturing.
(3) Concrete mixing plant.
(4) Smelting, foundry or forging operations.
(5) Inflammable gases or liquids operations.
(6) Garbage, rubbish and/or recycling operations if screened.
(7) Junk or salvage yards if screened.
(8) Lumberyards.
- Requirements. In order to be considered a conforming lot or structure within an M District, a lot or structure must:
(1) Have a minimum lot size of 30,000 square feet and a minimum lot width of 100 feet;
(2) Have a front yard setback of 15 feet, rear yard setback of 15 feet and a side yard setback of 15 feet;
(3) Not exceed a maximum building height of 50 feet; and
(4) Have a side and rear yard setback of five feet for accessory buildings.
- Conditional uses. The following uses shall be considered conditional uses within the M District:
(1) Telecommunications towers.
- Screening. Any open storage use shall be screened by being contained within an opaque fence or wall 72 inches high or a visual screen consisting of evergreen or evergreen-type hedges or shrubs spaced at intervals of not more than six feet, located and maintained in good condition within 15 feet of the property line or in any way out of view of the public.
ARTICLE VI
Conservancy District
§ 195-19. C Conservancy District.
- Purpose. The C District is intended to preserve the natural state of scenic areas in the community, to prevent the uncontrolled, misplaced, uneconomical spread of residential, business or other development, to prevent soil and water pollution and to help discourage intensive development of marginal and floodplain lands so as to prevent potential hazards to public and private property.
- Permitted uses. The following uses are permitted within a C District:
(1) Parks and parkways, recreation areas and cemeteries;
(2) Management of forestry, wildlife and fish;
(3) Harvesting of wild crops, such as marsh hay, ferns, moss, berries, tree fruits and tree seeds;
(4) Fishing; and
(5) Uses customarily incidental to any of the above uses.
- Requirements. The following requirements apply within a C District:
(1) A minimum lot size of 6,000 square feet and a minimum lot width of 42 feet.
- Conditional uses. The following uses shall be considered conditional uses within a C District:
(1) Gravel or sand pits and quarries, including the washing and grading of products;
(2) Upon written permission from the Village Board in keeping with the purpose of this chapter, after recommendation of the Board of Appeals and a public hearing, landfill areas, sewage disposal and treatment plants, Village garages, water pumping or storage facilities, amusement parks, golf courses and driving ranges, public recreation buildings and public or private camping grounds;
(3) Dams and transmission lines; and
(4) Trapping.
(5) Telecommunications towers. [Added 5-9-2002 by Ord. No. 2.02]
ARTICLE VII
Agricultural District
§ 195-20. A Agricultural District.
- Purpose. The A District is intended to delineate and protect the areas best suited for agriculture and to provide for controlled growth.
- Permitted uses. The following uses are permitted within an A District:
(1) Single-family residences;
(2) Raising of farm crops; and
(3) Farm buildings only when accessory to a single-family residence.
- Requirements. In order to be considered a conforming lot or structure within an A District, a lot or structure must:
(1) Have a minimum lot area of 10 acres and a minimum lot width of 80 feet;
(2) Have a front yard setback of 80 feet, a rear yard setback of 50 feet and a side yard setback of six feet;
(3) Not exceed a maximum principal building height of 80 feet; and
(4) Have an accessory building side yard setback of three feet and no maximum accessory building height, except that all accessory buildings must be set back from all roads and easements or road lines and property boundaries at a distance at least equal to their height.
- Conditional uses. The following uses shall be considered conditional uses within an A District:
(1) Telecommunications towers. [Amended 5-9-2002 by Ord. No. 2.02]
(2) Public and private campgrounds;
(3) Kennels;
(4) Stables;
(5) Adult entertainment uses or districts;
(6) Salvage yards and sanitary landfill sites which must be licensed by the state;
(7) Public and semipublic uses; and
(8) General farming, including raising of crops and keeping of farm animals, including but not limited to cattle, fowl, rabbits, sheep, goats and horses, except farms operated for the disposal of garbage, rubbish, offal or sewage; feedlot limited to 150 livestock units or less; poultry farm housing limited to 10,000 birds or fewer; and signs not over eight square feet in area advertising the sale of farm products produced on the premises.
ARTICLE VIII
Overlay District
[Amended 10-12-2000 by Ord. No. 1.00; 5-9-2002 by Ord. No. 2.02; 7-13-2006 by Ord. No. 7.06; 11-9-2006 by Ord. No. 9.06; 8-11-2011 by Ord. No. 3.11[8]]
§ 195-21. (Reserved)
§ 195-21.1. SO Scenic Overlay District.
The following standards apply to all land within the Village limits where slopes exceed 12% and all land visible from the center line of STH 35, USH 53, CTH HD, CTH D, CTH V, CTH SN, CTH MH and CTH DH and within all zoning districts.
- Setback. All structures, including billboards, travel trailers and motor homes, shall set back at least 75 feet from STH 35 and STH 53 and be visually inconspicuous in the opinion of the Village Planning Commission. Official signs placed by a government agency will be exempt from the location and setback requirements but shall conform to the intent of this section to the fullest degree possible.
- Vegetation. A “no cut” native vegetation strip at least 75 feet deep shall be maintained along the bluffs (measured from where the bottom of bluff slope breaks from less than
12% to greater than 12% and where the top of bluff slope breaks from greater than 12% back to less than 12%), except that an access lane up to 15 feet in width may be cleared and maintained per parcel.
- Walkways. Walkways are allowed if they are necessary to access steep slopes, provided sound erosion control practices are employed and that structures are visually inconspicuous in the opinion of the Village Planning Commission.
- Setback and screening. All existing structures or improvements to those structures, located at the base or top of hills and bluffs visible from the center line of STH 35, USH 53, CTH HD, CTH D, CTH V, CTH SN, CTH MH and CTH DH, shall be set back from the sight lines (where the bottom of bluff slope breaks from less than 12% to the center line of the roads to greater than 12% and where the top of bluff slope breaks from greater than 12% back to less than 12%) and screened by native vegetation so as to make them visually inconspicuous. Buildings shall be set back at least 100 feet above or below the sight line on areas visible from the center line of the roads specified.
- Slopes. Building structures and driveways shall not be placed on slopes greater than 12% in any zoning district, except where the Village Board deems the installation is necessary for public health or safety reasons.
- Topography. Substantial changes to the natural topography made to accommodate building construction, quarrying and private road construction on lands visible from the center line of the roads specified and on any lands where slopes exceed 12% is prohibited, except where the Village Board deems changes are necessary for public health or safety reasons.
- Height. The height of existing structures or improvements to those structures, including billboards, antennas and weathervanes, located on lands where slopes exceed 12%, shall not exceed the height of the existing vegetation where the structures would otherwise be visible from Village roadways.
- Utility corridors and roads. Utility corridors, roads and structures in the scenic area shall be constructed to minimize visual impacts.
- Timber and vegetation removal. Vegetation removal and timber management limitations are hereby established consistent with the Department of Natural Resources Class A Scenic Management Guidelines. (These timber management guidelines are designed to maintain the scenic zone timber in a healthy, forested and aesthetically pleasing condition, reduce damage to residual trees, reduce visible evidence of logging and reduce soil erosion.)
- Junkyards. Junkyards in areas viewable from STH 35, USH 53, CTH HD, CTH D, CTH V, CTH SN, CTH MH and CTH DH are prohibited.
- Agriculture. Agricultural uses and structures are exempt from regulations spelled out in this section.
- Building materials. Building materials of any construction must incorporate natural materials and colors sufficient to be visually inconspicuous in the opinion of the Village Planning Commission.
§ 195-21.2. DO-1 Seven Bridges Design Overlay District.
- Purpose. This design overlay district is intended to guide the character and quality of development in the Seven Bridges District (Holmen TIF District #2).
- Design standards and guidelines. All land in the Seven Bridges Design Overlay District is subject to the design standards and guidelines specified in the Seven Bridges Master Plan, adopted June 2010, and as subsequently amended by the Village Board.
- Interpretation. Where this district imposes a greater restriction on the use of land or structures or the height or bulk of structures, or requires greater open space about structures, or greater areas or dimensions of sites than is imposed or required by an existing ordinance or another district, the regulations of this district shall govern.
§ 195-21.3. DO-2 Holmen Drive Design Overlay District. [Added 5-10-2012 by Ord. No. 5-2012; amended 8-12-2021 by Ord. No. 6-2021]
The DO-2 Holmen Drive Design Overlay District is hereby created as defined within the South Holmen Drive Corridor Plan, a component of the Holmen Comprehensive Plan, and subject to the design standards and processes as outlined in such Plan and other pertinent ordinances of the Holmen Village Code; and as is thus modified to transfer the approximate intersection of Main Street and Gaarder Road to the DO-3 Downtown Design Overlay District; and as is thus expanded to include newly annexed areas immediately adjacent Holmen Drive, north of the approximate intersection of McHugh Road and Holmen Drive, and thereafter north along Holmen Drive to the approximate intersection of CTH NA and Holmen Drive; as is thus outlined in the Village of Holmen Design Standards Manual and as is thus supported by the goals and priorities of the Holmen Comprehensive Plan.
§ 195-21.4. DO-3 Downtown Design Overlay District. [Added 8-12-2021 by Ord. No. 6-2021]
The DO-3 Downtown Design Overlay District is hereby created to include the business districts and high density residential areas immediately adjacent to or in the vicinity of Main Street from the approximate intersection of Lake Street and Main Street, and thereafter south along Main Street to the approximate intersection of Gaarder Road and Main Street, as is thus outlined in the Village of Holmen Design Standards Manual and as is thus supported by the goals and priorities of the Holmen Comprehensive Plan.
ARTICLE IX
Conditional Uses
§ 195-22. Application procedure.
The following are the required procedures for the application for and approval of conditional uses:
- Application and hearing. Any conditional uses listed in this chapter shall be permitted only when reviewed by the Planning Commission and authorized by the Village Board. Application for a conditional use permit shall be made to the Zoning Officer, who shall refer it to the Planning Commission and the Village Board. The Board shall then schedule a public hearing on the application. Notice of such hearing shall be given by the Village Board by publishing in the official newspaper a display ad setting forth such information as will provide adequate notice to residents of the Village of the proposed application, its location and the time and place of the hearing and the statement that all interested parties will be heard. Such notice shall be published two times, in each of the two preceding weeks, the second not less than seven days before said hearing, and copies of such notice shall be mailed to all abutting property owners within 100 feet by first class mail.
- Review and approval. The Planning Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewage and water systems and the proposed operation. [Amended 10-12-2000 by Ord. No. 1.00]
- Determinations. The Planning Commission shall make such findings that it deems appropriate based on the information submitted to it. The Village Board shall consider such findings and recommendations and make the ultimate determination of whether to grant the conditional use and the conditions upon which such grant is made. The determination of the Village Board shall be final. [Amended 10-12-2000 by Ord. No. 1.00]
- Conditions. Conditions, such as landscaping, architectural features and completion dates, sureties, lighting, fencing, planting screens, operation, improved traffic circulation, deed restriction, highway access restrictions, increased yards, grade, drainage or parking requirements, may be required by the Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter. [Amended 10-12-2000 by Ord. No. 1.00]
- Compliance. 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.
- Violation. Any permitted conditional use which does not continue in conformity with the conditions of the permit shall be revoked.
- Revocations. Revocations may be appealed to the Village Board within 90 days after date of notification.
§ 195-23. Uses requiring conditional use permit; restrictions.
A conditional use permit is required for the following uses. Restrictions for each use are as listed below.
- Recreational vehicle courts.
(1) Definitions. As used in this Subsection A, the following terms shall have the meanings indicated:
RECREATIONAL VEHICLE COURT — Any plot or plots of ground upon which two or more recreation vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
RECREATIONAL VEHICLE SITE — A plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle as defined herein.
TENT — A portable lode of canvas, strong cloth or other similar material stretched and sustained by poles. In this article, one tent shall be considered the equivalent of one recreational vehicle.
(2) Area of applicability. Recreational vehicle courts shall be located only in R-5 Multiple-Family Residential Districts. [Amended 10-12-2000 by Ord. No. 1.00]
(3) Recreational vehicle court plan. A recreational vehicle court plan shall be provided for recreational vehicle courts at such locations as may be approved by the Village Board upon review by the Planning Commission according to the minimum standards as hereinafter specified.
(4) Recreational vehicle (RV) court/campground. The site of a recreational vehicle (RV) court/campground must consist of one or more contiguous parcels of 1/2 acre or more. A site can consist of land owned or leased by the applicant. The land must be vacant or have a marina, tavern or industry as its primary use. Land leased by the applicant cannot be occupied by a building nor be required yard area or parking area for such building and must be devoted for use by occupants of the recreational vehicles. The site cannot be separated by a waterway or public way. All parcels must be zoned agriculture. Parcels contiguous only at a point do not constitute parcels.
(5) Plan review. Any person making application for a recreational vehicle court conditional use permit shall submit with his written application a proposed plan in triplicate.
(6) Area of court. No permit shall be issued for the establishment of a recreational vehicle court unless such court contains not less than 1/2 acre of land to provide a minimum of six recreational vehicle sites. An additional 1,200 square feet shall be provided for each additional recreational vehicle site over six to a maximum of 100 sites; however, nothing herein contained shall prevent the location of a recreational vehicle court on land upon which is located another commercial establishment providing the provisions of Subsection A(4) are met.
(7) Construction standards. In addition to the standards set forth in this code, recreational vehicle courts shall be constructed in compliance with the pertinent rules of the Department of Health and Family Services as set forth in Chapter HFS 178 of the Wisconsin Administrative Code.
(8) Use for dwelling purpose. No person shall place a mobile home or shall place a recreational vehicle within the Village for dwelling purposes, either temporary or permanent, on any land located outside a recreational vehicle court or mobile home court. Occupancy within an authorized recreational vehicle court shall not exceed seven months during any twelve-month period. [Amended 10-12-2000 by Ord. No. 1.00]
(9) Use for nonresident purposes. No persons shall hereafter place or use a mobile home or a recreational vehicle for the conduct of any business, profession, occupation or trade as a selling or advertising device on any land within the Village except for the following:
(a) A mobile home or recreational vehicle shall not be considered permissible as an accessory building.
(b) A mobile home or recreational vehicle may be used as a temporary office or shelter incidental to construction on or development of the premises on which it is located only during the time construction or development is underway.
(c) Mobile homes and recreational vehicles occupied as temporary living quarters by persons involved in special events or which are equipped to perform a public service function and operated or sponsored by governmental, civic or other like organizations shall be allowed with the Village as a conditional use at such locations and for such duration as shall be prescribed by the Village President.
(10)Nonconforming uses. A mobile home located within the Village and occupied as a permanent residence at the time of the passage of this section shall hereafter be deemed a nonconforming use and may continue as such but shall be treated in the same manner and under the same rules as any other nonconforming use.
(11)Mobile homes. Except as provided in this code, no person shall store a mobile home on any land within the Village.
(12)Recreational vehicles.
(a) The storage of one recreational vehicle in an accessory private garage building or in the rear yard of any occupied dwelling is permitted, provided that no living quarters shall be maintained nor any business practiced in such recreational vehicle while the same is so parked or stored.
(b) Within an authorized recreational vehicle court, a recreational vehicle shall not occupy a site for more than 60 days during those seasons other than winter without being removed from the court a minimum of 24 continuous hours and may be stored unoccupied during the four-month winter season from December 1 to April 1.
(13)Repair. Mobile homes and recreational vehicles when occupied may be left a reasonable time for repairs at any place where such repairs are ordinarily made.
(14)Sales lots. Unoccupied mobile homes and recreational vehicles may be stored for the purpose of inspection and sale upon any manufactured home, mobile home, manufactured dwelling or recreational vehicle sales lot.
- Campgrounds.
(1) The minimum size of any campground shall be two acres in gross area.
(2) The maximum number of travel trailers or campsites shall be 20 per acre as computed from the gross area of the park or campgrounds, and in no case shall the square feet of each site be less than 2,000 square feet.
(3) Before beginning operation of any campground, 50% of the sites and 100% of the facilities shall be completed.
(4) In addition to setback from the right-of-way of any state, county or Village road, all campgrounds shall have a boundary zone of 40 feet between any campsite and any side or rear lot line.
(5) The minimum width of roads within a campground shall be 30 feet.
(6) All access roads to and from the campground shall be well lighted and hard surfaced with bituminous concrete or equal materials.
(7) Every campground shall conform to all applicable state laws, as amended. [Amended 10-12-2000 by Ord. No. 1.00]
(8) All wiring within a camp must conform to state electrical codes.
(9) Designated spots on each site will be marked or constructed for outside cooking or the building of campfires, and no fires will be allowed outside of these designated areas.
(10)The perimeter of the camping area or perimeter of the parcel must be fenced.
- Public and semipublic uses. The following public and semipublic uses shall be conditional uses and may be permitted as specified:
(1) Governmental and cultural uses, such as administrative offices, fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums.
(2) Utilities and communication towers with associated buildings, but not including studios.
(3) Public, private and parochial preschool, elementary and secondary schools and churches, provided the lot area is not less than one acre and all principal structures and uses are not less than 50 feet from any lot line.
(4) Institutions. Religious and charitable institutions and cemeteries, provided that all principal structures and uses are not less than 50 feet from any lot line.
- Mobile home parks. Mobile home parks may be permitted in the R-5 District as a conditional use and shall conform to the following standards: [Amended 10-12-2000 by Ord. No. 1.00]
(1) Minimum park size: five acres.
(2) Minimum distance of any mobile home from the park boundary: 10 feet.
(3) Minimum lot size per mobile home: 5,000 square feet.
(4) Minimum lot width: 50 feet.
(5) Minimum distance between mobile homes: 10 feet all around.
(6) Minimum number of public accesses shall be two. They shall be by sixty-foot roadway with each at least 300 feet apart.
(7) Water and sewer. Each mobile home lot shall be connected to public water supply and sewage disposal systems. The mobile home park shall be furnished with one water meter assigned to the ownership of the mobile home park.
(8) Solid waste. Each mobile home lot shall have adequate garbage and refuse disposal service.
(9) A front yard setback of 15 feet from the roadway serving the unit. No structures or units shall be located within this setback area, nor shall fences exceed a height of four feet. [Amended 5-9-2002 by Ord. No. 2.02]
(10)An inclement weather shelter shall be provided.
(11)Recreation area. At least 5% of the total area of each park shall be designated as a recreation area with play equipment furnished and maintained by the park owner.
(12)Landscaping and screening. Along each boundary line of a mobile home park there shall be a landscape planting which shall be so designed and maintained as to be fifty-percent or more opaque between two feet and eight feet above average ground level at maturity to effectively screen the facility from view. A planting plan shall be submitted as part of the initial mobile home park. Not more than two openings for access shall be provided in such planting, the sizes and locations of which shall be subject to review and approval by the Planning Commission. Such planting shall be completely installed in the first growing season following the issuance of the permit. The Village Board, upon the review of the Planning Commission, may authorize other suitable means of screening a mobile home park, such as a fence of such design and construction as to effectively present a ninety-percent opaque vision barrier from grade to a height of six feet. Any fence authorized in lieu of the aforementioned planting shall be maintained in good condition at all times, and the operator shall prevent any handbills, posters, signs or advertising from being placed on or over same.
(13)Roads and parking. All roadways, parking areas and walkways shall be hard surfaced with bituminous concrete or equal materials. Roadways shall be a minimum of 60 feet in width and adequately lighted. There shall be one off-street parking space for each mobile home and additional parking spaces for automobiles within the park totaling no fewer than two parking spaces for each mobile home lot.
(14)Signs. No signs shall be permitted except the following:
(a) One nonflashing identification sign stating only the name of the court and the services available, provided the sign does not project into the public right-of-way; and
(b) Any necessary regulatory signs such as street name signs, entrance and exit signs, etc.
(15)No mobile home sales office or other business or commercial use shall be located on the mobile home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage and one office are permitted.
(16)Pad. Each mobile home shall be placed upon a hard-surfaced pad or foundation with six approved tie-down anchors.
(17)All mobile homes and manufactured homes shall meet the construction standards of all federal codes.
(18)Accessory buildings shall not exceed an area of 30% of the required lot, with a minimum side yard setback of 10 feet between building on an adjacent lot and rear yard setback of eight feet. A minimum distance of five feet shall exist between the mobile home and accessory building.
- Adult entertainment.
(1) An adult-oriented establishment shall be a permitted use in the A Agricultural District. All pertinent general or district zoning restrictions shall apply. In addition, no permit may be granted for an adult-oriented establishment unless it shall be located at least 1,000 feet from:
(a) The boundaries of the following districts: R-1 New Single-Family Residential District, R-2 New Single-Family Residential District, R-3 Existing Single-Family Mixed Residential District, R-4 Two-Family Residential District, R-5 Multiple-Family Residential District, R-6 Zero Lot Line District and PUD Planned Unit Development District.
(b) Any property within the Village then used for residential, church, park or school purposes.
(2) All applicable provisions of the Municipal Code and the Wisconsin Statutes regulating conditional uses shall apply to any request for conditional use for an adult-oriented establishment.
ARTICLE X
Planned Unit Developments
[Amended 8-11-2011 by Ord. No. 3.11; 7-14-2016 by Ord. No. 9-2016]
§ 195-24. Purpose.
The Planned Unit Development (PUD) District is established to allow for variation from the use and dimensional standards defined by other zoning districts when an area of land is developed as a cohesive unit, while insuring substantial compliance to the basic intent of the Zoning Ordinance and adopted plans. This chapter defines the process by which unique standards can be established for each planned unit development.
§ 195-25. Uses.
Any use permitted by right or as a conditional grant in any of the other districts of this chapter may be permitted in the Planned Unit Development District; provided, however, that no use shall be permitted except in conformity with an approved final development and implementation plan pursuant to the procedural and regulatory provisions established by this chapter. Additionally, the Planned Unit Development District may also be used as a simple zoning overlay for any other district of this chapter for the specific purpose of modifying minor or subtle zoning requirements such as, but not limited to, setback requirements, height requirements, lot size requirements and density requirements; provided, however, that the zoning overlay shall still conform to the permitted and conditional use requirements of the underlying district.
§ 195-26. (Reserved)
§ 195-26.1. Lot size; yard; bulk regulations.
In the Planned Unit Development District, there shall be no predetermined specific lot area, lot width, height, yard and usable open space requirements, but such requirements as are made a part of an approved final development and implementation plan, and shall be construed to be and enforced as a part of this chapter.
§ 195-26.2. Signs.
Signs may be provided in accordance with Article XII of the Village of Holmen Zoning Ordinance and such requirements as are made a part of an approved final development and implementation plan.
§ 195-26.3. Off-street parking and loading.
In the Planned Unit Development District, off-street parking facilities shall be provided in accordance with this Zoning Ordinance and such requirements as are made a part of an approved final development and implementation plan.
§ 195-27. Procedure.
- The procedure for rezoning to a Planned Unit Development (PUD) District (including use as a zoning overlay) shall be as required for any other Zoning Map amendment under this chapter, except that in addition thereto the rezoning may only be considered in conjunction with a general development plan subject to specific criteria, that may be required by the Village Administrator.
- Preapplication conference.
(1) A developer desiring to obtain zoning to construct a planned unit development may request a preapplication conference with the Planning Commission prior to submitting an application for the zoning.
(2) The purpose of this preapplication conference shall be to familiarize both the developer and the Planning Commission with each other’s intentions with respect to the planned unit development. Although a preapplication conference shall not be required, this preliminary meeting between the Planning Commission and the developer is desirable since it should help clarify many procedural and policy issues.
(3) The developer shall not be required to present any written or graphic materials at the preapplication conference. The Planning Commission cannot approve zoning at the preapplication conference.
- General development plan. A general development plan application shall be submitted with the rezoning petition and shall include written, quantitative and graphic materials, as may be required by the Village Administrator (a larger and more complex PUD should expect to submit more application materials, whereas certain application materials may not apply or may not be necessary for a smaller and more simplified PUD):
(1) Written materials that the Village Administrator may require include, but shall not be limited to, the following:
(a) Legal description of the total development parcel proposed for development, including exact location and a statement of present and proposed ownership.
(b) Statement of development concept, including the planning objectives and the character of the development to be achieved through the planned unit development.
(c) Development schedule indicating the appropriate date when construction of the planned unit development can be expected to begin and to be completed, including initiation and completion dates of separate stages of a phased development.
(d) Statement of intentions regarding the future selling or leasing of all or portions of the planned unit development, such as land areas, dwelling units and public facilities.
(e) The impact of the development on existing Village services outside the development.
(2) Quantitative data that the Village Administrator may require include, but shall not be limited to, the following:
(a) Parcel size.
(b) Proposed lot coverage of structures.
(c) Total amount of usable open space, both private and public.
(d) Total number and type of dwelling units by number of bedrooms.
(e) Approximate gross residential densities.
(f) Number of parking spaces to be provided.
(g) Total length of streets to be conveyed to the Village government.
(h) Total length of streets to be held as private ways within the development.
(i) Description of type of other public works to be conveyed to the Village government.
(j) Number and types of public facilities.
(3) Graphic materials that the Village Administrator may require include, but shall not be limited to, the following:
(a) Map of existing site conditions, including contours, watercourses, floodplains, unique natural features, existing vegetation and existing buildings.
(b) Existing and proposed lot lines.
(c) Location and size of gross floor area of all existing and proposed buildings, structures and other improvements, including maximum heights and types of dwelling units.
(d) Location and size in square feet of all usable open space and areas to be conveyed, dedicated or reserved as common open spaces and recreation areas.
(e) The existing and proposed circulation, including off-street parking areas, services areas, loading areas and all points of access to existing public rights-of-way.
(f) Proposed pedestrian circulation system.
(g) Existing and proposed utility systems.
- Referral and hearing.
(1) The general development plan application containing all of the information required by the Village Administrator shall be filed with the Village Administrator, who shall forward the application to the Planning Commission.
(2) Hearing requirement. As with any Zoning Map amendment, no such amendments shall be made without a hearing before the Planning Commission.
(3) Following public hearing the Planning Commission shall forward the general development plan petition to the Village Board, with a recommendation that the plan be approved as submitted, approved with modifications, or disapproved. The Village Board may consider the general development plan accordingly, and too may modify any aspect of the petition before rendering a final recorded approval.
(4) Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall be conditioned upon approval of a final development and implementation plan, which shall include all required modifications from the recorded general development plan approval, and shall not make permissible any of the uses as proposed until the final development and implementation plan is submitted and approved for all or a portion of the general development plan.
- Criteria for approval of the general development plan. As a basis for determining the acceptability of a Planned Unit Development District application, the following criteria shall be considered:
(1) Conforms to the adopted Comprehensive Plan for the portion of the Village in which the Planned Unit Development District is located.
(2) Provides benefits to the Village which outweigh its adverse effects. In making this determination, the Planning Commission shall consider the following:
(a) Quality of site design, including integration of a variety of land uses, building types and densities, preservation of natural features, compatibility and adjacent land uses, provision and type of open spaces, and provision of other amenities designed to benefit the general public.
(b) Traffic flow and safety.
(c) Adequacy of utilities and other public works facilities.
(3) Implementation schedule. The proponents of a Planned Unit Development District shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Village Board, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.
- Final development and implementation plan. The final development plan that includes all required modifications from the general development plan approval process, including input from the public hearing and the final decision of the Village Board and any final modifications to the plan that are necessary to address final engineering and site design, and a detailed plan for implementation of all or a part of the proposed Planned Unit Development District must be submitted within a reasonable period of time, as may be determined by the Village Board. If a final development and implementation plan has not been submitted within said time, which the Village Board determines to be a reasonable phase of the total plan, the Village Board may render the Planned Unit Development District void and the previous zoning district shall be reinstated. The final development and implementation plan shall be submitted to the Village Administrator and, in addition to the requirements of the approved general development plan, the Village Administrator may require additional detailed construction and engineering plans and related detailed documents and schedules, including but not limited to:
(1) An accurate map of the area covered by the plan, including the relationship to the total general development plan.
(2) The pattern of public and private roads, driveways, walkways and parking facilities.
(3) Detailed lot layout and subdivision plan where required.
(4) The arrangement of building groups other than single-family residences, and their architectural character.
(5) Sanitary sewer and water mains.
(6) Grading plan and storm drainage system.
(7) The location and treatment of open space areas and recreational or other special amenities.
(8) General location and description of any areas to be dedicated to the public.
(9) General landscape treatment.
(10)Location of trash and garbage receptacles and type of screening.
(11)Proposed treatment of the perimeter of the development, including materials and techniques used such as screens, fences and walls.
(12)A development schedule indicating the:
(a) Approximate date when construction of the project can be expected to begin;
(b) Stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;
(c) Anticipated rate of development;
(d) Approximate date when the development of each of the stages will be completed.
(13)Agreements, bylaws, provision or covenants which govern the organizational structure, use, maintenance, and continued protection of the planned unit development and any of its common services, common open areas or other facilities.
(14)A final plat of the lands to be subdivided as part of the specific implementation plan, suitable for recording.
(15)Any other plans, documents or schedules requested by the Village.
- Approval of the final development and implementation plan.
(1) Following a review of the final development and implementation plan, the Planning Commission shall recommend to the Village Board that it be approved as submitted, approved with modifications or disapproved.
(2) Upon receipt of the Planning Commission recommendations, the Village Board may approve or further modify and approve the plan and authorize development to proceed accordingly or disapprove the plan and send it back to the Planning Commission for further negotiation with the developer.
(3) The developer must build in accordance to the parameters of the final development and implementation plan as adopted and recorded by the Village Board. During the course of construction of an approved Planned Unit Development, the Village Administrator, or if referred to, the Planning Commission, may permit minor modifications to the final development and implementation plan, as long as those minor modifications are not in conflict with the overall intent and purpose of the final development and implementation plan. For example, these modifications may include slight variations in building materials and colors, or in tree and plant species, if the applicant can, for example, demonstrate that the preferred choices were not available or that other similar looking options are more cost effective, etc.; these modifications may also include slight variations to the site plan, utility plans or public or other infrastructure plans if the applicant, for example, can demonstrate that the plan as approved is not feasible due to unforeseen circumstances, etc.; these modifications may also include slight variations to the implementation schedule if the applicant, for example, can demonstrate a hardship that impacts the timing of the development. Any substantial alteration or change or addition to the approved final development and implementation plan or use, however, shall be required to follow the procedure for a general development plan and PUD rezoning as described in this article.
§ 195-28. (Reserved)
ARTICLE XI
Parking and Loading
§ 195-29. Minimum off-street parking required. [Amended 10-12-2000 by Ord. No. 1.00; 11-13-2003 by Ord. No. 7.03]
In all zoning districts, except B-1 Downtown Business District, and unless otherwise herein provided, all newly established uses and all uses which are expanded shall provide off-street parking and unloading space in accordance with the standards set forth in this article. In B-1 Downtown Business Districts, the number of off-street parking spaces shall be one space for each 1,000 square feet of usable floor area and one space per dwelling unit for all dwellings.
| Use | Minimum Parking Required |
| Single-family dwellings and mobile homes | 2 stalls for each dwelling unit |
| Two-family and multifamily dwellings | 2 stalls for each dwelling unit |
| Hotels and motels | 1 stall for each guest room plus 1 stall for each 3 employees |
| Nursing homes | 1 stall for each 2 beds plus 1 stall for each 3 employees |
| Medical and dental clinics | 3 stalls for each doctor |
| Churches, theaters, auditoriums, community centers and other places of public assembly | 1 stall for each 5 seats |
| Secondary and elementary schools | 1 stall for each 2 employees plus 1 stall for each 10 students of 16 years of age or more |
| Restaurants, bars, places of entertainment, repair shops and retail and service stores | 1 stall for each 150 square feet of usable floor area |
| Furniture and appliance stores, household equipment, showroom of tradesmen and similar uses | 1 stall per each 1,000 square feet of usable floor area |
| Supermarkets, self-service food or beverage shops, retail stores except as otherwise specified and personal service | 1 stall per each 200 square feet of usable floor space |
| Financial institutions, businesses and government and professional offices | 1 stall per each 300 square feet of usable floor space |
| Funeral homes | 1 stall per each 4 seats |
| Bowling alleys | 5 stalls per each alley |
| Manufacturing and processing plants, laboratories and warehouses | 1 stall per each 2 employees |
§ 195-30. Design of parking and loading areas.
- Parking space dimensions. Parking shall have minimum dimensions of not less than 10 feet in width and 20 feet in length, exclusive of access drives or aisles. Parking stalls to accommodate handicapped persons shall be designed with dimensions and area in accordance with state law.
- Loading space dimensions. Loading spaces shall have minimum dimensions of not less than 12 feet in width and 50 feet in length, exclusive of driveways and aisles.
- Paving. Parking and loading spaces together with driveways, aisles and other circulation areas shall be improved with materials to provide a bituminous or concrete surface.
- Drainage. The design of all parking and loading areas shall provide for adequate surface water drainage in such a fashion to prevent the drainage of surface water onto adjacent properties.
- Access driveways. Access roads and driveways shall be a minimum of not less than 12 feet for one-way traffic and 20 feet for two-way traffic. Entrances and exits to parking areas shall be clearly marked.
- Lighting. Parking areas intended for use during nondaylight hours shall be illuminated sufficient to avoid accidents. Lights shall be so arranged to reflect light away from adjacent property and public streets.
- Screening. Whenever a parking area is located in a front yard or side yard adjacent to a street, appropriate screening or landscaping shall be provided to minimize the visual appearance. Parking areas located next to a residential district shall be effectively screened on any side facing the residential district. Such screening shall not be less than four feet in height and shall be maintained in good condition.
- Maintenance. Parking and loading areas shall be maintained in good condition and free of trash and debris.
§ 195-31. Loading space requirements for the B-2 and M Districts.
There shall be provided at the time any building is erected or expanded off-street loading space in accordance with the following requirements. For the purpose of this section, a loading space will be so designed and maintained as to accommodate the type of delivery vehicles contemplated, but shall not be less than 12 feet wide and 50 feet in length, shall be hard surfaced with a dustless all-weather material capable of bearing a live load of 200 pounds per square foot, shall be located on the same lot as the use served and shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement and shall be subject to approval by the Village Board.
ARTICLE XII
Signs, Awnings, Canopies and Billboards
§ 195-32. Purpose.
The purpose of this article is to establish minimum standards to safeguard life and property and promote public welfare and community aesthetics by regulating the appearance, construction, location and maintenance of all signs, awnings, canopies and billboards. The provisions herein contained shall be binding alike upon every owner of a building, every lessee and every person in charge or responsible for or who causes the construction, repair, relocation or alteration of any outdoor sign and other advertising structures in the Village of Holmen. Painting, posting and general maintenance are excepted. No sign or billboard shall have a message, shape, characteristic or graphic which is prohibited by state statutes.
§ 195-33. Definitions.
The following definitions are used in this article:
AREA OF SIGN — The perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the sign may be placed unless they are designed as part of the sign. If the sign consists of more than one section or module, all areas will be totaled. The area of an irregularly shaped sign shall be computed using the actual sign face surface. The area of the irregularly shaped sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight straight lines.
AWNING — A hood or cover which projects from the wall of the building with a ridged frame structure.
BILLBOARD — A sign which advertises goods, products or facilities or services not necessarily on the premises where the sign is located or directs persons to a different location from where the sign is located.
BLANKETING — The unreasonable obstruction of view of a sign caused by the placement of another sign.
CANOPY — A shelter, with or without a sign, attached to or connected with a building and extending into a setback or over the public sidewalk.
DAY — A day shall be designated as a period of time in terms of calendar days.
DIRECTLY ILLUMINATED SIGN — Any sign designed to illuminate directly from a source originating within or on such sign. [Amended 9-13-2012 by Ord. No. 3-2012]
DIRECTORY SIGN — Any sign on which the names and locations of occupants or the use of a building is given. This shall include offices and church directories. Directory signs shall be encouraged for use with advertising of multiple-occupied commercial buildings.
ELECTRONIC VARIABLE MESSAGE (EVM) SIGN — An EVM is a permanent, outdoor, secondary, on-premises sign, that is part of a primary, on-premises freestanding sign and is programmed electronically to change its message automatically, including such messages as time, date, temperature, weather or information concerning public service, community service, civic or charitable events or the advertising of products or services for sale on the premises. [Amended 10-12-2000 by Ord. No. 1.00; 9-13-2012 by Ord. No. 3-2012]
FLASHING SIGN — Any directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
FREESTANDING SIGN (ground monument and/or pole sign) — Any sign which is supported by structures or supports in or upon the ground, and independent of support from any building. [Amended 9-13-2012 by Ord. No. 3-2012]
IDENTIFICATION SIGN — Any sign which carries only the name of the firm, major enterprise, institution or principal products offered for sale on the premises or combination of these.
INDIRECTLY ILLUMINATED SIGN — A sign that is illuminated from a source outside of the actual sign.
MARQUEE SIGN — Any sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building’s wall and generally designed and constructed to provide protection against weather.
NONCONFORMING SIGN — Any sign which does not conform to the regulations of this article.
OFF-PREMISES SIGN — Any sign, device or display which advertises goods other than that commonly available or services other than that commonly performed on the premises on which the sign is located.
POLITICAL SIGN — Any sign displaying a candidate for an election or a current election’s subject matter.
PORTABLE SIGN — Any sign not permanently attached to the ground which is designed to be easily moved from one location to another. [Amended 9-13-2012 by Ord. No. 3-2012]
PROJECTING SIGN — Any sign extending more than 18 inches from the face of a wall or building. [Amended 9-13-2012 by Ord. No. 3-2012]
REAL ESTATE SIGN — Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
ROOF SIGN — Any sign erected upon or over the roof or parapet of any building.[9]
SIGN — A sign shall include anything that promotes, calls attention or invites patronage (or anything similar to the aforementioned) to a business, location or product.
TEMPORARY SIGN — Any sign intended to be displayed for a short period of time, including real estate or construction site signs, and banners, decorative-type displays or anything similar to the aforementioned.
WALL SIGN — Any sign attached to, erected on or painted on the wall of a building or structure. [Amended 10-12-2000 by Ord. No. 1.00; 9-13-2012 by Ord. No. 3-2012]
WINDOW SIGN — Any sign located completely within an enclosed building and visible from a public way.
§ 195-34. Permit application procedure.
- Application. Except those specified in § 195-35, no signs, billboards, awnings or canopies shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this article and Article XVI of the Village Code, the provisions of the Holmen Comprehensive Plan and any design standards of the Village. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the Village of Holmen. Signs shall not be erected or altered until a permit has been issued by the Zoning Officer. “Altered” shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance. [Amended 9-13-2012 by Ord. No. 3-2012]
- Required information. Application for a sign shall be made in writing upon forms furnished by the Village which contain the following information about the sign: dimensions, including display surface; materials; illumination; wiring; height above grade; distance from lot lines; and the person, firm or corporation erecting or altering the sign.
- Fee. The fee for each sign permit shall be as established annually, as outlined in the Village of Holmen Fee Schedule. [Amended 9-13-2012 by Ord. No. 3-2012]
- Insurance. Any person, firm or corporation engaged in the business of erecting, repairing, maintaining or relocating any sign shall maintain in effect at all times a policy of liability insurance with limits of $300,000 for bodily injury and $1,000,000 aggregate and $100,000 property damage. Proof of insurance shall be presented to the Village before the sign permit is granted.
- Inspection. Every sign shall be inspected and approved by the Zoning Officer within 30 days after it is erected or altered.
- Appeals. Any person, firm or corporation aggrieved by any permit denial or decision by the Zoning Officer relative to the provisions of these sign regulations may appeal and seek review of such to the Board of Appeals.
§ 195-35. Signs exempted. [Amended 10-12-2000 by Ord. No. 1.00; 9-13-2012 by Ord. No. 3-2012]
The following signs shall not need a sign permit, provided that they are not located over a public road right-of-way (excluding signs erected by governmental entities) or in, on or over public water. The following signs do not require a permit:
- Business and manufacturing districts.
(1) Real estate signs not to exceed eight square feet in area which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.
(2) Name, occupation and warning signs not to exceed four square feet located on the premises.
(3) Bulletin boards for public, charitable or religious institutions not to exceed 35 square feet in area located on the premises.
(4) Memorial signs, tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against the structure.
(5) Official signs, such as traffic control, parking restriction, information and notices.
(6) Temporary signs, when authorized by the Village for a period not to exceed 30 days.
(7) Rummage sale signs not to exceed eight square feet in area, but use of this type of sign shall be limited to 72 hours per sale.
(8) A sign for the purpose of designating a new building or development, for promotion of a subdivision, for announcement of a special event or for similar special informational purposes may be permitted for a limited period of time in any district with the approval of the Village and subject to the following:
(a) Drawings showing the specific design, appearance and location of the sign shall be submitted to the Village for approval.
(b) The permitted size and location of any such sign shall be at the discretion of the Village based upon the character of the area, the type and purpose of the sign and the length of time permitted.
(c) Where the sign is to be located on the premises involved, such may be permitted for a period up to one year. An extension may be permitted for a period not to exceed two years total.
(d) Where the sign is not to be located on the premises involved, such sign may be permitted for a period not to exceed nine months.
(9) Signs designating entrances, exits, service areas, parking areas, rest rooms and other signs relating to functional operation of the building or premises shall be permitted without limitation other than reasonable size and necessity.
(10)Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises.
(11)Flags and insignia of any government, except when displayed in connection with commercial promotion, such signs shall be subject to review and permit.
(12)Signs and banners erected by the Village of Holmen specifically for the purpose of creating a sense of place and that signify community identity.
(13)Legal notices, identification information or directional information or directional signs erected by governmental bodies.
(14)Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, accent lighting or moving lights.
(15)Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
(16)Political signs may be placed on private property with the consent of the property owner or the person entitled to possession of the property. Signs promoting a candidate or position on an issue for an upcoming election may not be placed in a manner which would impede vehicular or pedestrian safety, must be outside of required vision triangles, and must meet the requirements of s. 12.03 Wis. Stats. Signs related to an election or referendum may be erected no earlier than in the case of an election of candidates for office, the first day for circulation of nomination papers for such office; or in the case of a referendum, the date on which the question is submitted to the electors, and all such signs must be removed within seven days after the election or referendum to which they relate. Said signs shall be a maximum of four square feet.
- Residential, conservancy and agricultural districts.
(1) Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed four square feet.
(2) Real estate signs not to exceed four square feet in area which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.
(3) Name, occupation and warning signs not to exceed two square feet located on the premises.
(4) Bulletin boards for public, charitable or religious institutions not to exceed eight square feet in area located on the premises.
(5) Memorial signs, tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.
(6) Official signs, such as traffic control, parking restrictions, information and notices.
(7) Temporary signs or banners, when authorized by the Village, for a period not to exceed 30 days.
(8) Awnings or canopies servicing only a particular single-family dwelling unit, provided the same shall conform to the regulations applicable to the zoning district in which the same are located.
(9) House numbers or signs identifying parks or country clubs or official bulletin boards.
(10)An approved professional sign shall be a sign not exceeding three square feet in area, stating only the name and business or profession of the occupant or the character or the use of the premises on which the sign is maintained. It shall not be illuminated and shall not move. Only one such approved professional sign shall be maintained on a premises.
(11)A sign for the purpose of designating a new building or development, for promotion of a subdivision, for announcement of a special event or for similar special informational purposes may be permitted for a limited time in any district with the approval of the Village and subject to the following:
(a) Drawings showing the specific design, appearance and location of the sign shall be submitted to the Village for approval.
(b) The permitted size and location of any such sign shall be at the discretion of the Village based upon the character of the area, the type and purpose of the sign and the length of time permitted.
(c) Where the sign is to be located on the premises involved, such may be permitted for a period up to one year. An extension may be permitted for a period not to exceed two years total.
(12)Political signs may be placed on private property with the consent of the property owner or the person entitled to possession of the property. Signs promoting a candidate or position on an issue for an upcoming election may not be placed in a manner which would impede vehicular or pedestrian safety, must be outside of required vision triangles, and must meet the requirements of s. 12.03 Wis. Stats. Signs related to an election or referendum may be erected no earlier than in the case of an election of candidates for office, the first day for circulation of nomination papers for such office; or in the case of a referendum, the date on which the question is submitted to the electors, and all such signs must be removed within seven days after the election or referendum to which they relate. Said signs shall be a maximum of four square feet.
§ 195-36. Signs requiring a permit. [Amended 10-12-2000 by Ord. No. 1.00; 9-13-2012 by Ord. No. 3-2012]
The following signs shall require a permit to be issued by the Village of Holmen:
- Business and light industrial and manufacturing districts. Signs are permitted in all business districts and light industrial districts and manufacturing districts, where specified, subject to the following restrictions, (unless approved as part of a planned unit development in accordance with Chapter 195, Article X, of the Village Code); and subject to review and final approval of any additional restrictions or requirements of the SPAR Board per Chapter 195, Article XVI, of the Village Code:
(1) Wall signs placed against the exterior walls of buildings in B-2 Business Districts shall not extend more than 12 inches out from a building’s wall surface, shall not exceed a total of 200 square feet in area, or shall not exceed one square foot for every linear foot of frontage, whichever is greater, for any one premises and shall not exceed the height of the wall for which it is displayed. Said wall signs shall not exceed 30 feet in height if the walls in question are greater than the 154 feet and 30 feet respectively.
(2) Wall signs placed against the exterior walls of buildings in B-1 and B-3 Business Districts and LI Light Industrial Districts and M Manufacturing Districts shall not extend more than 12 inches out from a building’s wall surface, shall not exceed a total of 75 square feet in area for any one premises and shall not exceed the height of the wall for which it is displayed, and said wall plans shall not exceed 20 feet in height if the walls in question are greater than the 20feet respectively.
(3) (Reserved)
(4) Projecting signs fastened to, suspended from or supported by structures shall not exceed 32 square feet on one side, nor 64 square feet on all sides for any one premises, shall not extend more than six feet into any required yard, shall not extend more than three feet into any public right-of-way, shall not be less than 10 feet from all side lot lines, shall not exceed a height of 15 feet above the mean center-line street grade and shall not be permitted above a driveway or an alley and shall be not less than 10 feet above a sidewalk.
(5) Freestanding signs in B-2 Business Districts shall not exceed 15 feet (with the preference of a masonry ground monument sign not exceeding seven feet) in height above the center line of the grade of the street from which access to the premises is obtained, and shall not extend into any public right-of-way, and shall be set back a minimum of five feet from the property line (up to a minimum of 10 feet depending upon the circumstances). Signs shall not exceed 100 square feet on one side, nor 200 square feet on all sides for any one premises.
(6) Freestanding signs in B-1 Business Districts and LI Light Industrial Districts and M Manufacturing Districts shall not exceed 10 feet (with the preference of a masonry ground monument sign not exceeding seven feet) in height above the center line of the grade of the street from which access to the premises is obtained, and shall not extend into any public right-of-way, and shall be set back a minimum of five feet from the property line (up to a minimum of 10 feet depending upon the circumstances). Signs shall not exceed 75 square feet on one side, nor 150 square feet on all sides for any one premises.
(7) Freestanding signs in B-3 Business Districts shall be a masonry ground monument sign not exceeding seven feet in height above the center line of the grade of the street from which access to the premises is obtained, and shall not extend into any public right-of-way, and shall be set back a minimum of five feet from the property line (up to a minimum of 10 feet depending upon the circumstances). Signs shall not exceed 32 square feet on one side, nor 64 square feet on all sides for any one premises.
(8) Window signs shall be placed only on the inside of commercial buildings and shall not exceed 10% of the glass area of the pane upon which the sign is displayed.
(9) Other signs. Any sign qualifying as more than one of the above-listed types shall meet the requirements for each type.
(10)Bills and posters shall not be posted on the exterior of buildings or windows.
- Residential, conservancy and agricultural districts. All signs are prohibited in the residential, conservancy and agricultural districts, except as provided in § 195-35B, and as authorized below, and subject to review and final approval of any additional requirements of the SPAR Board per Chapter 195, Article XVI, of the Village Code:
(1) Permanent subdivision identification signs are authorized if approved as part of a subdivision plat (detailed plans of proposed signs must be submitted at the time of subdivision review) or may be approved subsequently through the granting of a conditional use permit. Such sign shall comply with visibility standards of this Code.
(2) Any public, religious or institutional (school) use approved as a conditional use in any residential district may be permitted wall signs in accordance with § 195-36A(2) of this article, and one freestanding ground monument sign in accordance with § 195-36A(6) of this article. The signs shall indicate nothing more than the name and address of the premises and the schedule of services or other information relevant to the operation of the premises.
§ 195-37. Landscape features. [Amended 9-13-2012 by Ord. No. 3-2012]
Landscape features such as plant materials, berms, boulders, fencing and similar design elements unincorporated or in conjunction with the freestanding signs are required and are not counted as allowable sign area.
§ 195-38. Prohibited signs. [Amended 5-9-2002 by Ord. No. 2.02; 9-13-2012 by Ord. No. 3-2012]
- Signs facing residential districts. No sign, except those permitted in §§ 195-35 and 195-36B, shall be permitted to face a residential district within 50 feet of such district boundary.
- Traffic interference. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs or devices. Signs, canopies and awnings shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices or the safe flow of traffic. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign, awning or canopy shall be placed so as to obstruct or interfere with traffic visibility.
- Moving or flashing signs. No sign shall be erected which has any moving, changing, scrolling, flashing, rotating, animated or brilliant intermittent messages, parts or lights or bare reflecting-type bulbs. Such signs or activities shall be removed or discontinued immediately subject to the directives and expectations of the Village following notice to the sign owner or lessee. Failure to implement the directives of the Village shall be subject to penalties per § 195-45 of this article and removal of the sign per § 195-39 of this article. Excluded are electronic variable message (EVM) signs allowed by conditional use permit subject to the regulations of § 195-42 of this article and to the provisions of the conditional use permit issued by the Village.
- Hazardous, distracting or nuisance signs. No signs, billboards or other advertising media, as determined by the Village when considering the safety, health and general well-being of Village residents, which creates a hazard or dangerous distraction to vehicular traffic or a nuisance to adjoining residential property, shall be permitted in any district. Such signs or activities shall be removed or discontinued immediately subject to the directives and expectations of the Village following notice to the sign owner or lessee. Failure to implement the directives of the Village shall be subject to penalties per § 195-45 of this article and removal of the sign per § 195-39 of this article.
- Roof sign. No sign shall be erected on the roof of any structure or above the roof line in any zoning district in the Village.
- Off-premises signs, billboards, displays and devices. Off-premises signs, billboards, displays and devices shall not be erected in any zoning district in the Village.
- Number of signs permitted. The number of signs permitted on each premises is subject to review and final approval of the SPAR Board per Chapter 195, Article XVI, of the Village Code, however shall never be permitted to exceed the following restrictions, unless considered as part of a planned unit development per Chapter 195, Article X, of the Village Code:
(1) In B-2 Business Districts, either wall signs or protecting signs within the allowable total square footage shall be permitted on any premises, and no more than one freestanding sign for each street fronting the premises shall be permitted on any premises in accordance with § 195-38I of this article. Signs directing traffic are not included when considering the total number of signs permitted.
(2) In B-1 and B-3 Business Districts and LI Light Industrial Districts and M Manufacturing Districts, either wall signs or projecting signs within the allowable total square footage shall be permitted on any premises, and no more than one freestanding sign shall be permitted on any premises.
- Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way, except for municipal traffic control, parking and directional signs and as otherwise specified in this chapter, or be located within five feet of a property line.
- Distance between freestanding signs. The distance between freestanding signs shall be a minimum of 100 feet between freestanding signs throughout the street frontage on the same side of the street in order to prevent congestion and maintain traffic visibility. The distance between freestanding signs on the same lot or a lot in common ownership shall be a minimum of 300 feet between freestanding signs (such as B-2 lots abutting multiple streets, when a freestanding sign is permitted on each street).
§ 195-39. Dangerous and abandoned signs.
- Removal. All signs shall be removed by the owner or lessee of the premises upon which the sign is located when a business which it advertises has not been conducted for a period of 30 days or when, in the judgment of the Village, such sign is so old, dilapidated or has become so out of repair as to be dangerous or unsafe, whichever occurs first. If the owner or lessee fails to remove it, the Village Board, or its designee, may remove the sign at cost of the owner, following adequate written notice. The owner may appeal the Village Board’s or its designee’s decision to the Board of Appeals.
- Alterations. For signs erected before the adoption of this article, said signs shall be removed if considered nonconforming signs and rebuilt or relocated to conform to this article if the cost of reconstruction or relocation is 50% or more of their replacement value, unless otherwise specified in this article. [Amended 9-13-2012 by Ord. No. 3-2012]
- Violations. All signs constructed or maintained in violation of any of the provisions of this article are hereby declared public nuisances within the meaning of this Code. In addition to the penalty provisions for violation of this chapter, the Village Board or its designee may bring an action to abate the nuisance in the manner set forth in the Wisconsin Statutes.
| Property owners may appeal violations to the Village Board within 90 days of being noticed. |
§ 195-40. Variances. [Amended 9-13-2012 by Ord. No. 3-2012]
Variances or exceptions to these sign regulations may be considered by the Board of Appeals under extenuating circumstances.
§ 195-41. Construction and maintenance. [Amended 10-12-2000 by Ord. No. 1.00]
- Installation. All signs shall be properly secured, supported and braced and shall be kept in reasonable structural condition and shall be kept clean and well painted at all times. Bolts or screws shall not be fastened to window frames. Every sign and its framework, braces, anchors and other supports shall be constructed of such material and with such workmanship as to be safe and satisfactory to the Village.
- General requirements.
(1) Construction standards. Signs shall be constructed in a safe structural manner in accordance with the National Building Code and the National Electrical Code, with fireproof and fire-resistant materials, and the Wisconsin state codes, if more restrictive. All signs shall withstand a wind load pressure of 30 pounds per square foot of surface and shall also be fastened, supported and maintained so as to withstand a wind load pressure of 30 pounds per square foot per the American Society of Engineering.
(2) [10]Illuminated signs. Any illuminated signs shall not interfere with surrounding properties or traffic.
(3) Prohibited mounting. No signs shall be painted on, attached to or affixed to any trees, rocks or other similar organic or inorganic natural matter, including utility poles or apparatus.
(4) Blanketing. Blanketing of signs shall not be allowed.
(5) Maintenance. All signs, including supports and attachments, shall be properly maintained and have an appearance that is neat and clean. All signs shall be kept in good structural condition, well painted and clean at all times, and the immediate premises shall be maintained in a clean, sanitary and inoffensive condition and kept free and clear of all obnoxious substances, rubbish and weeds.
(6) Annexed areas. All signs in newly annexed areas shall comply with this article. Annexed properties containing off-premises signs, billboards, displays and devices shall remove said off-premises signs, billboards, displays and devices within three years of the adoption of an annexation ordinance by the Village. [Amended 9-13-2012 by Ord. No. 3-2012]
- Search lights. The Village Board may permit the temporary use of a search light for advertising purposes in any district provided that the search light will not be located in any public right-of-way, will not be located closer than 10 feet to an adjacent property and will not cause a hazard to traffic or adjoining properties. Search light permits shall not be granted for a period of more than five days in any six-month period.
§ 195-42. Electronic variable message (EVM) signs and portable and temporary signs. [Amended 10-12-2000 by Ord. No. 1.00; 9-13-2012 by Ord. No. 3-2012]
- Electronic variable message (EVM) signs.
(1) Conditional use requirement. With the exception of EVM signs only displaying time and temperature or displaying gas prices, all EVM signs shall be prohibited unless exclusively permitted only as a conditional use following issuance of a conditional use permit per § 195-22 of Article IX of Chapter 195 of the Village Code and subject to the following restrictions of this section and all of Chapter 195 of the Holmen Village Code of Ordinances. [Amended 9-10-2020 by Ord. No. 5-2020]
(2) Location. [Amended 9-10-2020 by Ord. No. 5-2020]
(a) EVM signs displaying only time and temperature or displaying gas prices shall be permitted in all business districts; all other forms of EVM signs shall be located only in B-2 Business Districts, B-1 Business Districts or in any zoning district when on school, religious or Village owned property, and only when the proposed location is not part of a Design Overlay District as defined in Article VIII of Chapter 195 of the Holmen Village Code of Ordinances. EVM signs on school, religious or Village owned property may display only public and community service information and civic and charitable events.
(b) EVM signs shall be located only on single-user lots.
(c) A maximum of one EVM sign shall be permitted per zoning lot; the sign shall be placed along the approved corridor frontage only.
(d) EVM signs shall be located only on freestanding signs. EVM signs shall not be permitted in windows (indoors or outdoors) when viewable to the public in any manner, nor shall such signs be permitted on any wall face of a building. EVM signs shall be built and maintained as part of the primary, on-premises sign and shall be combined with the primary sign when calculating the total square footage of the sign face.
(3) Operation.
(a) Excluding the display of registered trademarks, logos, pictures or other images, all copy, characters and messaging shall be set against a dark background.
(b) The message shall not flash, scroll, scintillate, alternate, fade in or fade out. Illumination representing movement shall be prohibited. Illumination representing animation shall be prohibited. Illumination representing traveling or segmented message displays shall be prohibited.
(c) Any message on an EVM sign shall be displayed for a minimum of two seconds. [Amended 12-13-2012 by Ord. No. 9-2012]
(d) EVM signs shall be equipped with photosensitive equipment which automatically adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor illumination (This capability shall exist independent of scheduled dimming by use of software.) such that the light level does not exceed 0.3 footcandle above ambient light, as measured using a footcandle meter at a preset distance depending on sign size. Measuring distance shall be calculated as follows: the square root of the product of the total EVM sign area multiplied by 100. (Example using a twelve-square-foot sign: SYMBOL(12 x 100) = 34.6 feet measuring distance).
(e) Messaging that violates the definition, and therefore the defined purpose of an EVM sign, shall be prohibited.
(f) EVM signs shall be maintained so as to be able to display messages in a complete and legible manner.
(4) Size. Excluding display of gas prices, the EVM sign portion of a freestanding sign shall not exceed 40% of the total sign area (square footage).
(5) EVM signs existing as of September 13, 2012. Unless in conflict with the provisions of an approved conditional use permit or sign permit, all EVM signs existing prior to the passing of this ordinance (September 13, 2012), shall be permitted to abide by the following operational restrictions; however once the EVM sign is removed, replaced, relocated or for whatever reason loses its legal nonconforming status, the sign must conform to all provisions of this article, including § 195-42A(3):
(a) No EVM sign shall be permitted to flash or display flashing, rotating or brilliant intermittent messages. (To avoid the creation of a flashing image or message, it is recommended that any message on an EVM sign be displayed for a minimum of two seconds.) [Amended 12-13-2012 by Ord. No. 9-2012]
(b) EVM signs yest designed for the purpose of traveling messages must ensure that no message travels more slowly than 16 light columns per second and yet no faster than 32 columns per second.
(c) Messaging that violates the definition, and therefore the defined purpose of an EVM sign, shall be prohibited.
(d) No EVM sign or message shall create a hazard or dangerous distraction to vehicular traffic or a nuisance to adjoining residential property. (To avoid the creation of a hazard, dangerous distraction or potential nuisance due to the brightness and contrast of the sign, it is recommended that the skin be adjusted so that the brightness and contrast of the sign does not exceed 0.3 footcandle, above ambient light).
- Portable and temporary signs.
(1) Such signs shall be limited in use to 30 days at a time following approval by the Village, provided, however, that the Village shall not give approval for placement of a portable sign if it presents a vision obstruction, and it shall not be displayed more frequently than one time per year at any one location. No more than one sign per premises shall be permitted. Temporary EVM signs are prohibited.
(2) The maximum size shall be 32 square feet on each face, back to back.
§ 195-43. Nonconforming signs.
- Signs eligible for characterization as legal nonconforming. Any sign located within the Village of Holmen limits as of the date of adoption of this chapter hereafter which does not conform to the provisions of this article is eligible for characterization as a legal nonconforming sign and is permitted, providing it meets the following requirements:
(1) The sign was covered by a proper sign permit prior to the date of adoption of this article.
(2) If no permit was required under the applicable law for the sign in question and the sign was, in all respects, in compliance with applicable law on the date of adoption of this article.
- Loss of legal nonconforming status.
(1) A sign loses its nonconforming status if one or more of the following occurs:
(a) If said sign is damaged by fire, flood, explosion, earthquake, war, riot or Act of God or structurally altered in any way, except for normal maintenance and repair. The sign may be reconstructed and used as before if it is reconstructed within three months after such calamity, unless the damaged to the sign is 50% or more of its replacement value, in which case the constructed sign shall comply with the provisions of this article.
(b) The sign is removed, replaced or relocated. [Amended 9-13-2012 by Ord. No. 3-2012]
(c) The sign fails to conform to the Village requirements regarding maintenance and repair, abandonment or dangerous or defective signs.
(d) The sign is declared to be a hazard, is distracting or is a nuisance as determined by the Village when considering the safety, health and general well-being of Village residents, such as off-premises signs, billboards, displays and devices, or signs which create a hazard or dangerous distraction to vehicular traffic or a nuisance to adjoining residential property. When considering the removal or discontinuance of a hazardous, distracting or nuisance sign, billboard, display or device, the Village may choose to pay just compensation as required by Wisconsin state law. [Added 9-13-2012 by Ord. No. 3-2012]
(2) On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this article with a new permit secured therefor or shall be removed.
- Legal nonconforming sign maintenance and repair. Nothing in this article shall relieve the owner or user of a legal nonconforming sign or the owner of the property in which the sign is located from the provisions of this article regarding safety, maintenance and repair of signs.
§ 195-44. Awnings and canopies.
- Permitted awnings. No awnings shall be erected or maintained, except such awnings as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:
(1) Support. Awnings shall be securely attached to and supported by the building and shall be without posts or columns beyond the setback line.
(2) Height. All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet above the level of the public sidewalk or public thoroughfare.
(3) Setback from curbline. No awning shall extend beyond a point four feet into the right-of-way.
(4) Advertising. No advertising shall be placed on any awning, except that the name of the establishment within the building to which the awning is attached may be painted or otherwise permanently placed.
(5) Awning insurance requirements. Every applicant for a permit for awning which will overhang the public street or sidewalk shall, before the permit is granted, file with the Village Administrator a liability insurance policy with minimum limits of $50,000 for personal injury to any person and $100,000 for property damage which shall indemnify and save harmless the Village of Holmen from any and all damages, judgments, costs or expense which the Village may incur or suffer by reason of the granting of said permit.
- Permitted canopies. No canopies shall be erected or maintained, except such canopies as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:
(1) Support. The structural support of all canopies shall be designed by a licensed professional engineer and approved by the Village as in compliance with the building code of the Village. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in § 195-41 of this article. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.
(2) Height above sidewalk. All canopies shall be constructed and erected so that the lowest portion thereof shall not be less than eight feet above the level of the sidewalk or public thoroughfare.
(3) Setback from curb. No canopy shall extend beyond a point four feet from the face of a wall or building.
(4) Advertising. No advertising shall be placed on any canopy, except that the name of the establishment may be painted or placed in a space not exceeding 24 inches in average height on the front and side edges. Such name may be so painted or placed irrespective of any prohibition otherwise applicable hereunder.
(5) Canopy insurance requirements. Every applicant for a permit for a canopy which will overhang the public street or sidewalk shall, before the permit is granted, file with the Village Administrator a liability insurance policy with minimum limits of $50,000 for personal injury to any person and $100,000 for any one accident and $10,000 for property damage which shall indemnify and save harmless the Village of Holmen from any and all damages, judgments, costs or expense which said Village of Holmen may incur or suffer by reason of the granting of said permit.
- [11] 195-45. Violations and penalties.
- Any person, firm or corporation who or which begins, erects or completes the erection or construction of any sign controlled by this article prior to the granting of a permit shall pay a penalty of four times the amount of the permit otherwise required.
- If the Village finds any sign regulated herein unsafe or insecure or a menace to the public, it shall give written notice to the sign owner and to the property owner.
- If such sign owner fails to remove or alter the sign so as to comply with the standards herein set forth within five days after such notice, the Village Board may cause such sign to be removed or altered at the expense of the owner of the sign or the owner of the property upon which it is located so as to comply with the provisions of this article.
- Any person, firm or corporation who or which violates any provision of this article shall be subject to the penalties prescribed in Article XIV. Each day, or portion thereof, that such violation continues is hereby deemed to constitute a separate offense.
ARTICLE XIII
Board of Appeals
§ 195-46. Establishment; membership; procedures.
- A Board of Appeals is hereby established as specified by Wisconsin Statutes Sections 61.35 and 62.23(7)(e). The Board of Appeals shall consist of five members appointed by the Village President, subject to confirmation by the Village Board, for three years, except that of those appointed one shall serve for one year, two for two years and two for three years. The members shall serve without compensation and shall be removable by the President for cause upon written charges and after public hearing. The President shall designate one of the members Chairperson. The President shall appoint an alternate member for a term of three years, who shall act with full power only when a member of the Board of Appeals refuses to vote because of conflict of interest or when a member is absent.
(1) Vacancies shall be filled for the unexpired terms of members whose terms become vacant.
(2) Not more than one member of Village Board may be a member of the Board of Appeals.
(3) The Board of Appeals may employ a secretary and other employees.
- The Board of Appeals shall adopt rules for its government and procedure. Meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board of Appeals may determine. The Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
- The Board of Appeals 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 examinations and other official actions, all of which shall be immediately filed in the office of the Village Clerk and shall be a public record.
- Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Village of Holmen affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board of Appeals, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The Board of Appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof, as well as due notice to the parties of interest, and shall decide the same within 90 days of receiving a notice of appeal.[12]
§ 195-47. Powers and duties.
- The Board of Appeals shall have the following powers:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector.
(2) To hear and decide special exceptions to the terms of this chapter upon which the Board of Appeals is required to pass.
(3) To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions peculiar to a specific lot or tract of land, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. In every case where a variance from these regulations has been granted by the Board of Appeals, the minutes of the Board shall affirmatively show that a practical difficulty or unnecessary hardship exists, and the records of the Board shall clearly show in what particular and specific respects a practical difficulty or an unnecessary hardship is created.
(4) 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 purposes of this chapter, for such public utility purposes which are reasonably necessary for public convenience and welfare.
- The Board of Appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made and to that end shall have all the powers of the Building Inspector. The concurring vote of four members of the Board 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 this chapter.[13]
- In addition to the foregoing, the Board of Appeals shall have the following specific powers:
(1) To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the Zoning Map accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout on the aforesaid map.
(2) To call on any other Village department for assistance in the performance of its duties, and it shall be the duty of such other departments to render such assistance as may be reasonably required.
- Except as specifically provided, no action of the Board of Appeals shall have the effect of permitting in any district uses prohibited in such district.
- In exercising the foregoing powers, the Board of Appeals may, in appropriate cases, establish suitable conditions and safeguards in harmony with the general purposes and intent of this chapter.
ARTICLE XIV
Enforcement and Penalties
§ 195-48. Building permits.
- General permit requirements. No building of any kind shall be moved within or into the Village of Holmen and no new building or structure, or any part thereof, shall hereafter be erected or ground broken for the same or enlarged, altered, moved, demolished, razed or used within the Village of Holmen, except as herein provided, until a permit therefor shall first have been obtained by the owner or his authorized agent from the Zoning Officer or Building Inspector.[14]
- Alterations and repairs. The following provisions shall apply to buildings altered or repaired:
(1) Alterations. When not in conflict with any regulations, alterations to any building or structure, or building component of system accommodating a legal occupancy or use but of substandard type of construction, which involves either the structural members of floors, roofs, beams, girders, columns, bearing or other walls, room arrangement, heating or air-conditioning systems, electrical systems, plumbing systems, light and ventilation systems, changes in location of exit stairways or exits or any or all of the above, then such existing construction shall be made to conform to the minimum requirements of this chapter applicable to such occupancy and use and given type of construction.
(2) Repairs. Repairs for purposes of maintenance, replacements in any existing building or structure which do not involve the structural portions of the building or structure or which do not affect room arrangement, light and ventilation, access to or efficiency of any existing stairways or exits, fire protection or exterior aesthetic appearance and which do not increase a given occupancy or use shall be deemed minor repairs.
(3) When alterations not permitted. When any existing building or structure, for any reason whatsoever, has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, as determined by the Assessor, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare and shall be ordered vacated and thereafter demolished and debris removed from the premises within 30 days of notice thereof.
(4) Alterations and repairs required. When any building or structure or building component thereof, whether existing or being constructed, has deteriorated from any cause whatsoever to less than its designed or safe performance level, the owner of such building or structure shall commence within 48 hours to cause such building or structure, or building component thereof, to be restored to its designed or safe performance level. Failure to restore shall cause the building or structure or building component thereof to be considered a menace to public safety and welfare and it shall be ordered vacated and disconnected from utilities, and thereafter no further occupancy or use shall be permitted. If the orders of the Building Inspector are not complied with after due notice and within 30 days, the Building Inspector shall proceed as required by this chapter to have such building or structure demolished.
(5) Use of unsanitary building. No person shall occupy or use, or permit to be occupied or used, any building or structure that is unsanitary, dilapidated, deteriorated or out of repair, thereby being unfit for human habitation, occupancy or use, until the regulations of this chapter are complied with.
(6) Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.
§ 195-49. Issuance of building permits.
- New construction. Building permits for new construction shall be issued by the Building Inspector in not less than five nor more than 10 days after a completed building permit application has been submitted to the Building Inspector.
- Structural additions and accessory buildings. Building permits for structural additions or accessory buildings shall be issued by the Building Inspector in not less than five days nor more than 10 days after a completed building permit application has been submitted to the Building Inspector.
- Remodeling or demolition. Building permits for remodeling or demolition shall be issued by the Building Inspector in not less than five days nor more than 10 days after a completed building permit application has been submitted to the Building Inspector.
- Permit expiration. The building permits shall expire within one year.
§ 195-50. Zoning Officer.
- There is hereby created the office of Zoning Officer for the Village of Holmen as the administrative and enforcement officer for the provisions of this chapter.
- The Village Board shall designate the Zoning Officer. For such duties, there may be provided the assistance of such additional persons as the Village Board may direct.
- Duties. it shall be the duty of the Zoning Officer to administer, supervise and enforce the provisions of this chapter and to:
(1) Record all permits issued, inspections made, work approved and other official actions.
(2) Inspect all structures, lands and waters as often as is necessary to assure compliance with this chapter.
(3) Investigate all complaints made relating to the location of structures and the use of structures, lands and waters.
(4) Give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises.
(5) Report uncorrected violations to the Village Attorney and assist him in the prosecution of said violations.
(6) Prepare agendas for the Village Planning Commission and Board of Appeals, including processing of applications for action by those bodies.
- Powers. The Zoning Officer shall have all the powers necessary to enforce the provisions of this chapter, including the following. The Zoning Officer shall:
(1) Issue zoning permits and occupancy certificates upon application for the erection or use of a structure, land, air or water where such erection or use complies with all of the provisions of this chapter.
(2) Permit temporary events for periods not to exceed 10 days for specific purposes, such as temporary carnivals, sports activities over public ways, church bazaars, charity fund raisers and revival meetings which are not detrimental to the public health, safety, morals, comfort, convenience or general welfare; provided, however, that said use or operation and any incidental temporary structures or tents are in conformance with all other ordinances and codes of the Village.
(3) Enter premises, public or private, at any reasonable time for any proper purpose to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Section 66.122 of the Wisconsin Statutes, except in case of emergency.[15]
(4) Revoke any zoning permit or occupancy certificate upon reasonable cause or question as to proper compliance and issue cease and desist orders requiring the cessation of any activity which is in violation of this chapter, such revocation to be effective until reinstated by the Zoning Officer or the Board of Appeals.
(5) Commence any legal proceedings in the name of the Village and with the authorization of the Village Board necessary to enforce the provisions of this chapter.
(6) Recommend to the Planning Commission any additional use regulations the Zoning Officer shall deem necessary to make the operation of this chapter more effective.
§ 195-51. Zoning permit and occupancy certificate.
- Required. No new building and no existing building which is to be remodeled or relocated shall be issued a building permit until a zoning permit is issued certifying that such construction or change would comply with the provisions of this chapter, based upon the information and plans supplied to the Zoning Officer as required hereunder. Occupancy or use of land, water or buildings and structures shall be prohibited until an occupancy certificate has been issued certifying that all appropriate provisions of this chapter have been met.
- Procedure. Applications for zoning permits and occupancy certificates shall be made to the Zoning Officer on forms furnished by the Zoning Officer prior to or at the same time as an application for a building permit or prior to the commencement of any use not involving a building permit and shall include the following where pertinent and necessary for proper review:
(1) A statement by the applicant as to the intended use of the premises and buildings thereon.
(2) An accurate map of the property drawn to a reasonable scale and properly dimensioned showing:
(a) The boundaries of the property involved and address, including subdivision lot and block number or metes and bounds description.
(b) The location of the center line of any abutting streets, existing highway access restrictions, proposed street access points and the locations of off-street parking, loading areas and driveways.
(c) The location on the lot of any existing buildings, proposed additions or proposed new buildings, including the measured distances between such buildings and from the lot lines and from the center of any abutting street to the nearest portion of such building.
(d) The proposed floor elevation of any proposed buildings in relation to the existing and/or established grade of any abutting streets and the general direction of surface drainage on the lot, including the defined location of any defined drainageway. Such elevation shall be referenced to mean sea level datum.
(e) The high water line of any stream or lake which abuts the property or otherwise directly affects it by flooding.
(f) The boundaries of soil types shown as existing on the property on USDA Soil Conservation Service maps where these are required by the Zoning Officer.[16]
(3) Water supply. Where the proposed use involves human occupancy and connection is not to be made to municipal water service, satisfactory evidence that a safe and adequate supply of pure water is to be provided and the location of any well for that purpose shown on the above map.
(4) Sewage service. Where the proposed use involves human occupancy and connection is not to be made to the municipal sewer system, satisfactory evidence from the County Sanitarian must be provided that an on-site system will be provided. Location of the proposed system must be shown on the map.
- Permit issuance. Upon determination of compliance by the Zoning Officer of the applicant’s request with all applicable provisions of this chapter, including where necessary approval by the Planning Commission of the building site, and upon payment of the proper fee, a zoning permit shall be issued. The applicant shall post such permit in a conspicuous place at the site.
- Final inspection. Within 72 hours after the notification of the completion of the erection, alteration or relocation of the building, the Building Inspector shall make an inspection of the premises and any building thereon, and if the building and the intended use thereof and the proposed use of the premises comply with the requirements of this chapter an occupancy certificate shall be issued upon request.
- Expiration. If within 12 months of the date of application for a zoning permit no occupancy certificate has been issued, any zoning permit related thereto shall lapse and the Zoning Officer shall make immediate investigation to ascertain that no use or occupancy has in fact commenced without proper authority. Upon showing of valid cause, the Zoning Officer may grant an extension of such permit for a period not to exceed six months.
- Temporary occupancy certificate. Pending the issuance of a regular permit, a temporary permit for a nonresidential use may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.
§ 195-52. Fees. [Amended 5-9-2002 by Ord. No. 2.02]
- Fees for building permits, demolition permits, occupancy certificates, conditional uses, zoning changes and amendments, variances or other requests before the Board of Appeals shall be required to defray the costs of administration, map preparation, inspection, public notices and recordkeeping. The Board shall establish a fee schedule by resolution, and the fee schedule shall be published and made available through the Zoning Officer and Building Inspector.
- Double fees. A double fee may be charged by the Zoning Officer or Building Inspector if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.
§ 195-53. Violations and penalties. [Amended 10-12-2000 by Ord. No. 1.00]
Any person, firm or corporation who or which violates, disobeys, neglects, omits or refuses to comply with or who or which resists the enforcement of any of the provisions of this chapter shall, upon conviction, forfeit not less than $10 nor more than $200 for each offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail of La Crosse County until said forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense. Notwithstanding such forfeiture or imprisonment, action may be brought to enjoin, remove or vacate any use, erection, moving or alteration of any building or use in violation of this chapter.
ARTICLE XV
Performance Standards
§ 195-54. Purpose; compliance required.
This chapter permits specific uses in specified 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.
§ 195-55. Noise.
The volume of sound inherently and recurrently generated shall not exceed the following standards at any point along the boundaries of the zone in which the use is located:
- Objectionable sounds of an intermittent nature shall be controlled so as not to become a nuisance to adjacent uses.
- Maximum sound-pressure levels shall be measured with a sound-level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association and shall not exceed the values for octave bands lying within the several frequency limits given in the following table after the application of appropriate corrections. [Amended 8-11-2011 by Ord. No. 3.11]
| B-1, B-2 or B-3 Districts | ||
| Frequency Ranges Containing Standard Octave Bands in Cycles Per Second | Octave Band Sound-Pressure Level in Decibels | |
| 0 to 74 | 72 | |
| 75 to 149 | 67 | |
| 150 to 299 | 59 | |
| 300 to 599 | 52 | |
| 600 to 1,199 | 46 | |
| 1,200 to 2,399 | 40 | |
| 2,400 to 4,800 | 34 | |
| Above 4,800 | 32 | |
| Type of Operation or Noise | Correction in Decibels | |
| Daytime operation only | +5 | |
| Noise of impulsive character (e.g. hammering) | -5 | |
| Noise of periodic character (e.g. hum or screech) | -5 |
| Manufacturing District | ||
| Frequency Ranges Containing Standard Octave Bands in Cycles Per Second | Octave Band Sounds-Pressure Level in Decibels | |
| 0 to 74 | 79 | |
| 75 to 149 | 64 | |
| 150 to 299 | 66 | |
| 300 to 599 | 59 | |
| 600 to 1,199 | 53 | |
| 1,200 to 2,399 | 47 | |
| 2,400 to 4,800 | 41 | |
| Above 4,800 | 39 | |
| Type of Operation or Noise | Correction in Decibels | |
| Daytime operation only | +5 | |
| Noise of impulsive character (e.g. hammering) | -5 | |
| Noise of periodic character (e.g. hum or screech) | -5 |
§ 195-56. Vibration.
An operation which creates vibrations that can be measured without instruments, e.g. heavy drop forges or heavy hydraulic surges, shall be set back:
- In all B Districts, a distance of not less than 500 feet from all lot lines, except where a lot line abuts an M District, in which case no setback is required.
- In an M District, a distance of not less than 500 feet from the district boundaries.
§ 195-57. Radioactivity.
No operation shall be permitted which causes radioactivity in violation of Title 10, Chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, dated June 16, 1957, or any subsequent revisions or amendments.
§ 195-58. Odor. [Amended 10-12-2000 by Ord. No. 1.00]
In all B and M Districts, no emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.
§ 195-59. Toxic or noxious matter.
No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business, shall be permitted.
§ 195-60. Glare.
No direct or reflected glare from any M District shall be detectable from any R District boundary.
§ 195-61. Heat.
No direct or reflected heat from any M District shall be detectable from any R or B District boundaries.
§ 195-62. Dust.
No solid or liquid particles shall be emitted in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air.
§ 195-63. Fly ash.
- No emission of fly ash in excess of the quantity specified in the following table shall be permitted:
| Heat in Fuel Burned (British) thermal
(units per hour) |
Fly Ash: Rate of Emission
(pounds per hour) |
|
| 1,000,000 | 1 | |
| 100,000,000 | 100 | |
| 400,000,000 | 330 | |
| 1,000,000,000 | 750 | |
| 2,000,000,000 | 1,365 | |
| 3,000,000,000 | 1,850 | |
| 4,000,000,000 | 2,260 | |
| 5,000,000,000 | 2,640 | |
| 6,000,000,000 | 2,950 | |
| 7,000,000,000 | 3,200 | |
| 8,000,000,000 | 3,410 | |
| 10,000,000,000 | 3,750 |
- For heat content between any two consecutive heat contents given in the table, the fly ash limitation shall be as determined by interpolation.
§ 195-64. Smoke.
No emission of smoke from any source, as measured on the Ringelmann Chart published by the United States Bureau of Mines, shall be permitted in excess of:
- In all B Districts, a density described as Ringelmann No. 2, provided that a density equal to Ringelmann No. 3 may be emitted for not more than three minutes in any 15 consecutive minutes.
- In the M District, a density described as Ringelmann No. 3.
ARTICLE XVI
Site Plan and Architectural Review
[Added 5-10-2012 by Ord. No. 4-2012]
§ 195-65. Establishment; purpose; membership.
There is hereby established a Site Plan and Architectural Review Board for the Village of Holmen, for the purpose of implementing the goals and purposes of the Comprehensive Plan, promoting compatible developments, aesthetics, stability of property values and preventing impairment or depreciation of existing developments. The Site Plan and Architectural Review (SPAR) Board shall consist of the seven members of the Village of Holmen Planning Commission, as appointed by the Village President, subject to confirmation by the Village Board. The Planning Commission, when operating and acting as the SPAR Board, shall operate in accordance with the provisions of this article. No commercial (business), industrial (manufacturing), multifamily (defined as three or more residential units), or institutional structure (public or private) shall be erected, moved, reconstructed, extended or have its exterior altered or changed without the SPAR Board’s approval. Very small accessory structures (i.e., fences, very small signs, etc.) and very minor exterior alterations may be exempted by the Administrator or his designee from SPAR Board review; however the Administrator or his designee may at any time request a determination by the SPAR Board.
§ 195-66. Powers.
The Planning Commission, operating and acting as the SPAR Board, shall have the power to:
- Hear and decide development applications for building plans and site plans, for permission to erect, move, reconstruct, extend, alter or change the exterior, landscape, location of HVAC and utilities, signage and lighting for all commercial, industrial, multifamily and institutional uses.
- Direct architectural design to conform to a particular form and style, as specified in applicable sections of the Comprehensive Plan and of the Zoning Code (such as overlay districts, or areas requiring design sensitivity, i.e., when in close proximity to highways, the central Village core and residential development).
- Require more restrictive or stringent standards than those of the zoning district in which the development is located so as to meet the intent to this article and the goals of the Comprehensive Plan.
- Approve, deny or conditionally approve the application and may request such modifications as it may deem necessary to carry out the purpose of this article.
- Request assistance from other municipal officers, departments, boards and commissions.
- Request the applicant to furnish additional information.
- Hear and decide on applications for building and/or occupancy permits pertaining to significant historic structures, sites or features.
§ 195-67. Principles.
To implement and define criteria for implementing the goals and the purposes set forth in the Village’s Comprehensive Plan, the following principles are established:
- No building or sign, the design or exterior appearance of which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards, shall be permitted.
- No building or sign, the design or exterior appearance of which is so similar to those within reasonable proximity as to create excessive monotony or drabness, shall be permitted.
- No building or sign where any exposed facade is constructed or faced with a finished material which is aesthetically incompatible with the other facades and which presents an unattractive appearance to the public and to surrounding properties shall be permitted.
- No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.
- Development and redevelopment shall be consistent with the public goals, objectives, principles, standards, policies and design guidelines set forth in the adopted Village Comprehensive Plan or components thereof to accomplish the creation of the Village’s visual identity.
- The use or uses proposed in the development must be either permitted or conditional uses in the zoning district in which the development is located.
- Any accessory use or uses proposed in the development shall conform to the allowable accessory uses in the zoning district in which the development is located.
- All submitted plans shall at a minimum conform to all other applicable standards of the Village Municipal Code.
§ 195-68. Design guidelines.
The following design guidelines are established for all development applications for commercial, industrial, multifamily and institutional uses:
- Building design.
(1) Architectural style is not restricted; however, structures shall be consistent or compatible with the surrounding area. Compatibility may be achieved through the use of various visual architectural elements, such as similar rooflines, building orientations, forms/shapes, proportions (scale and mass), door and window patterns (fenestration), textures, materials, colors and other architectural detailing. Building lighting, signage and mechanical equipment also shall be presented as an integral part of the building design and shall not detract from the architectural style of the building.
(2) The composition of major building elements, such as massing, rooflines, colors and material shall complement and contribute to a desirable community identity.
(3) Colors shall be harmonious and relate to the overall site and to the Village as a whole. Bright complementary colors may be used for highlighting purposes (accenting), provided that such colors do not overbear the integrity of the building facade.
(4) Rooftop mechanical equipment, trash/dumpster areas, and other utility hardware located on the site shall be screened from public view with building and landscape material or be located in a manner that is unobtrusive.
(5) No rows of garage doors for multifamily uses and no overhead service doors or loading docks shall face a public street. The SPAR Board may allow such features to face a public street when it finds that there is no feasible alternative orientation for such doors or docks and, insofar as is practicable, such doors and docks facing public streets are to be screened with landscaping and/or softened by architectural detailing.
(6) Accessory buildings and structures shall be compatible with the principal building in terms of building facade character, roof shapes, materials, colors and architectural details.
- Exterior building materials.
(1) Materials shall be consistent or compatible with the architectural character of the Village and shall be consistent with the surrounding area. Where the proposed materials are dissimilar to prevailing materials used on existing buildings in the area, other characteristics such as form, proportion, texture, color and detailing shall be utilized to ensure that adequate similarity exists for the building to be compatible, despite the use of different materials.
(2) Materials shall be of durable quality.
(3) The facades of buildings shall be finished with an aesthetically pleasing material(s), such as natural or cultured stone, brick, wood, glass panels, or ornate masonry materials, except where the building style requires a different material. No plain concrete-block or plain concrete-panel buildings or smooth or corrugated metal-faced buildings that are devoid of an architectural merit or character, except those with an attractive finished surface listed above, may be allowed.
(4) Building facades clad with a single exterior surface material shall provide some additional architectural design elements to break up the plane of large faceless and/or nondescript walls. This may be achieved by architectural design treatments consistent with the principal building design.
- Lighting standards.
(1) All exterior parking areas must be illuminated.
(2) Illuminating curb cuts and entrances to parking areas is encouraged.
(3) All exterior lighting shall be energy efficient and shall be located, oriented and of an intensity to illuminate only the building site or lot, where located, without detrimentally affecting activity on adjacent sites or lots or traffic on streets and highways.
(4) Lighting shall not be located on the roofs of buildings. Any lights affixed to a building shall be oriented downward at an angle from the vertical so as to light only areas of the site.
(5) Lights may not flash, pulsate, be so bright as to impair or hinder vision on public streets or adjacent building sites, or otherwise constitute a nuisance.
(6) Mixing of lighting types (i.e., sodium vapor, incandescent, mercury vapor and metal halide) shall be avoided.
(7) Integration of similar lighting fixtures is encouraged.
(8) Exterior lighting shall not shine on or adversely impact neighboring properties or streets.
(9) Exterior lighting components, such as fixtures, standards and exposed accessories, should be consistent with the overall site design.
(10)The height of exterior lighting fixtures shall be compatible with the scale of adjacent buildings.
- Landscaping.
(1) Landscape design shall be integrated with the overall site plan and not be considered merely as an afterthought. Interesting or creative landscape architectural designs that use a diverse variety of plants integrated with other landscaping materials or features should be provided to avoid uncreative and monotonous landscaping.
(2) Landscape plans shall be well-planned and effective in the following areas: along street frontages, within and around paved parking areas and within buffer yards as screening for adjoining properties.
(3) Terrace/street trees shall be planted to provide a street frontage buffer.
(4) Paved parking areas shall be landscaped in order to minimize the impact of large expanses of pavement. Large paved areas shall include well-designed landscape islands. Planter islands shall contain trees and shrubs. Parking areas shall also be screened along the periphery to soften the impact for adjoining properties. Parking areas shall be curbed and control site stormwater.
(5) Landscaping shall be used to screen loading areas, dumpsters and mechanical equipment from public view; or they shall be located so as not to be visible from public ways. If landscaping materials are used, they shall form an immediate, solid and continuous screenl Solid fencing with landscaping as an accent may be necessary to totally screen loading areas, trash dumpster areas or mechanical equipment from view.
(6) Trees and shrubs shall not create blind spots along traffic ways for pedestrians or vehicular traffic.
(7) In addition to the minimum landscaping and greenspace required in the zoning district in which the development is located, the site plan and landscape plan shall provide suitable greenspace and landscaping to conform to the overall intent of this article’s site plan and architectural review standards.
(8) Fences shall be constructed of material and shall be sized and located in a manner that shall complement the building and adjacent properties.
- Signage.
(1) Signs shall be consistent or compatible with the architectural character of the principal building and/or the surrounding area.
(2) Every sign shall be considered within its setting and designed according to the scale and proportions in which it will be viewed.
(3) The mass of an awning used as a sign shall not dominate the facade of the building to which it is attached.
(4) Freestanding signs shall be appropriately landscaped, however and whenever possible.
§ 195-69. Applications for review.
Applications for review by the SPAR Board shall be made to the Administrator and shall be accompanied by the following required documents that shall include and identify the exterior elevations of the existing and proposed structure, description of the proposed materials and color schemes, the overall site plan (also identifying loading areas, any outside storage and any accessary structures), the HVAC and utility locations, the parking plan, the landscaping plan, the stormwater plan, the signage plan, the lighting plan and when necessary a floor plan.
- Process.
(1) Applicants shall be responsible for all required submittal information. Applications that are considered incomplete shall not proceed to the SPAR Board for consideration.
(2) The Administrator or his designee shall determine if the application requires review, as a very small accessory structure or very minor exterior alteration may be exempted from this process.
(3) Should an application require SPAR Board review, the applicant is encouraged to work with Village staff to formalize a final application. Necessary Village departments shall review preliminary proposals and submit comments and recommendations to the applicant. At the request of the applicant or Village staff, and to expedite the process, a meeting or meetings may be held to discuss the review comments and recommendations toward creating a final application consistent with this article.
(4) Following preliminary discussions, and review of comments and recommendations, Village staff or the applicant may request a preliminary concept or feedback review from the Planning Commission; to informally review a specific part of or the concept of the total application. The applicant shall submit 12 plans or sets of plans (11 inches by 17 inches) to be reviewed, as requested by the Administrator, at least 10 full days prior to the Planning Commission meeting. Such discussion with the Planning Commission shall only be informational and shall not be considered a final review of the acting SPAR Board.
(5) Any resubmittal of plans submitted by the applicant in response to a preliminary review with staff or with the Planning Commission, shall be reviewed by Village staff within two weeks of resubmittal.
(6) Final review of application and appearance before the SPAR Board requires 12 complete sets (11 inches by 17 inches) of all revised and final documents as identified in this section. The applicant shall submit a complete formal application at least 10 full days prior to the regularly scheduled meeting of the Planning Commission (SPAR Board).
(7) Village staff shall review the formal submittal for compliance with the results of the preliminary review process and may present a final recommendation to the SPAR Board.
(8) The SPAR Board shall approve, approve with conditions or deny the formal review application within 60 days of submittal, or the process may be extended via written approval of the applicant.
(9) Where a rezoning of property is required, and the rezoning occurs concurrently with the site plan and architectural review process, this process may be adjusted to conform to the requirement of a public hearing at the plan commission level and review and consideration of the rezoning by the Village Board.
(10)The SPAR Board shall issue a decision, which shall be considered the final meeting for the application, and the decision shall be binding upon the applicant.
§ 195-70. Findings and modifications.
The SPAR Board shall not approve any application unless it finds that the purposes and guidelines set forth in this article have been reasonably met. In certain situations, the SPAR Board may allow modifications or grant exceptions to the guidelines set forth in this article on the basis of compelling architectural merit or where the strict application or adherence to established guidelines may be impractical or impossible due to site conditions or other circumstances beyond the control of the applicant.
§ 195-71. Decision.
The SPAR Board shall hear and decide all applications during the regularly scheduled meeting of the Planning Commission, and action on such decision shall be considered the final meeting for the application. In approving, approving with conditions or denial of a site plan and architectural review application, the SPAR Board shall state its findings toward approval or denial based on the intent and review criteria of this article. The findings of the SPAR Board shall be indicated in the minutes of its proceedings and shall be a public record. For those elements of an application that have been approved by the SPAR Board, building permits may be reasonably issued. After approval, it is the applicant’s responsibility to apply for and submit required information for a building permit, separate from this site plan and architectural review process.
§ 195-72. Appeals.
Any person aggrieved by any decisions of the SPAR Board may appeal the decision to the Village’s Zoning Board of Appeals. Such appeal shall be filed with the Clerk within 30 days after filing of the decision with the Clerk.
§ 195-73. Violations and penalties. [Amended 9-10-2020 by Ord. No. 5-2020]
Any person who violates any provision of this article shall be required to forfeit not less than $500 nor more than $2,000, plus costs, for each violation. Each consecutive day in which the violation has not been remedied shall be considered as a new violation subject to further penalty.
§ 195-74. Severability.
The provisions of this article are severable. If any provision of this article is held to be invalid or unconstitutional or if the application of any provision of this article to any person or circumstance is held to be invalid or unconstitutional, such holding shall not affect the other provisions or applications of this article which can be given effect without the valid or unconstitutional provisions or applications. It is hereby declared to be the intent of the Village Board that this article would have been adopted had any invalid or unconstitutional provision or applications not been included herein.
ARTICLE XVII
Landscaping and Bufferyards
[Added 12-14-2017 by Ord. No. 5-2017]
§ 195-75. Purpose.
The purpose of this article is to establish landscaping requirements and other regulations intended to preserve and maintain vegetation in a manner that promotes the natural resource protection, high quality aesthetics, and public health goals of the Village. It is also the intent of this article to provide flexible requirements that encourage and allow for creativity in landscape design.
§ 195-76. Applicability.
- The requirements of this article shall not apply retroactively to existing buildings, structures, or paved areas, including requirements for bufferyards.
- Any use, except for those listed under Subsection E, shall provide landscaping in accordance with the regulations of this article, including new construction and expansion activities which add impervious surface (e.g., expansion of existing buildings, structures and parking lots).
- Additional landscaping requirements may be specified by the Zoning Administrator and/or Site Plan and Architectural Review Board (SPAR Board) to meet the intent of the Village’s Comprehensive Plan.
- Where insufficient site area remains to comply with all provisions of this section, the Village may require compliance to the extent practical.
- Single family, two-family, and agricultural land uses are exempt from landscaping requirements.
§ 195-77. Landscaping plan and design standards.
- The applicant shall provide a landscaping plan prepared by a landscape architect, depicting the following:
(1) Plan shall be drawn at a reasonable scale to clearly delineate the landscape improvements and shall include a north arrow, property lines, and easements.
(2) Zoning of the subject property and abutting properties.
(3) Linear feet of the new/expanded building foundation and street frontage.
(4) Square footage of the total lot and new/expanded paved area.
(5) Existing landscaping to be removed.
(6) Existing landscaping to remain including type/name, size, number, and number of landscaping points per Figure 195.78 doubled.[17]
(7) Proposed landscaping meeting the requirements of this article including type/name, size, number, and number of landscaping points per Figure 195.78.
- Plant and groundcover material.
(1) Plant materials provided in conformance of the provisions of this section shall be of nursery quality and tolerant of individual site microclimates.
(2) Mulch is encouraged to consist of shredded bark or chipped wood or other organic material. Landscape stone mulch is discouraged.
(3) Mulches shall be installed so that they will not erode, fall, be plowed or otherwise transported into walks, drives, streets or other hard surfaced portions of the site.
- Parking lot design.
(1) Parking spaces must be broken by a tree island at the rate of one island for each linear row of 20 parking spaces.
(2) All tree islands and landscaped areas with trees shall have a minimum width of eight feet as measured from outside the curb or frame.
(3) All landscaped areas without trees, but planted with shrubs, shall have a minimum width of three feet measured from inside the curb or frame.
(4) Parking lots adjacent to residential properties shall provide opaque screening of vehicle lights to a minimum height of four feet. Screening devices may include a fence, berm, and/or evergreen trees.
- Landscaping locations.
(1) Landscaping shall be distributed throughout the property, along street frontages, within parking lot interiors, and as foundation plantings as specified in this article.
(2) Unless meeting the requirements in Subsection (3) below, landscaping shall not be located within a public right-of-way, and shall not impede vehicle or pedestrian visibility.
(3) The Village may require the street frontage landscaping to be placed within the right-of-way and shall collect fees to purchase and install such landscaping.
- Use of required bufferyard and landscaped areas.
(1) Any and all required bufferyards or landscaped areas may be used for passive recreation activities. Said areas may contain pedestrian and bike trails provided: 1) no required material is eliminated; 2) the total width of the required bufferyard, or the total area of required landscaping, is maintained; and 3) all other regulations of this chapter are met.
(2) No active recreational uses (e.g., swimming pools, tennis courts, sports fields, golf courses, etc.), parking areas, buildings, outdoor light fixtures and outdoor display areas shall be permitted in required bufferyards and landscaped areas.
(3) Paving in such areas shall be limited to that required for necessary access to, through, or across the subject property.
- Other green space areas.
(1) Green space areas not used for landscape plantings, excluding natural resource protection areas, shall be graded and seeded or sodded with an acceptable maintainable seed mix, restored to native vegetation, or maintained in crop production (if approved by the Plan Commission).
§ 195-78. Landscaping points.
This section shall be used to establish the points per plant species and type, as described below and in Figure 195.78. See §§ 195-79 and 195-80 for landscaping requirements by zoning district. See § 195-86 for prohibited plant species and § 195-87 for points by permitted plant species.
- In calculating the number of required landscaping points under the provisions of this section, all areas and distances on which required calculations are based shall be rounded up to the nearest whole number. Any partial plant derived from the required calculations of this section shall be rounded up to the next whole plant (e.g., 23.3 rounds up to 24).
- In the case of building/paving expansion, only the new portion is required to provide landscaping. This is calculated by taking the square footage of the addition divided by the square footage of the existing building/paving area. This percent increase shall be used to dictate meeting the requirements of this article.
- The installation of a rain garden or bioswale may count toward meeting the Village’s yard area, building foundation, and/or paved area landscaping point requirement based on 20 points for every 20 square feet, provided the requirements of § 195-81 are met.
- Landscaping point values shall be doubled for mature existing tree plantings that are retained and protected with the development of the site, except for those listed on the prohibited plant species list (see § 195-86). The preserved tree shall be protected during construction through the use of a fence around the drip line. If any preserved trees are lost to damage or disease within three years after plan approval, the owner shall replace said trees with the number of trees that would otherwise have been required.
- Landscaping materials, fences and berms located within a duly recorded utility or a pedestrian easement shall not count toward meeting a landscaping requirement, unless authorized otherwise by the Village. The width of such area(s) may be counted as part of a landscaping requirement.
| Figure 195.78: Landscaping Points |
§ 195-79. Landscaping distribution requirements, excluding bufferyards.
Landscaping shall be provided based on the following requirements for building foundations, paved areas, street frontages, and yard areas (summarized in Figure 195.79A and illustrated in Figure 195.79B). These requirements are additive to each other and any other landscaping or screening requirements in this article, specifically bufferyard requirements (see § 195-80).
| Figure 195.79A: Landscaping Requirements for Regular Development |
- Building foundations.
(1) For every 100 linear feet of building foundation, the landscaping installed shall at a minimum meet the number of landscaping points specified in Figure 195.78.[18]
(2) Building foundation landscaping shall be placed so that at maturity, the plant’s drip line is located within 10 feet of the building foundation.
(3) Tall trees shall not be used to meet building foundation landscaping requirements.
- Paved areas.
(1) For every 20 off-street parking stalls, landscaping shall at a minimum meet the number of landscaping points specified in Figure 195.78.
(2) Paved area landscaping shall be placed so that at maturity, the plant’s drip line is located within 10 feet of the paved area. Said area does not have to be provided in one contiguous area.
(3) Plants used to fulfill this requirement shall visually screen parking, loading and circulation areas from view from public streets.
(4) A minimum of 30% of all points shall be devoted to medium or tall trees, or a combination of such trees, and a minimum of 40% of all points shall be devoted to shrubs.
- Street frontages.
(1) For every 100 linear feet of street frontage of a developed lot abutting a public street right-of-way, the landscaping installed shall at a minimum meet the number of landscaping points specified in Figure 195.78.
(2) Street frontage landscaping shall be placed so that at maturity, the plant’s drip line is located within 10 feet of the public street right-of-way.
(3) Shrubs shall not be used to meet street frontage landscaping requirements. A minimum of 50% of all points shall be devoted to decorative or medium trees, or a combination of such trees.
- Yard areas.
(1) For every 1,000 square feet of gross floor area, the landscaping installed shall at a minimum meet the number of landscaping points specified in Figure 195.78.
(2) The intent of this section is to provide yard shade and to require a visual screen of a minimum of six feet in height for all detached exterior appurtenances (such as HVAC, utility boxes, standpipes, stormwater discharge pipes and other pipes).
(3) Landscaping required by this section is most effective if located away from those areas required for landscaping as building foundations, street frontages, paved areas, protected green space areas, or reforestation areas.
(4) Up to 50% of the landscaping required by this section may be placed in the bufferyard to enhance the physical barrier between incompatible uses.
| Figure 195.79B: Sample Landscaping Scheme — All Required Landscaping, including bufferyards (see Section 195.80) |
§ 195-80. Bufferyards.
A bufferyard is a combination of distance and a visual buffer or barrier. It includes an area, together with the combination of plantings, berms and/or fencing that are required to eliminate or reduce existing or potential nuisances (e.g., dirt, litter, noise, glare, signs, and incompatible land uses, buildings, or parking areas), between adjacent land uses.
- The required level of bufferyard opacity is listed in Figure 195-80A. Opacity is a quantitatively derived measure which indicates the degree to which a particular bufferyard screens the abutting property. The required level of opacity indicated is directly related to the degree to which the potential character of development differs between different zoning districts.
| Figure 195.80A: Required bufferyard opacity values |
- Bufferyards shall meet the minimum landscaping points defined in Figure 195.80B. Opacity levels (Figure 195.80A) are met by either installing the required minimum landscaping points with no buffering structure (no fence or berm), or installing a buffering structure (per minimum requirements in Figure 195.80B) at the identified reduced landscaping point requirement. See Figure 195-79B for an example of landscaping plan meeting all landscaping requirements.[19]
(1) Bufferyards shall be located along (and within) the outer perimeter of a lot wherever two different zoning districts abut one another. Bufferyards shall not be required in front yards.
(2) Bufferyards are not required where additions to existing buildings or paved areas are not visible from adjacent properties eligible for buffering.
(a) For structures and parking additions parallel to or extending closer to an abutting property eligible for buffering, landscaping points shall be based on the linear frontage of the addition visible from abutting properties measured parallel along the property line.
(3) Bufferyard fencing shall be placed within the required or provided bufferyard along the perimeter of the abutting properties eligible for buffering.
(4) The visual screening for bufferyards, without a structural solid fence and required opacity of 0.4 or greater, shall have at least 50% of the required landscaping points be a combination of coniferous species, either shrubs or trees.
(5) Bufferyards shall meet the minimum width identified in Figure 195-80B, and shall be outside the identified paved area and building foundation planting zones per § 195-79A and B.
(a) Where the minimum permitted width for the required bufferyard is not available under the current state of development, the SPAR Board may reduce the width required for the bufferyard to that currently available on the site.
| Figure 195.80B: Detailed Bufferyard Requirements |
§ 195-81. Rain gardens and bioswales.
Rain gardens and bioswales can serve both as landscaping and stormwater management features on a building site, where appropriately designed and sited.
- Definitions. As used in this section, the following terms have the meanings indicated:
RAIN GARDEN — A shallow, depressed garden that is designed and positioned on a site to capture stormwater runoff and allow for the infiltration of water back into the ground. Rain garden plants are carefully chosen for their ability to withstand moisture extremes and potentially high concentrations of nutrients and sediments that are often found in stormwater runoff. A well-designed and maintained rain garden serves as an attractive component of an overall landscaping plan for a development site.
BIOSWALE — A linear, vegetative stormwater runoff conveyance system that is designed to store and infiltrate water from small storm events back into the ground and direct water from heavy rain events to appropriate storm sewer inlets or other management facilities. The flow of water being conveyed through a bioswale is slowed down, allowing for municipal storm systems to more effectively manage heavier rain events and help reduce the risk of flooding on or off site. Water being infiltrated or conveyed via a bioswale is also filtered by the vegetation within it, generally improving both ground and surface water quality.
- Requirements.
(1) The installation of a rain garden or bioswale may contribute to the overall stormwater management plan for a development site and count toward meeting the Village’s landscaping point requirements per § 195-78C.
(2) Detailed plans shall be provided that show all proposed dimensions of the rain garden or bioswale including length, width, depth, and slope of depression; location of the rain garden or bioswale on the lot relative to hard-surfaced areas, downspouts, and site topography; characteristics of the soil underlying the rain garden or bioswale; description of planting media; the species, number, and size at time of installation of all vegetation proposed for the rain garden or bioswale; and information on any other materials (e.g., rocks) that will be used to line the rain garden or bioswale.
(3) Installation shall not be proposed for any of the following areas of a site:
(a) Areas where there is known soil contamination unless the rain garden or bioswale is proposed to be constructed with an underdrain;
(b) Areas where the characteristics of the soil would not allow for the proper infiltration of water into the ground; or
(c) Areas where there are expected to be high levels of foot traffic.
(4) The owner of the site shall demonstrate that the rain garden or bioswale will be properly maintained; kept free of trash, weeds, debris, and dead or dying plants; any pipes associated with the rain garden or bioswale shall be inspected on an annual basis and kept free of debris; and, by the beginning of every spring, dead plant materials shall be cut back or removed.
(5) Bioswales and rain gardens shall be generously (and appropriately) vegetated to qualify for landscaping points. Bioswales and rain gardens (or portions thereof) that are lined with turf and/or rocks but do not include other vegetation will not count toward meeting landscaping point requirements.
(6) Rain gardens and bioswales may serve as a component of an overall stormwater management plan for a site only if detailed plans, calculations, and specifications are submitted. Detailed plans shall include the location and description of all other stormwater management facilities serving the site, particularly those to which any bioswale will be directed.
§ 195-82. Installation and maintenance.
- Installation. Any and all landscaping and bufferyard material required by the provisions of this article shall be installed on the subject property in accordance with the approved site plan within 365 days of the issuance of an occupancy permit for any building on the subject property, unless a conditional use is approved to allow for greater than 365 days.
- Surety.
(1) If the subject property is to be occupied prior to the installation of all required landscaping and bufferyard material, the property owner shall sign an instrument agreeing to install the landscaping within the three-hundred-sixty-five-day period and shall furnish to the Village an irrevocable letter of credit or performance bond sufficient to guarantee completion of the work. Such security shall be provided by the property owner at the time that the agreement is signed. It shall be in an amount equal to 110% of the estimated actual cost for all of the required elements of the approved site plan and shall specifically guarantee that all such elements shall be made and installed according to the approved site plan. The costs of the work shall be furnished by the property owner and shall be verified by the Village. The financial security shall remain in force until all of the work has been completed and approved by the Village. Upon completion of the work and approval by the Village, the security shall be reduced to 10% of the original amount. The reduced security shall be held by the Village for 14 months following approval by the Village in order to provide a warranty for the work. This agreement shall also contain a statement indicating that the property owner’s failure to comply with the requirements of the terms of the agreement will constitute a violation of the article and subject the property owner to any remedies available to the Village, including having the Village complete the work and withhold funds from the security to reimburse the Village for the work performed.
(2) If the required landscaping and bufferyard materials are to be installed during different phases of a subdivision development, the developer may furnish for each phase financial security in an amount sufficient to guarantee completion of the landscaping and bufferyard work performed during a particular phase, unless the land division regulations requires otherwise.
(3) If the property owner is a governmental unit, it may, in lieu of signing an agreement and furnishing a guarantee, file a resolution or letter from officers authorized to act on its behalf, agreeing to comply with the provisions of this article.
- All landscaping and bufferyard areas shall be seeded with lawn or native ground cover unless such vegetation is already fully established.
- The exact placement of plants and structures shall be depicted on the required detailed landscaping plan submitted to the Village for its approval. Such plant and structure location shall be the decision of each property owner, provided the following requirements are met:
(1) Evergreen shrubs shall be planted in clusters to maximize their chance for survival.
(2) Where a combination of plant materials, berming, and fencing is used in a bufferyard, the fence and/or berm shall be located toward the interior of the subject property and the plant material shall be located toward the exterior of the subject property.
(3) A property owner may establish through a written agreement, recorded with the Register of Deeds, that an abutting property owner agrees to provide on the immediately abutting portion of his or her land a partial or full portion of the required bufferyard, thereby relieving the developer of the responsibility of providing the entire bufferyard on his property.
(4) Under no circumstance shall landscaping or bufferyard materials be selected or located in a manner resulting in the creation of a safety or visibility hazard.
(5) The restrictions on types of plants listed in this article shall apply.
- Maintenance. The continual maintenance of all required landscaping and bufferyard materials shall be a requirement of this article and shall be the responsibility of the owner of the property on which said materials and plants are required. This requirement shall run with the property and shall be binding upon all future property owners. Development of any or all property following the effective date of this article shall constitute an agreement by the property owner to comply with the provisions of this section. If the property owner fails to comply with these provisions, the Village may enter upon the property for the purpose of evaluating and maintaining all required landscaping and bufferyard materials, and may specially assess the costs thereof against the property. A property owner’s failure to comply with this requirement shall also be considered a violation of this article, and shall be subject to any and all applicable enforcement procedures and penalties.
§ 195-83. Appeals.
Any person aggrieved by any decisions of the SPAR Board concerning this article may appeal the decision to the Village’s Zoning Board of Appeals. Such appeal shall be filed with the Clerk within 30 days after filing of the decision with the Clerk.
§ 195-84. Violations and penalties.
Any person who violates any provision of this article shall be required to forfeit not less than $50 nor more than $500, plus costs, for each violation. Each consecutive day in which the violation has not been remedied shall be considered as a new violation subject to further penalty, up to a maximum of $5,000.
§ 195-85. Findings and modifications.
- The SPAR Board shall not approve any application unless it finds that the purposes and regulations set forth in this article have been reasonably met. In certain situations, the SPAR Board may allow modifications or grant exceptions to these standards set forth in this article on the basis of compelling landscape architecture merit, or where the strict application or adherence to established standards may be impractical or impossible due to site conditions or other circumstances beyond the control of the applicant.
- The SPAR Board may, on a case-by-case basis, require more stringent regulations than the regulations listed within this article when deemed necessary by the Village to meet the purpose of this article and the purpose and intent of the Village’s Zoning Code.
- The Zoning Officer may allow modifications to the approved landscaping plan during installation where the strict application or adherence to approved landscaping plan may be impractical or impossible due to site conditions (e.g., unknown utility infrastructure) or other circumstances beyond the control of the applicant.
§ 195-86. Prohibited plant species.
The purpose of this provision is to limit the planting of species that are invasive, have invasive tendencies, or that may perpetuate or spread disease.
- Prohibited species are listed in Figure 195.86 (below), and shall not be included as part of any landscaping plan. Protecting and retaining these prohibited plant species are exempt from receiving double points per § 195-78C.[20]
| Figure 195.86: Prohibited Species |
§ 195-87. Permitted plant species.
Species suitable for landscaping and compatible with local climate and soil factors are listed in Figures 195.87A through 195.87M.[21] However, this list is not intended to be exhaustive, and the Zoning Administrator shall review proposals for the applicability of species not listed, and is authorized to approve appropriate similar species and assign landscaping points to said similar species.
NOTE: The following sources were used in compiling Figures 195.87A through 195.87M of plant species:
Department of Natural Resources. Forest Trees of Wisconsin: How to Know Them. Madison, Wisconsin: Department of Natural Resources, 1987.
Hasselkus, E.R. A Guide to Selecting Landscape Plants for Wisconsin. Madison, Wisconsin: College of Agricultural and Life Sciences University of Wisconsin – Extension, Cooperative Extension Programs, 1982.
Hightshoe, Gary L. Native Trees, Shrubs, and Vines for Urban and Rural America: A Planting Design Manual for Environmental Designers. New York: Van Nostrand Reinhold, 1988.
Iowa State University. Landscape Plants for Iowa. Ames, Iowa: Iowa State University Cooperative Extension Service, May 1984.
ARTICLE XVIII
Murals
[Added 9-12-2019 by Ord. No. 5-2019]
§ 195-88. Rules and regulations.
- No person, nor business, nor entity of any kind, shall create or erect a mural in the Village of Holmen in conflict with this article. For the purposes of this article, a “mural” shall be defined as a painting or other work of art executed directly on a wall (typically of a building), or any other surface, viewable to the public in any manner. Proposed murals shall be regulated as follows:
- No mural may be erected on any building or surface or in any manner:
(1) In areas considered architecturally sensitive, such as the South Holmen Drive Corridor Area, the Seven Bridges Area, or any area that may be classified as architecturally sensitive in the future; and
(2) In areas that hold historic significance, such as, but not limited to, historic districts, or on buildings that hold historic architectural character or hold historic value to the community; and
(3) In any residential zoning district in the Village of Holmen; and
(4) That may be considered distracting or in any manner inappropriate or vulgar to the community at large, to protected classes or to motorists; and
(5) Containing any form of signage, copy-written material(s) or written message(s); and
(6) That does not, at a minimum, resonate images of some form of architectural or historic significance to the Holmen Community, such as the community’s landscape, culture, evolution or overall identity; and
(7) That is not accompanied with a comprehensive plan for mitigating any impacts to the proposed immediate area, and a financial plan to ensure long-term maintenance and upkeep of the mural itself; and
(8) Without full written consent of the owner of the property where the mural is proposed, who shall be responsible for the long-term maintenance of the mural, subject to penalties and removal of the mural for failure to maintain the mural in good standing; and
(9) Without a conditional use permit, requiring a public hearing before the Village of Holmen Planning Commission, following a class two notice and notification to all property owners within 150 feet of the proposed mural location; and
(10)Without review and approval from the Village of Holmen Site Plan and Architectural Review (SPAR) Board pending the outcome of the public hearing and consideration of the above provisions.
- Preexisting murals (murals created before 2012) shall be grandfathered and are permitted to be maintained in full. Failure of any owner to maintain a preexisting mural shall be grounds for loss of the mural’s grandfathered status, and subject to penalties and removal of the mural. Any modification or addition to any preexisting mural must abide by the provisions of this article.
§ 195-89. Violations and penalties.
Any person who violates Article XVIII shall, upon conviction thereof, be forced to remove any permitted or unpermitted mural, and forfeit not less than $500 nor more than $1,000, plus court costs.
[1]1. Editor’s Note: See Art. XVI, Site Plan and Architectural Review, in this chapter.
[2]2. Editor’s Note: See Art. XVI, Site Plan and Architectural Review, in this chapter.
[3]3. Editor’s Note: Former Subsection D, Conditional uses, was redesignated as Subsection E pursuant to this ordinance.
[4]4. Editor’s Note: Former Subsection E(3), regarding the sale of hot tubs, which immediately followed, was repealed 11-10-2022 by Ord. No. 6-2022.
[5]5. Editor’s Note: This ordinance also provided for the renumbering of former Subsection B(54) through (63) as Subsection B(55) through (64), respectively.
[6]6. Editor’s Note: This ordinance also provided for the renumbering of former Subsection D(5) and (6) as Subsection D(7) and (8), respectively.
[7]7. Editor’s Note: This ordinance also provided for the renumbering of former § 195-17.1 as § 195-17.2.
[8]8. Editor’s Note: This ordinance also amended the title of this article, which was formerly Scenic Overlay District.
[9]9. Editor’s Note: The former definition of “shopping center,” which immediately followed this definition, was repealed 9-13-2012 by Ord. No. 3-2012.
[10]10. Editor’s Note: Former Subsection B(2), Roof signs, was repealed 9-13-2012 by Ord. No. 3-2012. This ordinance also renumbered former Subsection B(3) through (7) as Subsection B(2) through (6), respectively.
[11]11. Editor’s Note: Original Sec. 12, Subsection 13, Abandoned billboards and signs, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[12]12.
Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[13]13. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[14]14.
Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[15]15. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[16]16. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[17]17. Editor’s Note: See § 195-78, Landscaping points.
[18]18. Editor’s Note: See § 195-78, Landscaping points.
[19]19. Editor’s Note: See § 195-79, Landscaping distribution requirements, excluding bufferyards.
[20]20. Editor’s Note: See § 195-78, Landscaping points.
[21]21.
Editor’s Note: Figures 195.87A through 195.87M are included as attachments to this chapter.
