code of general ordinances of the town...

CODE OF GENERAL ORDINANCES OF THE

TOWN OF MONTPELIER KEWAUNEE COUNTY, WISCONSIN

CHAPTER 10: ZONING ORDINANCE

Adopted by Town of Montpelier Board of Supervisors on August 29, 2016

Code of General Ordinances of the Town of Montpelier, Kewaunee County, Wisconsin

Chapter 10: Zoning Ordinance 10-i

TABLE OF CONTENTS

CHAPTER 10: ........................................................................................................................... 10-1

10.0100 INTRODUCTION ............................................................................................. 10-1 10.0101 Authority ...................................................................................................................................... 10-1 10.0102 Title .............................................................................................................................................. 10-1 10.0103 Purpose ......................................................................................................................................... 10-1 10.0104 Intent ............................................................................................................................................ 10-1 10.0105 Abrogation and Greater Restrictions ........................................................................................... 10-2 10.0106 Interpretation ................................................................................................................................ 10-2 10.0107 SEVERABILITY ......................................................................................................................... 10-2 10.0108 REPEAL ...................................................................................................................................... 10-2

10.0200 GENERAL PROVISIONS ................................................................................ 10-3 10.0201 Jurisdiction ................................................................................................................................... 10-3 10.0202 Compliance .................................................................................................................................. 10-3 10.0203 Zoning/Land Use Permit Required .............................................................................................. 10-3 10.0204 Conditional Use Permit Required ................................................................................................ 10-4 10.0205 Temporary Uses ........................................................................................................................... 10-4 10.0206 Other Permits ............................................................................................................................... 10-5 10.0207 Kewaunee County Shoreland Wetland and Floodplain Zoning Regulations .............................. 10-5 10.0208 Erosion Control ............................................................................................................................ 10-5 10.0209 Site Restrictions ........................................................................................................................... 10-6 10.0210 Site Plan Review and Architectural Control ................................................................................ 10-6 10.0211 Use Restrictions ........................................................................................................................... 10-6 10.0212 Reduction or Joint Use ................................................................................................................. 10-7 10.0213 Permit Fees ................................................................................................................................... 10-8 10.0214 Double Fee ................................................................................................................................... 10-8 10.0215 Violations ..................................................................................................................................... 10-8 10.0216 Remedial Action .......................................................................................................................... 10-8 10.0217 Penalties ....................................................................................................................................... 10-8

10.0300 ZONING DISTRICTS ....................................................................................... 10-9 10.0301 Establishment ............................................................................................................................... 10-9 10.0302 Zoning Map ................................................................................................................................ 10-10 10.0303 A-1 Exclusive Agricultural District ........................................................................................... 10-11 10.0304 A-2 Agricultural/Rural Residential District ............................................................................... 10-17 10.0305 R-1 Residential District .............................................................................................................. 10-19 10.0306 R-M Multi-Family Residential District ..................................................................................... 10-21 10.0307 B-1 Business District ................................................................................................................. 10-24 10.0308 M-1 Manufacturing District ....................................................................................................... 10-27 10.0309 Q-1 Non-Metallic Mining District ............................................................................................. 10-29 10.0310 I-1 Institutional District .............................................................................................................. 10-31 10.0311 RPO Rural Preservation Overlay District .................................................................................. 10-33 10.0312 MRC Mixed Residential / Commercial District ........................................................................ 10-35

10.0400 PARTICULAR USE REQUIREMENTS ........................................................ 10-39

Chapter 10: Zoning Ordinance 10-ii

10.0401 Purpose ....................................................................................................................................... 10-39 10.0402 Applicability .............................................................................................................................. 10-39 10.0403 Mobile Homes ............................................................................................................................ 10-39 10.0404 Manufactured Home .................................................................................................................. 10-40 10.0405 Airport Regulations .................................................................................................................... 10-42 10.0406 Adult Entertainment Facilities ................................................................................................... 10-43 10.0407 Agricultural Uses Requirements ................................................................................................ 10-43

10.0500 CONDITIONAL USES ................................................................................... 10-44 10.0501 Permits ....................................................................................................................................... 10-44 10.0502 Application ................................................................................................................................. 10-44 10.0503 Review and Approval ................................................................................................................ 10-44 10.0504 Public, Semipublic, and Institutional Uses ................................................................................ 10-45 10.0505 Agricultural Uses ....................................................................................................................... 10-45 10.0506 Residential Uses ......................................................................................................................... 10-46 10.0507 Business Uses ............................................................................................................................. 10-48 10.0508 Mobile Communications Towers ............................................................................................... 10-49 10.0509 Recreational Uses ....................................................................................................................... 10-54 10.0510 Energy Conservation Uses ......................................................................................................... 10-55 10.0511 Temporary Uses ......................................................................................................................... 10-58

10.0600 PARKING, LOADING, DRIVEWAYS, AND ACCESS ............................... 10-59 10.0601 Traffic Vision Clearances .......................................................................................................... 10-59 10.0602 Loading Requirements ............................................................................................................... 10-59 10.0603 Parking Requirements ................................................................................................................ 10-59 10.0604 Restrictions on Parking of Equipment ....................................................................................... 10-64 10.0605 Driveways .................................................................................................................................. 10-65 10.0606 Culverts ...................................................................................................................................... 10-65 10.0607 Street and Highway Access ....................................................................................................... 10-65

10.0700 SIGNS .............................................................................................................. 10-67 10.0701 Purpose and Intent ...................................................................................................................... 10-67 10.0702 Compliance ................................................................................................................................ 10-67

10.0800 MODIFICATIONS .......................................................................................... 10-68 10.0801 Height ......................................................................................................................................... 10-68 10.0802 Yards .......................................................................................................................................... 10-68 10.0803 Accessory Use Regulations ........................................................................................................ 10-69 10.0804 Accessory Use Restrictions ........................................................................................................ 10-70 10.0805 Compliance With The Americans With Disabilities Act ........................................................... 10-70 10.0806 Additions .................................................................................................................................... 10-70 10.0807 Corner Lots ................................................................................................................................ 10-70

10.0900 NONCONFORMING USES AND STRUCTURES ....................................... 10-71 10.0901 Existing Nonconforming Uses ................................................................................................... 10-71 10.0902 Abolishment or Replacement ..................................................................................................... 10-71 10.0903 Existing Nonconforming Structures .......................................................................................... 10-71 10.0904 Changes and Substitutions ......................................................................................................... 10-71

10.1000 SITE PLAN REVIEW AND ARCHITECTURAL CONTROL ..................... 10-72 10.1001 Purpose and Intent ...................................................................................................................... 10-72 10.1002 Principles .................................................................................................................................... 10-72 10.1003 Administration ........................................................................................................................... 10-73 10.1004 Review and Findings .................................................................................................................. 10-74 10.1005 Sureties ....................................................................................................................................... 10-74 10.1006 Appeals ...................................................................................................................................... 10-74

10.1100 PERFORMANCE STANDARDS ................................................................... 10-75

Chapter 10: Zoning Ordinance 10-iii

10.1101 Compliance ................................................................................................................................ 10-75 10.1102 Fire and Explosive Hazards ....................................................................................................... 10-75 10.1103 Glare and Heat ........................................................................................................................... 10-75 10.1104 Water Quality Protection ........................................................................................................... 10-75 10.1105 Noise and Vibration ................................................................................................................... 10-75 10.1106 Odors .......................................................................................................................................... 10-76 10.1107 Particulate Emissions ................................................................................................................. 10-76 10.1108 Visible Emissions ....................................................................................................................... 10-76 10.1109 Radioactivity and Electrical Disturbances ................................................................................. 10-76 10.1110 Vibration .................................................................................................................................... 10-76 10.1111 Lighting ...................................................................................................................................... 10-77 10.1112 Administration ........................................................................................................................... 10-77

10.1200 ADMINISTRATION ....................................................................................... 10-79 10.1201 Town Board ............................................................................................................................... 10-79 10.1202 Plan Commission ....................................................................................................................... 10-79 10.1203 Organization ............................................................................................................................... 10-79 10.1204 Powers and Duties ...................................................................................................................... 10-80 10.1205 Public Information ..................................................................................................................... 10-81 10.1206 Zoning Administrator Designated .............................................................................................. 10-81 10.1207 Zoning/Land Use Permit Required ............................................................................................ 10-81 10.1208 Conditional Use Permit .............................................................................................................. 10-82 10.1209 Temporary Uses ......................................................................................................................... 10-82 10.1210 Site Plan and Architectural Review ........................................................................................... 10-82 10.1211 Permit Fees ................................................................................................................................. 10-82 10.1212 Double Fee ................................................................................................................................. 10-82 10.1213 Violations ................................................................................................................................... 10-82 10.1214 Remedial Action ........................................................................................................................ 10-82 10.1215 Penalties ..................................................................................................................................... 10-82

10.1300 ZONING BOARD OF APPEALS ................................................................... 10-83 10.1301 Establishment ............................................................................................................................. 10-83 10.1302 Board Membership ..................................................................................................................... 10-83 10.1303 Organization ............................................................................................................................... 10-83 10.1304 Powers ........................................................................................................................................ 10-84 10.1305 Appeals ...................................................................................................................................... 10-85 10.1306 Variances .................................................................................................................................... 10-86 10.1307 Conditions .................................................................................................................................. 10-87 10.1308 Variances or Substitutions ......................................................................................................... 10-87

10.1400 CHANGES AND AMENDMENTS ................................................................ 10-88 10.1401 Authority .................................................................................................................................... 10-88 10.1402 Initiation ..................................................................................................................................... 10-88 10.1403 Petitions ...................................................................................................................................... 10-88 10.1404 Recommendations ...................................................................................................................... 10-88 10.1405 Hearings ..................................................................................................................................... 10-88 10.1406 Town Board Action .................................................................................................................... 10-88 10.1407 Protest ........................................................................................................................................ 10-88

10.1500 NOTICES OF PUBLIC HEARING ................................................................ 10-90 10.1501 Notices of Public Hearing .......................................................................................................... 10-90

10.1600 DEFINITIONS ................................................................................................. 10-91 10.1601 General Definitions .................................................................................................................... 10-91 10.1602 Specific Words and Phrases ....................................................................................................... 10-91

10.1700 ADOPTION AND EFFECTIVE DATE ........................................................ 10-112

Chapter 10: Zoning Ordinance 10-iv

10.1701 Village Powers ......................................................................................................................... 10-112 10.1702 Public Hearing ......................................................................................................................... 10-112 10.1703 Plan Commission Recommendation ........................................................................................ 10-112 10.1704 Town Board Approval ............................................................................................................. 10-112 10.1705 Effective Date .......................................................................................................................... 10-112

APPENDICES

APPENDIX A: ILLUSTRATIONS ................................................................................................. A-1 APPENDIX B: TOWN OF MONTPELIER ZONING MAP ................................................................ B-1

Chapter 10: Zoning Ordinance 10-1

CHAPTER 10: ZONING ORDINANCE 1

10.0100 INTRODUCTION 2

10.0101 Authority 3 The Town of Montpelier pursuant to the authority granted by Sections 60.22(3), 4 60.62, 61.35, 62.23(7), subchapter V, ch.91, Wis. Stats., and other relevant 5 provisions of the Wisconsin Statutes and amendments thereto, do ordain as 6 follows: 7

10.0102 Title 8 This Ordinance shall be referred to or cited as the “ZONING ORDINANCE, 9 TOWN OF MONTPELIER, KEWAUNEE COUNTY, WISCONSIN” and is 10 hereafter referred to as the “Ordinance”. 11

10.0103 Purpose 12 The purpose of this Ordinance is to promote the comfort, health, safety, morals, 13 prosperity, aesthetics, and general welfare of the Town of Montpelier, Kewaunee 14 County, Wisconsin. 15

10.0104 Intent 16 It is the general intent of this Ordinance to regulate and restrict the use of all 17 structures, lands and waters; and to: 18

Regulate lot coverage and the size and location of all structures so as to A.19 prevent overcrowding and to provide adequate sunlight, air, sanitation, and 20 drainage; 21

Regulate population density and distribution so as to avoid sprawl or undue B.22 concentration and to facilitate the provision of adequate public service and 23 utilities; 24

Regulate parking, loading and access so as to lessen congestion in and C.25 promote the safety and efficiency of streets and highways; 26

Secure safety from fire, pollution, contamination and other dangers; D.27

Stabilize and protect existing and potential property values; E.28

Preserve and protect the beauty of the Town of Montpelier; F.29

Prevent and control erosion, sedimentation, and other pollution of the G.30 surface and subsurface waters; 31

Further the maintenance of safe and healthful water conditions; H.32

Provide for and protect a variety of suitable commercial and industrial sites; I.33

Protect the traffic-carrying capacity of existing and proposed arterial roads J.34 and highways; 35

Implement those town, county, watershed, and regional comprehensive K.36 plans or components of such plans adopted by the Town of Montpelier, 37 Kewaunee County; and 38

Provide for the administration and enforcement of this Ordinance and L.39 provide penalties for the violation of this Ordinance. 40

10.0105 Abrogation and Greater Restrictions 41 It is not intended by this Ordinance to repeal, abrogate, annul, impair, or interfere 42 with any existing easements, covenants, deed restrictions, agreements, ordinances, 43 rules, regulations, or permits previously adopted or issued pursuant to law. 44 However, wherever this Ordinance imposes greater restrictions, the provisions of 45 this Ordinance shall govern. 46

10.0106 Interpretation 47 In their interpretation and application, the provisions of this Ordinance shall be 48 held to be minimum requirements and shall be liberally construed in favor of the 49 Town and shall not be construed to be a limitation or repeal of any other power 50 now possessed by the Town of Montpelier, Kewaunee County. 51

10.0107 SEVERABILITY 52

If any section, clause, provision, or portion of this Ordinance is adjudged A.53 unconstitutional or invalid by a court of competent jurisdiction, the 54 remainder of this Ordinance shall not be affected thereby. 55

If any application of this Ordinance to a particular structure, land, or water B.56 is adjudged unconstitutional or invalid by a court of competent jurisdiction, 57 such judgment shall not be applicable to any other structure, land, or water 58 not specifically included in said judgment. 59

10.0108 REPEAL 60 All other ordinances or parts of ordinances of the Town of Montpelier, Kewaunee 61 County, inconsistent or conflicting with this Ordinance, to the extent of the 62 inconsistency only, are hereby repealed. 63

10.0200 GENERAL PROVISIONS 64

10.0201 Jurisdiction 65 The jurisdiction of this Ordinance shall apply to all structures, lands, water, and 66 air within the unincorporated limits of the Town of Montpelier, Kewaunee 67 County, Wisconsin. 68

10.0202 Compliance 69

No structure, land, water, or air shall hereafter be used and no structure or A.70 part thereof shall hereafter be located, erected, moved, reconstructed, 71 extended, enlarged, converted, or structurally altered except in conformity 72 with the regulations herein specified for the district in which it is located. 73

The duty of the Zoning Administrator shall be to interpret and administer B.74 this Ordinance. The Zoning Administrator shall issue, after review, all 75 permits required by this Ordinance and shall maintain records of all permits 76 issued. The Zoning Administrator shall investigate all complaints, give 77 notice of violations, issue orders to comply with the zoning ordinance, issue 78 citations for the violation of this Ordinance and assist the town attorney in 79 the prosecution of ordinance violators. The Zoning Administrator and his 80 duly appointed deputies may enter at any reasonable time onto any public or 81 private lands or waters to make a zoning inspection. 82

10.0203 Zoning/Land Use Permit Required 83 No structure shall hereafter be located, erected, moved, reconstructed, extended, 84 enlarged, or structurally altered until after the owner or his agent has secured a 85 Zoning/Land Use Permit from the Zoning Administrator. Applications for 86 Zoning/Land Use Permit shall be made to the Zoning Administrator on forms 87 furnished by the Zoning Administrator and shall include the following where 88 applicable: 89

Name and Addresses of the applicant, owner of the site, architect, A.90 professional engineer, and contractor. 91

Description of the Subject Site by lot, block and recorded subdivision, or B.92 metes and bounds; address of the subject site; type of structure; existing and 93 proposed operation or use of the structure or site; number of employees; and 94 the zoning district within which the subject site lies. 95

Plat of Survey or parcel of record, drawn to scale, showing the location, C.96 boundaries, dimensions, uses, and sizes of the following: subject site; 97 existing and proposed structures; existing and proposed easements, streets, 98 and other public ways; off street parking, loading areas and drive-ways; 99 existing highway access restrictions; and existing and proposed street, side, 100 and rear yards. 101

Proposed Sewage Disposal Plan. In any district where public sewerage D.102 service is not available, the width and area of all lots shall be sufficient to 103 permit the use of a private onsite waste treatment system designed in 104 accordance with Kewaunee County ordinances, Chapter SPS 383 and SPS 105

385 of the Wisconsin Administrative Code, and other applicable laws and 106 regulations. 107

Proposed Water Supply Plan. In any district where municipal water E.108 treatment system is not available, the width and area of all lots shall be 109 sufficient to permit the use of a private water system designed in 110 accordance with all County and Town ordinances, Chapter NR 812 of the 111 Wisconsin Administrative Code, and other applicable laws and regulations. 112

Condominium Declaration. Any developer of land in the Town of F.113 Montpelier who elects to create a condominium pursuant to Chapter 703 of 114 the Wisconsin Statutes shall submit a copy of the Condominium 115 Declaration, and any amendment thereto, to the Zoning Administrator, to be 116 attached to the file copy of the Zoning/Land Use Permit application. 117

Additional Information as may be required by the Town Plan Commission, G.118 or Zoning Administrator. 119

A Zoning/Land Use Permit shall be granted or denied in writing by the H.120 Zoning Administrator within 30 days after application. All conditional use 121 permits shall be granted or denied within 60 days after application, unless 122 the time is extended by mutual consent of the applicant and the Town. The 123 permit shall expire within twelve (12) months unless substantial work has 124 commenced, and within 18 months if the structure for which the permit was 125 issued is not substantially completed. Any permit issued in conflict with the 126 provisions of this Ordinance shall be null and void. 127

The Zoning/Land Use Permit shall be recorded by the appropriate town I.128 official and placed on file with a new fire number recorded on the official 129 town fire map. 130

10.0204 Conditional Use Permit Required 131 See Section 10.0500. 132

10.0205 Temporary Uses 133 See Section 10.0511. 134

10.0206 Other Permits 135 It is the responsibility of the permit applicant to secure all other necessary permits 136 required by any state, federal, or county agency. This includes, but is not limited 137 to a floodplain or shoreland/wetland permit pursuant to the Kewaunee County 138 Floodplain Ordinance and the Kewaunee County Shoreland and Wetland Zoning 139 Ordinance, a sanitary permit pursuant to the Kewaunee County Private Sewage 140 System Ordinance, division of lands pursuant to the Kewaunee County Land 141 Division and Subdivision Regulations, a reclamation permit pursuant to the 142 Kewaunee County Non Metallic Mining Reclamation Ordinance and NR 135, a 143 water use permit pursuant to Chapter 30 of the Wisconsin Statutes, Runoff 144 Management and Construction Site Erosion Control pursuant to NR 151 and NR 145 152 respectively, Animal Feeding Operations pursuant to NR 243, Storm Water 146 Discharge pursuant to NR 216, or a wetland fill permit pursuant to Section 404 of 147 the Federal Water Pollution Act and/or a Water Quality Certification from the 148 Wisconsin Department of Natural Resources. 149

10.0207 Kewaunee County Shoreland Wetland and Floodplain Zoning Regulations 150 The Town recognizes that Kewaunee County has adopted a Shoreland and 151 Wetland Zoning Ordinance and a Floodplain Zoning Ordinance in compliance 152 with Wisconsin Statutes. Accordingly, the Zoning Administrator for the Town of 153 Montpelier shall refer to Kewaunee County all applicants seeking Zoning/Land 154 Use Permits for structures or uses which are proposed to be located or conducted 155 within the shoreland/wetland or floodplain area subject to County regulations. If 156 the Zoning Administrator determines that any Town Zoning/Land Use Permit is 157 required for such project, the permit shall not be issued until the county permit 158 has been issued. In a situation where the Town and County regulations conflict, 159 the more restrictive regulations shall apply. 160

10.0208 Erosion Control 161 The Town of Montpelier finds that runoff from construction sites may carry a 162 significant amount of sediment and other pollutants to the waters of this state and 163 the waters of the Town of Montpelier. 164

It is the purpose of this Section to preserve natural resources; to protect the quality 165 of the waters of the state and the Town of Montpelier; and to protect and promote 166 the health, safety, and general welfare of the people of the Town of Montpelier, to 167 the extent practicable, by minimizing the amount of sediment and other pollutants 168 carried by runoff or discharged from construction sites to lakes, streams, and 169 wetlands. 170

Accordingly, no construction site activity shall discharge sediment and other 171 pollutants to lakes, streams, wetlands, or adjoining properties so as to exceed or 172 contribute to the exceeding of minimum standards set forth in applicable state or 173 county regulations or equivalent programs including, but not limited to, 174 Department of Commerce Uniform Dwelling Code and Commercial Building 175 Code provisions contained within Comm. Chapter 21; Comm. Chapters 60 to 176 Chapter 65; Comm. Chapter 101; and, Department of Natural Resources NR 216 177 of the Wisconsin Administrative Code. 178

10.0209 Site Restrictions 179 No land shall be used or structure erected where the land is unsuitable for such 180 use or structure by reason of flooding, concentrated runoff, inadequate drainage, 181 adverse soil or rock formation, unfavorable topography, low percolation rate or 182 bearing strength, erosion susceptibility, or any other feature likely to be harmful 183 to the health, safety, prosperity, aesthetics, and general welfare of this community. 184 The Town of Montpelier Plan Commission, in applying the provisions of this 185 Section, shall in writing recite the particular facts upon which they base their 186 conclusion that the land is not suitable for certain uses. The applicant shall have 187 an opportunity to present evidence contesting such unsuitability if so desired. 188 Thereafter the Town Plan Commission may affirm, modify, or withdraw the 189 determination of unsuitability. 190

Private Sewer and Water. In any district where public sewerage service is A.191 not available, the width and area of all lots shall be sufficient to permit the 192 use of a private onsite waste treatment system designed in accordance with 193 Chapters SPS 383 and SPS 385 of the Wisconsin Administrative Code. 194

Public Access. No Zoning/Land Use Permit shall be issued for construction B.195 unless the main body of the lot upon which the building or structure is to be 196 erected fronts on a public street for a distance of at least 200 feet. 197

All structures shall be located on a lot; and in single-family and two-family C.198 residential districts, only one principal structure shall be located, erected, or 199 moved onto a lot. The Town Plan Commission may permit more than one 200 structure per lot in other districts where more than one structure is needed 201 for the orderly development of the parcel. Where additional structures are 202 permitted, the Plan Commission may impose additional yard requirements, 203 landscaping requirements, parking requirements, or require a minimum 204 separation distance between principal structures. 205

Lots abutting more restrictive district boundaries shall provide side and rear D.206 yards not less than those required in the more restrictive abutting district. 207 The street yards on the less restrictive district shall be modified for a 208 distance of not more than 60 feet from the district boundary line so as to 209 equal the average of the street yards required in both districts. 210

10.0210 Site Plan Review and Architectural Control 211 See Section 10.1000. 212

10.0211 Use Restrictions 213 The following use restrictions and regulations shall apply: 214

Principal Uses. Only those principal uses specified for a district, their A.215 essential services, and the following uses listed in this Section shall be 216 permitted in that district. 217

Accessory Uses and structures are permitted in any district, subject to the B.219 requirements of Section 10.0803 of this Ordinance. Residential accessory 220 uses shall not involve the conduct of any business, trade, or industry except 221 home occupations, home industries and professional home offices as 222 defined in this Ordinance. 223

Conditional Uses and their accessory uses are considered as special uses C.224 requiring review, public hearing, and approval by the Plan Commission in 225 accordance with Section 10.0500 of this Ordinance. 226

Unclassified or Unspecified Uses may be permitted by the Plan D.227 Commission after review and public hearing provided that such uses are 228 similar in character to the principal uses permitted in the district. 229

Temporary Uses such as real estate sales or rental field offices or shelters E.230 for materials and equipment used in the construction of a permanent 231 structure, may be permitted for a period of up to one year by the Plan 232 Commission. Temporary uses may be renewed if the Plan Commission 233 deems such renewal appropriate. Additional temporary conditional uses are 234 set forth in Section 10.0511 of this Ordinance and may be permitted as set 235 forth in that Section. 236

The Accumulation, Storage or Parking of farm, construction, or building F.237 equipment, trucks, tractors, semi-trailers, more than two (2) disassembled, 238 dismantled, junked, wrecked, inoperable, or unlicensed vehicles, 239 refrigerators, furnaces, washing machines, stoves, machinery or parts 240 thereof, wood, brick, concrete block, or other unsightly debris which may 241 tend to depreciate property values in the area or create a nuisance or hazard 242 shall not be permitted on any lot or parcel of land within the Town of 243 Montpelier, except within a permitted salvage yard operated under a 244 Conditional Use Permit, or elsewhere if completely housed and out of 245 public view, or in accordance with Section 10.0604 of this Ordinance. 246

Temporary Placement of a Mobile Home may be permitted in any district G.247 by the Zoning Administrator as temporary or emergency shelter. 248 Emergencies justifying the placement of a mobile home shall include 249 destruction of the permanent home on a lot by wind, fire, or other disaster. 250 A temporary or emergency mobile home permit may be issued for a period 251 of one year and may be renewed for one six-month period. In authorizing 252 the temporary use permit, the Zoning Administrator shall require that the 253 mobile home be oriented in a manner that is compatible with adjacent land 254 uses. Appropriate landscape screening may also be required. 255

10.0212 Reduction or Joint Use 256 No lot, yard, parking area, building area, or other space shall be reduced in area or 257 dimensions so as not to meet the provisions of this Ordinance. No part of any lot, 258 yard, parking area, or other space required for a structure or use shall be used for 259 any other structure or use. 260

10.0213 Permit Fees 261 All persons, firms, or corporations performing work which by this Ordinance 262 requires the issuance of a permit shall pay a fee for such permit to the Zoning 263 Administrator to help defray the cost of administration, investigation, advertising, 264 and processing of permits and variances. A fee shall also be required for a zoning 265 text or map amendment, and a zoning appeal or variance. All fees shall be 266 established by separate resolution by the Town Board, which may be amended 267 and revised from time to time as deemed appropriate. 268

10.0214 Double Fee 269 A Double Fee shall be charged by the Town Zoning Administrator if work is 270 started before a permit is applied for and issued. Such double fee shall not release 271 the applicant from full compliance with this Ordinance nor from prosecution for 272 violation of this Ordinance. 273

10.0215 Violations 274 It shall be unlawful to construct or use any structure, land, or water in violation of 275 any of the provisions of this Ordinance. Failure to secure the necessary permits 276 prior to commencing construction shall also constitute a violation. In the case of 277 any violation, the Town Board of Supervisors, the Zoning Administrator, the 278 Town Plan Commission, or any property owner who would be specifically 279 damaged by such violation may institute appropriate action or proceeding to 280 enjoin a violation of this Ordinance. Violations may be enforced in Kewaunee 281 County Circuit Court by a citation issued by the Zoning Administrator, law 282 enforcement officer empowered to act in the Town of Montpelier, the Town 283 Constable, or any other designated Town of Montpelier official authorized by the 284 Town Board. 285

10.0216 Remedial Action 286 Whenever an order of the Zoning Administrator has not been complied with 287 within 30 days after written notice has been mailed to the owner, resident agent, 288 or occupant of the premises, the Town Board, the Zoning Administrator, or the 289 Town Attorney may institute appropriate legal action or proceedings to prohibit 290 such owner, agent, or occupant from using such structure, land, or water. 291

10.0217 Penalties 292 Any person, firm, or corporation who fails to comply with the provisions of this 293 Ordinance shall, upon conviction thereof, forfeit not less than $10 nor more than 294 $1,000 and costs of prosecution for each violation and in default of payment of 295 such forfeiture and costs shall be imprisoned in the County Jail until payment 296 thereof, but not exceeding 30 days. Each day a violation exists or continues shall 297 constitute a separate offense. Violations may be enforced in Kewaunee County 298 Circuit Court or in a Municipal Court established and created by the Town of 299 Montpelier, by a citation issued by the Zoning Administrator, law enforcement 300 officer empowered to act in the Town of Montpelier, the Town Constable, or any 301 other designated Town of Montpelier official authorized by the Town Board. 302

10.0300 ZONING DISTRICTS 303

10.0301 Establishment 304

For the Purpose of this Ordinance, the Town of Montpelier is hereby A.305 divided into the following Zoning Districts: 306 A-1 Exclusive Agricultural District 307 A-2 Agricultural/Rural Residential District 308 R-1 Residential District 309 R-M Multi-Family Residential District 310 B-1 Business District 311 M-1 Manufacturing District 312 Q-1 Non-Metallic Mining District 313 I-1 Institutional District 314 RPO Rural Preservation Overlay District 315

Boundaries of these districts are hereby established as shown on the Map B.316 entitled “Zoning Map - Town of Montpelier, Kewaunee County, 317 Wisconsin”, which accompanies this Ordinance and is herein made a part of 318 this Ordinance (Appendix B). Such boundaries shall be construed to follow: 319 corporate limits; U. S. Public Land Survey lines; lot or property lines; 320 centerlines of streets, highways, alleys, easements, and railroad rights-of-321 way or such lines extended; unless otherwise noted on the Zoning Map. 322

1. A map entitled “Environmental Features - Town of Montpelier, 323 Kewaunee County, Wisconsin” accompanies this Ordinance and is 324 herein made a part of this Ordinance (Appendix B). The 325 Environmental Features map illustrates bedrock depth and 326 environmental corridors. Environmental corridors are areas on the 327 town’s landscape that contain and connect natural areas that provide 328 for improved water quality, wildlife habitat, the protection of natural 329 resources, groundwater recharge, recreation areas, stormwater 330 management, etc. Environmental corridors consist of navigable waters 331 with a 75-foot setback; WDNR wetlands with a 50-foot buffer; 100-332 year FEMA floodplains; and steep slopes (12 percent or greater). The 333 Environmental Features Map is strictly an advisory tool that can be 334 utilized as a way to promote preservation of areas with environmental 335 significance in the town. 336

Vacation of public streets and alleys shall cause the land vacated to be C.337 automatically placed in the same district as the abutting side to which the 338 vacated land reverts. 339

10.0302 Zoning Map 341 A certified copy of the Zoning Map (Appendix B) shall be adopted and approved 342 with the text as part of this Ordinance and shall bear upon its face the attestation 343 of the Town Chairperson and Town Clerk and shall be available to the public in 344 the office of the Town Clerk. Amendments to the Zoning Map shall take effect 345 upon adoption by the Town Board, and the filing of proof of posting or 346 publication thereof in the office of the Town Clerk. It shall be the duty of the 347 Town Clerk to enter all Zoning Map amendments upon the certified copy of the 348 Zoning Map and certify the same. 349

10.0303 A-1 Exclusive Agricultural District 351

Purposes and Intents of the A-1 Exclusive Agricultural District are: A.352

1. The purposes of the A-1 Exclusive Agricultural District are to: (1) 353 preserve productive agricultural land for food and fiber production; 354 (2) preserve productive farms by preventing land use conflicts 355 between incompatible uses and controlling public services; (3) 356 maintain a viable agricultural base to support agricultural processing 357 and service industries; and (4) prevent conflicts between incompatible 358 uses. 359

2. The A-1 Exclusive Agricultural District is intended to apply to lands 360 in productive farm operations including: (1) lands historically 361 exhibiting high crop yield or capable of such yields; (2) lands which 362 have been demonstrated to be productive for dairying, livestock 363 raising, and grazing; (3) other lands which are integral parts of each 364 farm operations; and (4) land used for the production of specialty 365 crops such as mint, sod, fruits, and vegetables. As a matter of policy, 366 it is hereby determined that the highest and best use of these lands is 367 for agriculture. 368

3. Comply with the requirements of chapter 91, Wis. Stats., so as to 369 provide opportunities for eligible landowners to collect farmland 370 preservation tax credits. 371

Permitted Uses. Pursuant to Chapter 91.44, Wis. Stats., permitted uses in B.373 the A-1 Exclusive Agricultural District include the following: 374 375

1. Agricultural uses. 377

2. The following agriculture-related uses: 378

An agricultural equipment dealership, facility providing (a)379 agricultural supplies, facility for storing or processing 380 agricultural products, or facility for processing agricultural 381 wastes. 382

Any other use that the department, by rule, identifies as an (b)383 agriculture-related use. 384

3. Nonfarm residences constructed in a rural residential cluster 385 according to a conditional use permit issued under Section 1.05(2)(c)2 386 for that cluster. 387

4. Undeveloped natural resource and open space areas. 388

5. Transportation, utility, communication, or other uses that are required 389 under state or federal law to be located in a specific place, or that are 390 authorized to be located in a specific place under a state or federal law 391

that preempts the requirement of a conditional use permit for that use. 392

Conditional Uses. Pursuant to Chapter 91.46, Wis. Stats., conditional uses C.393 in the A-1 Exclusive Agricultural District include the following: 394

1. The following agricultural accessory uses, as defined in Section 395 10.1602 of this Chapter, and including: 396

Antennas (see Section 10.0508). (a)397

Camping trailer, mobile home and houseboat parking limited to (b)398 vehicles owned by the resident owner and not intended for living 399 purposes. 400

Extraction of sand or gravel for use on the farming operation. (c)401

Home occupations incidental to the farm operation (see (d)402 Definitions, Section 10.1600 of this Chapter). 403

Roadside stands not to exceed one per farm. (e)404

Structures necessary for the continuance of the farming (f)405 operation. 406

Commercial storage within agricultural structures. (g)407

Solar Energy Conversion Systems (see Section 10.0510 of this (h)408 Chapter). 409

Wind Energy Systems-Wind Farms (see Section 10.0510 of this (i)410 Chapter). 411

Wind Energy Systems-Farmed-Sized (see Section 10.0510 of (j)412 this Chapter). 413

Wind Energy Systems-Small-Sized (see Section 10.0510 of this (k)414 Chapter). 415

2. The following agriculture-related uses: 416

Animal feedlot (see section 10.0407 and Chapter 9 of the Town (a)417 of Montpelier Code of Ordinances). 418

Animal hospitals and shelters to primarily service farm animals. (b)419

Fur farms and egg production facilities. (c)420

Supportive agri-business activities to include grain elevators; (d)421 seed, fertilizer, and farm chemical sales; feed mills; and similar 422 agricultural activities. 423

Tree farms and related wood processing activities. (e)424

3. Nonfarm residences, if all of the following standards will be met 425 when the approved nonfarm residence comes into existence: 426

If the nonfarm residence will be located in a base farm tract: (a)427

(1) The ratio of nonfarm residential acreage to farm acreage 428

in the base farm tract will not exceed 1:20. 429

(2) There will be no more than 4 dwelling units in nonfarm 430 residences, nor more than 5 dwelling units in residences 431 of any kind, in the base farm tract. 432

(3) The minimum lot size for the nonfarm residence in a 433 base farm tract is 1.5 acres (65,340 square feet). 434

Neither the nonfarm residence, nor the parcel on which the (b)435 nonfarm residence is located, will do any of the following: 436

(1) Convert prime farmland, or cropland other than a 437 woodlot, from agricultural use if there is a reasonable 438 alternative available to the permit applicant. 439

(2) Significantly impair or limit the current or future 440 agricultural use of any other protected farmland. 441

4. Nonfarm residential clusters, if all of the following apply: 442

The conditional use permit includes all of the following (a)443 information: 444

(1) The total number of nonfarm residences authorized by 445 the permit. 446

(2) A legal or survey description of each parcel on which a 447 nonfarm residence is authorized. 448

(3) The number of nonfarm residences authorized on each 449 parcel, if more than one. 450

(4) The number of dwelling units authorized in each 451 authorized nonfarm residence, if more than one. 452

Each of the nonfarm residential parcels shares a boundary with (b)453 at least one other nonfarm residential parcel. 454

Each of the proposed nonfarm residences will meet all of the (c)455 standards under Section 10.0303.C.2(a) of this Chapter when all 456 of the proposed nonfarm residences have come into existence. 457

The conditional use permit prohibits all of the following: (d)458

(1) Any further division of any nonfarm residential parcel. 459

(2) Any nonfarm residence or dwelling unit on a nonfarm 460 residential parcel other than a nonfarm residence or 461 dwelling unit identified in the permit. 462

5. Transportation, Communications, Pipeline, Electric Transmission, 463 Utility, or Drainage Use, provided that all of the following apply: 464

The use and its location in the farmland preservation zoning (a)465 district are consistent with the purposes of the farmland 466 preservation zoning district. 467

The use and its location in the farmland preservation zoning (b)468 district are reasonable and appropriate, considering alternative 469 locations, or are specifically approved under state or federal law. 470

The use is reasonably designed to minimize conversion of land, (c)471 at and around the site of the use, from agricultural use or open 472 space use. 473

The use does not substantially impair or limit the current or (d)474 future agricultural use of surrounding parcels of land that are 475 zoned for or legally restricted to agricultural use. 476

Construction damage to land remaining in agricultural use is (e)477 minimized and repaired, to the extent feasible. 478

6. Governmental, Institutional, Religious, or Nonprofit Community Use, 479 provided that all of the following apply: 480

The use and its location in the farmland preservation zoning (a)481 district are consistent with the purposes of the farmland 482 preservation zoning district. 483

The use and its location in the farmland preservation zoning (b)484 district are reasonable and appropriate, considering alternative 485 locations, or are specifically approved under state or federal law. 486

The use is reasonably designed to minimize the conversion of (c)487 land, at and around the site of the use, from agricultural use or 488 open space use. 489

The use does not substantially impair or limit the current or (d)490 future agricultural use of surrounding parcels of land that are 491 zoned for or legally restricted to agricultural use. 492

Construction damage to land remaining in agricultural use is (e)493 minimized and repaired, to the extent feasible. 494

7. Nonmetallic Mineral Extraction, provided that all of the following 495 apply: 496

The operation complies with Subchapter I of Chapter 295, Wis. (a)497 Stats., and rules promulgated under that subchapter, with 498 applicable provisions of the local ordinance under Chapter 499 295.13 or Chapter 295.14, Wis. Stats., and with any applicable 500 requirements of the department of transportation concerning the 501 restoration of nonmetallic mining sites. 502

The operation and its location in the farmland preservation (b)503 zoning district are consistent with the purposes of the farmland 504 preservation zoning district. 505

The operation and its location in the farmland preservation (c)506 zoning district are reasonable and appropriate, considering 507 alternative locations outside the farmland preservation zoning 508

district, or are specifically approved under state or federal law. 509

The operation is reasonably designed to minimize the conversion (d)510 of land around the extraction site from agricultural use or open 511 space use. 512

The operation does not substantially impair or limit the current (e)513 or future agricultural use of surrounding parcels of land that are 514 zoned for or legally restricted to agricultural use. 515

The conditional use permit requires the owner to restore the land (f)516 to agricultural use, consistent with any required locally approved 517 reclamation plan, when extraction is completed. 518

8. Airfields, airports and heliports incidental to the farm operation and 519 not open to the public. 520

521 Rezoning Land out of A-1 Exclusive Agricultural District. D.522

1. The Town of Montpelier may rezone land out of a farmland 523 preservation zoning district without having the rezoning certified 524 under Chapter 91.36, Wis. Stats., if the Town finds all of the 525 following, after public hearing: 526

The land is better suited for a use not allowed in the farmland (a)527 preservation zoning district. 528

The rezoning is consistent with the Town of Montpelier (b)529 comprehensive plan. 530

The rezoning is substantially consistent with the Kewaunee (c)531 County certified farmland preservation plan. 532

The rezoning will not substantially impair or limit current or (d)533 future agricultural use of surrounding parcels of land that are 534 zoned for or legally restricted to agricultural use. 535

2. The Town of Montpelier shall by March 1 of each year provide to 536 DATCP a report of the number of acres that the political subdivision 537 has rezoned out of a farmland preservation zoning district under 538 Section 10.0303.D.1 of this Chapter during the previous year and a 539 map that clearly shows the location of those acres. 540

3. The Town of Montpelier shall by March 1 of each year submit a copy 541 of the information that it reports to DATCP under Section 542 10.0303.D.2 of this Chapter to Kewaunee County. 543

4. If the Town of Montpelier fails to comply with Section 10.0303.D.2 544 of this Chapter, DATCP may withdraw the certification granted under 545 Chapter 91.06, 2007 Wis. Stats., or under Chapter 91.36 Wis. Stats 546 for the Town of Montpelier farmland preservation zoning ordinance. 547

548 549

550 Maximum Building Height and Setbacks E.551

552 1. Lot or Farm Size Area

Minimum 1.5 acres Minimum 200 feet of road frontage

2. Building: Farm Dwellings and non-farm accessory structures

Height

Maximum 35 feet No maximum on other structures

3. Setbacks: Farm Dwelling & Accessory Structures

Rear Yard Side Yard

Minimum 25 feet; minimum 10 feet for accessory and buildings which are not dwellings Minimum 25 feet; minimum 10 feet for accessory and buildings which are not dwellings

Town Road Minimum 65 feet from center of road

County Road Minimum 75 feet from center of road

State and Federal Highway

Minimum 85 feet from center of road Minimum 110 feet from center of road in subdivisions*

Maximum dwelling setback

400 feet from center of road (Also see Section 10.0311)

* Trans 233.08 of the Wisconsin Administrative Code. 553 554

10.0304 A-2 Agricultural/Rural Residential District 555

Purpose and Intent of the Agricultural-Rural Residential District (A-2) A.556

The purpose of the A-2 District is to provide a mixture of low density B.557 residential and agricultural land uses. This district is designed to permit 558 utilization of smaller land parcels in predominantly agricultural areas for 559 small scale agricultural and rural residential uses. Permitted Uses. The 560 following uses are permitted in this district: 561

1. Single family dwellings or manufactured homes. 562

2. General farming, orchards, vegetable raising, plant nurseries and 563 greenhouses. 564

3. Essential Services 565

Permitted Accessory Uses C.566

1. Accessory buildings, including buildings clearly incidental to the 567 residential use of the property, provided that no accessory building 568 may be used as a separate dwelling unit. 569

2. Antennas (see Section 10.0508) 570

3. Day Care Home-Family 571

4. Religious institutions. 572

5. Roadside stands not exceeding one per farm or residence. 573

Conditional Uses (Also see Section 10.0500) D.574 A conditional use in this district is to permit the following uses only after 575 public meeting and approval of the Plan Commission. 576

1. Airports and landing strips. 577

2. Cemeteries 578

3. 579

4. Day-Care Center, Group 580

5. Two-, three-, and four-family dwellings. 581

6. Governmental and cultural uses, such as fire and police stations, 582 community centers, libraries, public emergency shelters, parks, 583 playgrounds, and museums. 584

7. Home Occupations, (see Section 10.0803 B.) 585

8. Home occupations and industries, when such operation is incidental 586 to the residential use of the premises and does not involve any 587 external alteration that would effect a substantial change in the 588 residential character of the building. (see Section 10.0803 B.). 589

9. Home Office. (see Section 10.0803 B) 590

10. Park and recreational uses 591

11. Public, parochial and private, elementary, junior high and senior high 592 schools 593

12. Sand, gravel, stone, and nonmetallic mineral extraction 594

13. Secondary suites. 595

14. Sewage Treatment plants 596

15. Solar Energy Conversion Systems (see Section 10.0510 B) 597

16. Solid Waste, Recycling, Storage or Transfer Facility 598

17. Solid Waste Disposal Sites and Facilities 599

18. Signs 600

19. Trade or Contractors Establishments 601

20. Utilities 602

21. Wireless Communication facilities, including commercial radio and 603 commercial television towers (see Section 10.0508) 604

22. Wind Energy Systems-Farmed-Sized (see Section 10.0510) 605

23. Wind Energy Systems-Small-Sized (see Section 10.0510) 606

Lot Area, Height, and Setbacks E.607 1. Lot or Farm Size Area

2. Building: Farm Dwellings and non-farm accessory structures

Height

Maximum 35 feet No maximum on other structures

3. Setbacks: Farm Dwelling & Accessory Structures

Rear Yard Side Yard

* Trans 233.08 of the Wisconsin Administrative Code. 608 Corner lots (a lot abutting two or more streets at their intersection) shall 609 provide a minimum lot width of not less than 200 feet along each street. 610 Lots located on a cul-de-sac or curve may be reduced to not less than 66 611 feet in width at the street right-of-way line provided there is at least 200 feet 612 of width at the required building setback line. 613

10.0305 R-1 Residential District 614 The R-1 Residential District is intended to provide for single-family and two-615 family development served by private onsite waste treatment systems and private 616 wells. 617

Principal Uses A.618

1. Community living arrangements, community-based residential 619 facilities (CBRF) which have a capacity for 8 or fewer persons, and 620

foster family homes, subject to the limitations set forth in Section 621 60.63 of the Wisconsin Statutes. 622

2. Single-family dwellings. 623

3. Two-family dwellings 624

4. Essential services. 625

5. Family day care homes. 626

Permitted Accessory Uses B.628

1. Other accessory structures and uses as specified in Section 10.0803 629

Conditional Uses (Also see Section 10.0500) C.630

1. Clinics. 631

2. Community living arrangements with capacity for 9 or more persons, 632 subject to Section 60.63 of the Wisconsin Statutes. 633

3. Commercial day cares. 634

4. Three- and four-family dwellings. 635

5. Elderly housing. 636

6. Energy conservation uses (See Section 10.0510). 637

7. Home industries. 638

8. Nursing homes. 639

9. Public, parochial, and private schools, colleges, and universities. 640

10. Secondary suites. 641

11. Utilities. 642 643

Lot Area, Height, and Setbacks D.644 1. Lot Size Area

Minimum 1 acre Minimum 200 feet of road frontage

2. Building: Dwellings and accessory structures

Height

Maximum 35 feet

3. Setbacks: Dwelling & Accessory Structures

Rear Yard Side Yard

* Trans 233.08 of the Wisconsin Administrative Code. 645

Corner lots (a lot abutting 2 or more streets at their intersection) shall 646 provide a minimum lot width of not less than 200 feet along each street. 647 Lots located on a cul-de-sac or curve may be reduced to not less than 66 648 feet in width at the street right-of-way line provided there is at least 200 feet 649 of width at the required building setback line. 650

10.0306 R-M Multi-Family Residential District 651 The R-M Multi-Family Residential District is intended to provide for multi-family 652 development (i.e., more than two units) in areas designated for concentrated 653 growth as identified in the town’s comprehensive plan, and where such dwellings 654 are served by a public sanitary sewerage system. 655

1. Community living arrangements, community-based residential 657 facilities (CBRF) which have a capacity for 15 or fewer persons, and 658

foster family homes, subject to the limitations set forth in Section 659 60.63 of the Wisconsin Statutes. 660

3. Family day care homes. 662

4. Multi-family dwellings. 663

5. Single-family dwellings. 664

6. Two-family dwellings. 665

1. Other accessory structures and uses as specified in Section 10.0803 668

1. Circular driveways. 670

2. Community-based residential facilities for 16 or more people, subject 671 to the limitations set forth in Section 60.63 of the Wisconsin Statutes. 672

4. Home industries. 674

6. Manufactured/Mobile home parks (See 10.0506 H). 676

8. Clinics. 678

9. Commercial day care centers 679

10. Public or private schools, colleges, and universities. 680

11. Utilities. 681

Minimum 1 acre Minimum 200 feet of road frontage

2. Building: Dwellings and accessory structures

Height

Maximum 35 feet

3. Setbacks: Dwelling & Accessory Structures

Rear Yard Side Yard

* Trans 233.08 of the Wisconsin Administrative Code. 683 Corner lots (a lot abutting 2 or more streets at their intersection) shall 684 provide a minimum lot width of not less than 200 feet along each street. 685 Lots located on a cul-de-sac or curve may be reduced to not less than 66 686 feet in width at the street right-of-way line provided there is at least 200 feet 687 of width at the required building setback line. 688

The total minimum floor area of a principal structure shall be 2,000 square 689 feet with a minimum floor area of 500 square feet per dwelling unit. 690

10.0307 B-1 Business District 692 The B-1 Business District is intended to provide for the orderly and attractive 693 grouping at appropriate locations of businesses offering a wide range of retail 694 products and services. The character, appearance, and operation of such 695 businesses should be compatible with surrounding uses. 696

1. Animal hospitals and veterinary services. 698

2. Antique and collector stores. 699

3. Art galleries. 700

4. Automotive sales and service. 701

5. Bakeries. 702

6. Bowling alleys. 703

7. Building supply stores 704

8. Clinics. 705

9. Commercial boat and recreational vehicle storage. 706

10. Confectioneries, soda fountains, and ice cream stores. 707

11. Delicatessens. 708

12. Electronic equipment sales, service, and repair. 709

14. Financial institutions; including drive-in facilities. 711

15. Florists. 712

16. Garden centers. 713

17. Gasoline service stations provided that all service islands and pumps 714 shall meet the setback requirements. 715

18. Grocery and specialty food stores. 716

19. Interior decorators. 717

20. Motels and hotels. 718

21. Offices. 719

22. Parking lots and structures. 720

23. Personal services. 721

24. Photography and art studios. 722

25. Physical fitness centers. 723

26. Publishing houses. 724

27. Radio and television broadcast studios, not including transmitting 725

towers. 726

29. Restaurants 728

30. Retail establishments. 729

31. Self service laundry and dry-cleaning establishments. 730

32. Self-service storage facilities (mini-warehouses) provided that no 731 perishable products may be stored; no flammable or explosive 732 materials may be stored; and no sale of merchandise is conducted 733 from a mini-warehouse. 734

33. Taverns and cocktail lounges. 735

34. Theaters. 736

1. Accessory structures and uses as specified in Section 10.0803. A. 738

2. Garages used for storage of vehicles used in conjunction with the 739 operation of a business. 740

3. Off-street parking and loading areas. 741

4. Residential quarters for the owner, proprietor, commercial tenant, 742 employee or caretaker located in the same building as the business. 743

5. Rental apartments on a non-ground floor. 744

1. Adult-oriented uses. 746

2. Commercial animal raising and boarding including stables and 747 kennels. 748

3. Commercial day care centers. 749

6. Funeral homes and crematoriums. 752

7. Greenhouses, Nurseries, Truck Farms, And Orchards, Which Have 753 Retail Trade Connected with the business. 754

9. Radio and television transmission towers. 756

10. Recreational uses (See Section 10.0509). 757

11. Utilities. 758

12. Wireless communication facilities (See Section 10.0508). 759

2. Building:

Height

Maximum 35 feet

3. Setbacks:

Rear Yard Side Yard

Minimum 25 ft for Principal Use, 10 feet for Accessory Use Minimum 25 ft for Principal Use, 10 feet for Accessory Use

Maximum building setback

* Trans 233.08 of the Wisconsin Administrative Code. 761

1. Individual business sites in the B-1 District shall provide sufficient 762 area for the principal building and its accessory buildings, off-street 763 parking and loading areas, and required yards. 764

2. Shopping centers shall contain a minimum area of 5 acres and shall be 765 not less than 300 feet in width. 766

Plans and Specifications Pursuant to Section 10.1000 of the Ordinance to be E.767 Submitted to Town Plan Commission 768 To encourage a business environment that is compatible with the rural 769 character of the Town, Zoning/Land Use Permits for permitted uses in the 770 B-1 Business District shall not be issued without review and approval of the 771 Town of Montpelier Plan Commission. Review and approval shall be 772 concerned with general layout, building plans, ingress and egress, parking, 773 loading and unloading, landscaping, and open space utilization. 774

10.0308 M-1 Manufacturing District 776 The M-1 Manufacturing District is intended to provide for manufacturing, 777 industrial, and related uses of a limited nature and size, which on the basis of 778 actual physical and operational characteristics would not be detrimental to the 779 surrounding area or to the Town as a whole by reason of smoke, noise, dust, odor, 780 traffic, physical appearance, or other similar factors. 781

1. Auto body repair, engine repair. 783

2. Custom manufacturing. 784

3. Commercial greenhouses. 785

5. Food locker plants. 787

6. Lumber yards. 788

7. Machine shops. 789

8. Non-flammable gases and liquids storage, not to exceed 50,000 790 gallons. 791

9. Non-hazardous chemical manufacturing, processing, or use. 792

10. Processing of dairy products, and vegetables. 793

11. Warehousing. 794

12. Wholesaling. 795

1. Off-street parking and loading areas. 797

2. Office, storage, power supply, and other uses normally auxiliary to 798 the principal industrial operation. 799

3. Other accessory structures and uses as specified in Section 10.0803. 800 A. 801

4. Garages used for storage of vehicles used in conjunction with the 802 operation of a business. 803

1. Airports, airstrips, and landing fields. 805

2. Commercial butchering/meat processing 806

4. Laboratories. 808

5. Lumber yards. 809

9. Sewage treatment plants. 813

10. Storage of bulk fertilizer and fuel. 814

11. Truck and other transportation terminals. 815

12. Utilities. 816

13. Wireless communication facilities (See Section 10.0508). 817 818

2. Building:

Height

Maximum 50 feet

3. Setbacks:

Rear Yard Side Yard

* Trans 233.08 of the Wisconsin Administrative Code. 820 Corner lots shall provide a minimum lot width of not less than 200 feet for 821 each side fronting on a street. 822

Plans and Specifications Pursuant to Section 10.1000 of the Ordinance to be E.823 Submitted to Plan Commission 824 To encourage an industrial environment that is compatible with the rural 825

character of the Town, Zoning/Land Use Permits for permitted uses in the 826 M-1 Manufacturing District shall not be issued without review and approval 827 of the Town of Montpelier Plan Commission. Said review and approval 828 shall be concerned with general layout, building plans, ingress and egress, 829 parking, loading and unloading, landscaping, and open space utilization. 830

10.0309 Q-1 Non-Metallic Mining District 831 The Q-1 Non-Metallic Mining District is intended to provide for the conduct of 832 quarries limited to extraction of onsite materials, to provide for related operations, 833 and for the proper restoration of the quarried areas. These regulations provide for 834 the restoration of quarries and extractive areas in a manner that will not 835 deteriorate the natural environment, and are intended to be utilized in existing and 836 planned quarry and extractive use areas. 837

Permitted Accessory Uses B.840 Accessory uses in the Q-1 District shall require a conditional use permit and 841 shall be limited to those accessory uses listed in Subsection 10.0309. C. 842 (12). below. 843

1. Aggregate, ready-mix, and asphalt plants, when accessory to active 845 quarrying operations. 846

3. Manufacture of concrete building blocks or other similar concrete 848 products, when accessory to quarrying operations. 849

4. Peat and soil removal. 850

5. Processing, crushing, refining, or washing of gravel, mineral ore, 851 sand, or stone, when accessory to quarrying operations. 852

6. Quarrying of gravel, mineral ore, sand, or stone. 853

9. Stockpiling of gravel, mineral ore, sand, or stone, when accessory to 856 quarrying operations. 857

10. Utilities. 858

11. Wireless communication facilities (See Section 10.0508). 859

12. The following uses where accessory to a conditional use: 860

Garages for the storage of vehicles. (a)861

Ground-mounted and building-mounted satellite dish and (b)862 terrestrial antennas. 863

Maintenance buildings and weighing scales. (c)864

Off street parking and loading areas, provided they are properly (d)865 screened, offices, storage, and power supply uses and structures. 866

Processing of mineral ore when accessory to quarrying (e)867 operations 868

Lot Area and Width D.869

1. Lots shall be a minimum of 3 acres in area. 870

2. Lots shall not be less than 250 feet in width. 871

Yards E.872

1. No quarrying activities, crushing or washing operation or material 873 stockpile shall be located closer than 200 feet to any property line. 874

2. No building or parking area shall be located closer than 100 feet to a 875 road centerline or 50 feet to any other property. 876

3. No quarrying activity, crushing or washing operation, material 877 stockpile, building, or parking area shall located closer than 75 feet 878 from the ordinary highwater mark of any navigable body of water. 879

Building Height F.880 No building or structure, or parts of a building or structure shall exceed 70 881 feet in height. 882

Operation Plan Required G.883 Each applicant for a conditional use in the Q-1 District shall submit an 884 operation plan for approval by the Town Plan Commission. The operation 885 plan shall specify: 886

1. A timetable for operation of the quarry, including the date on which 887 the quarrying, extractive, or other operation will begin and the 888 planned date of the completion of the operation. 889

2. A phasing plan showing the location and timing of all proposed 890 phases. 891

3. Hours of operation and days of operation for the quarrying, extractive, 892 or other operation. 893

4. The means by which noise, dust, and other potential nuisances will be 894 controlled. 895

5. The means by which the applicant will control stormwater runoff and 896 erosion to protect watersheds and groundwater aquifers. 897

6. The location, height, and type of all proposed fences. 898

7. All machinery and equipment to be used and/or stored during the 899 quarrying, extractive, or other operation, and the location thereof. 900

8. A transportation plan identifying the mode of transportation to be 901

used, the size and types of vehicles to be used, the number and 902 frequency of trips to and from the site, and the routes to be used by 903 trucks. 904

9. Conduct pump tests to determine aquifer withdrawals and impacts to 905 water table. 906

10. The location and type of landscaping to be used to screen the 907 quarrying operation from adjacent land uses and public rights-of-way. 908

11. Other information as required by the Town Plan Commission. 909

Restoration Requirements H.910 In order to ensure that the area of a quarrying or related operation shall be 911 restored to a condition of practical usefulness and reasonable physical 912 attractiveness, the owner or operator shall submit to the Town Plan 913 Commission the approved plan for such restoration in accordance with the 914 requirements of Kewaunee County Non-Metallic Mining Reclamation 915 Ordinance. 916

10.0310 I-1 Institutional District 917 The I-1 Institutional District is intended to eliminate the ambiguity of 918 maintaining, in unrelated use districts, areas which are under public or public-919 related ownership and where the use for public purpose is anticipated to be 920 permanent. 921

1. Cemeteries. 923

3. Funeral homes and crematoriums. 925

4. Hospitals and clinics. 926

5. Libraries, community centers, museums, and public art galleries. 927

6. Nursing homes and assisted living facilities. 928

7. Public or private schools, colleges, and universities. 929

8. Public administrative offices and public service buildings, including 930 fire and police stations. 931

9. Public utility offices. 932

11. Sanatoriums. 934

1. Accessory structures and uses as specified in Section 10.0803.A. 936

2. Garages for storage of vehicles used in conjunction with the operation 937 of a permitted use. 938

3. Residential quarters for caretakers or clergy. 939

4. Service buildings and facilities normally accessory to a principal use. 940 941

1. Conservatories. 943

3. Gymnasiums. 945

4. Music hall. 946

5. Park and recreational uses 947

6. Playfields or athletic fields. 948

7. Public swimming pools. 949

8. Tennis courts. 950

9. Sewage treatment plants. 951

10. Utilities. 952

2. Building:

Height

Maximum 50 feet

3. Setbacks:

Rear Yard Side Yard

* Trans 233.08 of the Wisconsin Administrative Code. 954 Corner lots shall provide a lot width of not less than 200 feet for each side 955 fronting on a street. 956

Plans and Specifications Pursuant to Section 10.1000 of the Ordinance to be E.957 Submitted to The Plan Commission 958 To encourage an institutional environment that is compatible with the rural 959 character of the Town, Zoning/Land Use Permits for uses in the I-1 District 960 shall not be issued without review and approval of the Town of Montpelier 961 Plan Commission. Said review and approval shall be concerned with 962 general layout, building plans, ingress and egress, parking, loading and 963 unloading, landscaping, and open space utilization. 964

10.0311 RPO Rural Preservation Overlay District 965

Purpose and Intent of the Rural Preservation Overlay District RPO A.966 The RPO Rural Preservation Overlay District is hereby established as a 967 zone which overlays the entire Town of Montpelier. 968 The intent of the RPO Rural Preservation Overlay district is to conserve, 969

sustain, protect and enhance the agricultural land uses, natural resources, 970 prime soils, and aesthetic appeal of the rural landscape from fragmentation, 971 while allowing development of properties. 972 Overlay districts provide for the possibility of superimposing certain 973 additional requirements upon a basic zoning district without disturbing the 974 requirements of the basic district. The uses of the underlying standard 975 zoning district shall remain in force. 976 The following standards for the RPO Rural Preservation Overlay district are 977 provided to discourage any uses from negatively impacting agriculture 978 and/or working lands as the primary land use. 979

Permitted Uses B.981

1. Principal Uses shall be those permitted in the underlying zoning 982 district. 983

Conditional Uses C.984

1. Conditional Uses shall be those permitted in the underlying zoning 985 district. 986

Site Plan Required D.987

1. All uses proposed in the RPO Rural Preservation Overlay District 988 shall be subject to site plan review procedures in Section 10.1000 of 989 this Ordinance. The Plan Commission, prior to the issuance of a 990 Zoning/Land Use permit, must approve all building locations and 991 design. 992

Special Requirements E.993

1. Setbacks: There shall be minimum 100-foot building setback from the 994 nearest farm operation. 995

2. Dwelling depth shall not exceed 400 feet from center of road. 996

3. The maximum allowable density shall be two (2) dwelling units per 997 face-40 acres (see Definitions, Section 10.1600). 998

Dwellings existing at the time of adoption of this Ordinance are (a)999 included in the maximum allowable density of the RPO district. 1000

4. Drainage 1001 Storm water drainage should be directed into natural drainage 1002 channels and detention / retention ponds, pond edges and drainage 1003 channels shall be protected from erosion by natural aquatic vegetation 1004 whenever possible. When storm water volumes and/or velocities 1005 indicate more substantial measures than planting are required to 1006 control erosion, limestone rip-rap may be used. 1007

On-Site Utilities F.1008 All on-site utilities, including but not limited to electrical, telephone, and 1009

cable, shall be installed as underground facilities. This shall apply to 1010 utilities running from the utility easement or road right-of-way to structures 1011 and to utilities supplying service between structures. 1012

10.0312 MRC Mixed Residential / Commercial District 1013 1014

Purpose and Intent of the Mixed Residential / Commercial District A.1015 The purpose of the MRC Mixed Residential / Commercial District is to 1016 provide standards of development that relate to the special character and 1017 desired future for the areas identified as Mixed Residential / Commercial on 1018 the Future Land Use Map of the 2016 Addendum to the 2006 1019 Comprehensive Plan. The MRC District is intended to provide an area of 1020 mixed residential and commercial uses within the same structure, on the 1021 same site, consistent with the principals of Traditional Neighborhood 1022 Design. Such Principals include: 1023

1. Compact development. 1024

2. Development designed for the human scale. 1025

3. A mix of uses, including residential, commercial, civic, and open 1026 space uses in close proximity to one another within the neighborhood. 1027

4. A mix of housing styles, types, and sizes to accommodate households 1028 of all ages, sizes, and incomes. 1029

5. Allow a mixture of compatible uses within the same structure, on the 1030 same parcel, or on adjoining parcels. 1031

6. Allow for interconnected buildings. 1032

7. Incorporates multi-modal transportation options. 1033

8. incorporates significant environmental features into the design. 1034

9. Inconsistent with the Town’s adopted comprehensive plan. 1035

Permitted Uses. B.1036

1. Principal uses shall be those identified as permitted in the R-1 1037 Residential District. 1038

Permitted Accessory Uses. C.1039

1. Those identified as permitted accessory uses in the R-1 Residential 1040 District. 1041

Conditional Uses. D.1042

1. Conditional uses shall be those identified as conditional in the R-1 1043 residential District and permitted or conditional in the B-1 Business 1044 District. 1045

Conditional Accessory Uses. E.1046

1. Those identified as permitted accessory uses in the B-1 Business 1047

District. 1048

Site Plan Required F.1049

1. All nonresidential uses proposed in the MRC Mixed Residential / 1050 Commercial District shall be subject to site plan review procedures in 1051 Section 10.1000 of this Chapter. The Plan Commission, prior to the 1052 issuance of a Zoning/Land Use permit, must approve all building 1053 locations and design. 1054

Special Requirements for Nonresidential Uses. G.1055

1. Building Architecture. 1056

Any exterior building wall (front, side or rear) facing STH 29 or (a)1057 shall avoid long expanses of uniform flat walls by using offsets, 1058 recesses and/or projections, changes in plane, changes in height, 1059 windows, awnings, arcades, and/or colonnades. 1060

One dominant material should be selected with its own natural (b)1061 integrity and any exterior building wall facing STH 29 shall be 1062 constructed using one of the following materials: 1063

(1) Clay or masonry brick. 1064

(2) Customized concrete masonry with striated, scored, or 1065 broken faced brick type units (sealed) with color 1066 consistent with design theme. 1067

(3) Poured in place, tilt-up or pre-cast concrete. Poured in 1068 place and tilt-up walls shall have a finish of stone, a 1069 texture or a coating. 1070

(4) Natural stone. 1071

Non-decorative exposed concrete block buildings are prohibited, (c)1072 as are pre-engineered metal buildings, corrugated metal-sided 1073 buildings, and wood sided buildings unless such metal buildings 1074 and wood sided buildings are enhanced on all elevations by the 1075 application of brick, decorative masonry, or decorative stucco 1076 surfaces in combination with decorative fascia overhangs, trim, 1077 as detailed above. 1078

Drainage pipes on exterior building walls facing a street must be (d)1079 integral to the design and non-apparent. 1080

In the design of buildings or clusters of buildings, developers (e)1081 should orient projects so that the side(s) facing STH 29 form the 1082 front of the project. Where fronting toward STH 29 is not 1083 feasible due to the location of access roads and other site 1084 constraints, the project should be oriented and designed in such a 1085 manner so as to convey a pleasing appearance from STH 29 and 1086 treated per a through d above. 1087

Where additions are proposed for buildings constructed prior to (f)1088 the effective date of this Chapter and such buildings do not 1089 comply with the standards in this section, such additions need 1090 not comply with the standards in this section as long as the 1091 addition(s) are not in excess of fifty (50) percent of the existing 1092 floor area of the existing building. Any additions in excess of 1093 fifty (50) percent of the existing floor area of the existing 1094 building constructed prior to the effective date of this Chapter, 1095 shall comply with the standards in this Section. 1096

Exceptions to the Building Architecture standards set forth in (g)1097 this Section may be granted by the Plan Commission, or 1098 designee, for structures of comparable design and building 1099 materials. 1100

2. Landscaping. 1101

A minimum of fifteen (15) percent of the total area of each lot (a)1102 shall be devoted to landscaped open space. 1103

All open areas of any lot not used for parking, driveways or (b)1104 storage shall be landscaped with trees, shrubs, berms and planted 1105 ground cover. 1106

The Plan Commission may require the use of regionally native (c)1107 species. The following species, identified as invasive by the 1108 Wisconsin Department of Natural Resources, shall not be 1109 utilized for landscaping purposes: 1110

(1) Norway Maple 1111

(2) Bigtooth Aspen 1112

(3) Grey Dogwood 1113

(4) Red Osier Dogwood 1114

(5) Wayfaring tree 1115

(6) Smooth Sumac 1116

(7) Staghorn Sumac 1117

(8) Japanese Barberry 1118

All parking areas shall be landscaped with a buffer strip not less (d)1119 than fifteen (15) feet wide located between the edge of the right-1120 of-way of or any current or future frontage road and the surface 1121 of the parking area. 1122

Landscaping shall be adequately maintained for the duration of (e)1123 the approved land use. Failure to adequately maintain 1124 landscaping may result in fines of $100.00 per day with each day 1125 of noncompliance constituting a separate offense. 1126

3. Onsite Utilities. 1127

All on-site utilities, including but not limited to electrical, (a)1128 telephone, and cable, shall be installed as underground facilities. 1129 This shall apply to utilities running from the utility easement or 1130 street right-of-way to structures and to utilities supplying service 1131 between structures. 1132

4. Building, Sign and Parking Setback Requirements. 1133

No building shall be constructed nearer than fifty (50) feet from (a)1134 the right-of-way of any public street or highway. Signs and 1135 parking area shall be setback twenty-five (25) feet from the 1136 right-of-way of any public street or highway. 1137

Minimum side yards shall be fifteen (15) feet. (b)1138

Minimum rear yards shall be twenty-five (25) feet; however, (c)1139 parking shall be allowed with a five (5) foot minimum setback 1140 provided a (5) foot landscaped buffer is provided. 1141

5. Lot Size Minimum. 1142

30,000 sq. ft. minimum for any lot which fronts onto the right-(a)1143 of-way of STH 29, or frontage road paralleling STH 29. 1144

Minimum frontage on public street: One hundred fifty (150) (b)1145 feet. 1146

Off-Street Parking (refer to Section 10.0600 of this Chapter). (c)1147 1148

10.0400 PARTICULAR USE REQUIREMENTS 1149

10.0401 Purpose 1150 The purpose of these requirements is to minimize potential negative impacts from 1151 certain uses and to promote compatibility between particular uses and surrounding 1152 uses. 1153

10.0402 Applicability 1154 In addition to complying with other regulations established in this Chapter, these 1155 requirements must be met for each specific use. These requirements shall 1156 override any requirements which are described elsewhere in this Chapter for the 1157 Zoning Districts, but only to the extent that they conflict with such requirements. 1158

10.0403 Mobile Homes 1159 This Section of the Zoning Ordinance provides for the location and provisions 1160 thereof in the placement of Mobile Homes in the Town of Montpelier. 1161

Definition A.1162 "MOBILE HOME" means a vehicle manufactured or assembled before 1163 June 15, 1976, designed to be towed as a single unit or in sections upon a 1164 highway by a motor vehicle and equipped and used, or intended to be used, 1165 primarily for human habitation, with walls of rigid un-collapsible 1166 construction, which has an overall length in excess of 45 feet. Mobile home 1167 includes the mobile home structure, its plumbing, heating, air conditioning 1168 and electrical systems, and all appliances and all other equipment carrying a 1169 manufacturer's warranty. 1170

Mobile Homes, as defined above, may be permitted provided that: B.1171

1. A mobile home shall be equipped with a lavatory, bathtub (or 1172 shower), and a water closet. 1173

2. Minimum Height- The above shall not be greater than 80 percent of 1174 the average width. 1175

3. All mobile homes shall comply with the minimum regulations set 1176 forth in all Districts and any legally existing mobile home shall be 1177 treated as single family, prefabricated housing. 1178

4. After placement, a mobile home shall be skirted, and the tongue shall 1179 be covered or removed as to take on the appearance of a conventional 1180 home. 1181

5. Mobile homes shall be placed on firm foundations. 1182

6. When mobile homes are not connected to a public water supply or 1183 public sewage system, they shall conform to the requirements of a 1184 single family residence for the respective District or shore land, 1185 whichever applies. 1186

All mobile homes shall comply with regulations set forth in the Zoning C.1187 District that they are located, Town of Montpelier Zoning Ordinance. 1188

All mobile homes shall comply with the Kewaunee County Sanitary D.1189 Ordinance Sections. 1190

Mobile homes must be skirted within thirty (30) days and comply as E.1191 follows: 1192

1. Skirting of the lower area below the floor level shall be required on all 1193 mobile home units in manufactured/mobile home parks and those 1194 presently parked within the Town of Montpelier. 1195

2. The type of skirting shall be of such material and color that it will 1196 blend with the original color, material, fabric and/or design of the 1197 original mobile home itself, except: 1198

3. A permanent foundation, wall or basement may be erected to support 1199 any mobile home unit in lieu of the above requirements for skirting. 1200

10.0404 Manufactured Home 1201

Definition A.1202 "Manufactured Home" means a structure certified and labeled as a 1203 manufactured home under 42 U.S.C. 5401 through 5425, which, when 1204 placed on a site: 1205

1. Is set on an enclosed foundation in accordance with Sec. 70.043 (1), 1206 Stats., and sub-chapters III, IV and V of ch. ILHR 21, Wis. Admin. 1207 Code, or is set on a comparable enclosed foundation system approved 1208 by the Zoning Administrator. The Zoning Administrator may require 1209 a plan to be certified by a registered architect or engineer to ensure 1210 proper support for the home. 1211

2. Is installed in accordance with the manufacturer's instructions. 1212

3. Is properly connected to utilities. 1213

All manufactured homes shall comply with regulations set forth in the B.1214 District that they are located. Manufactured homes are permitted in the 1215 same Districts as single family and two family dwellings. 1216

Parking of manufactured homes outside of a mobile home park for C.1217 occupancy. 1218

1. No person shall park a manufactured home outside of a mobile home 1219 park for occupancy or change its location within the Town without 1220 first obtaining a Zoning/Land Use Permit from the Town. Such 1221 permit may be obtained by application from the Zoning 1222 Administrator. 1223

2. All manufactured homes moved into the Town of Montpelier after the 1224 adoption of this Chapter shall abide by the following requirements: 1225

The manufactured date of all manufactured shall be as of June (a)1226

1976 or newer and must meet HUD requirements. All 1227 previously occupied manufactured homes must be inspected by a 1228 State Certified Home Inspector using Town of Montpelier 1229 supplied forms or forms approved by the Zoning Administrator. 1230 The Town Zoning Administrator can approve and issue a permit 1231 if all elements on the inspection report were satisfactory. If a 1232 problem was found and corrected within six (6) months, and a 1233 second inspection verified the correction, a permit shall be 1234 issued by the Zoning Administrator. 1235

No construction of any additions, windbreaks, carports, (b)1236 permanent garages, utility sheds or any other improvement to a 1237 mobile home shall be commenced without first obtaining a 1238 Zoning/Land Use Permit as provided for in the Town of 1239 Montpelier zoning ordinance. 1240

No converted vehicles such as but not limited to vans, semi-(c)1241 trailers or school buses are to be considered manufactured home 1242 units within the scope of this Chapter. The parking of such 1243 vehicles within the Town of Montpelier is strictly prohibited. 1244 Likewise, no manufactured home is to be utilized as a storage 1245 shed and permits will not be issued for such use. 1246

A sanitary permit or privy permit from Kewaunee County shall (d)1247 be required before being granted a Zoning/Land Use Permit for 1248 the placement of a manufactured home in the Town of 1249 Montpelier. 1250

All existing manufactured homes which do not conform to the (e)1251 standards set forth above at the time of adoption of this Chapter 1252 shall not be affected by said conditions except: 1253

(1) That said non-conforming manufactured home upon 1254 removal from the property it was located on at the time 1255 of adoption of this Chapter may not be moved to another 1256 location within the Town of Montpelier. 1257

(2) Only one manufactured home unit shall be permitted on a 1258 recorded tract of land in the Town of Montpelier. Any 1259 owner of a single recorded tract of land on which there 1260 are two or more manufactured home units shall be 1261 deemed to be operating a mobile home park and shall 1262 comply with all of the requirements of the Town of 1263 Montpelier mobile homes and manufactured/mobile 1264 home parks requirements. 1265

(3) Individual manufactured home units set up on a parcel of 1266 land in the Town of Montpelier are required to be 1267 installed in accordance to applicable state statutes and 1268 regulations, Department of Commerce Chapter 27 1269

guidelines, and the Town of Montpelier zoning 1270 ordinance. 1271

(4) Mobile home dealers must be registered with the Town 1272 of Montpelier before transporting any manufactured 1273 homes into the Town and must notify the Town Zoning 1274 Administrator of any manufactured homes intended to 1275 be moved into the Town if no Zoning/Land Use Permit 1276 has been presented prior to the date of delivery. 1277

(5) Mobile home dealers or others who violate this Chapter 1278 by moving either conforming or non-conforming 1279 manufactured homes into the town without prior notice 1280 and authorization shall, on the first violation be fined one 1281 thousand ($1000.00) dollars and after two violations will 1282 no longer be allowed to transport mobile homes into the 1283 Town. 1284

Parking of recreational vehicles outside of a mobile home park: D.1285

1. Within the scope of this Chapter, a recreational vehicle means a 1286 vehicle having an overall length of thirty-five (35) feet or less and a 1287 body width of eight (8) feet or less primarily designed as temporary 1288 living quarters for recreational, camping or travel use, which has it’s 1289 own mode of power or is mounted or drawn by another vehicle. The 1290 basic terms for such vehicles are: travel trailer, camping trailer, truck 1291 camper and motor home. 1292

2. For the purpose of this Chapter, a recreational vehicle shall be 1293 considered to be a temporary structure. 1294

3. The wheels or any similar transporting devices of any recreational 1295 vehicle shall not be removed except for repairs, nor shall any such 1296 recreational vehicle be otherwise fixed to the ground in any manner 1297 that would prevent ready removal. 1298

4. Recreational vehicles may not be permanently attached to a private 1299 sewage system. 1300

5. Recreational vehicles must be licensed, yearly, for road travel. 1301

6. Penalty for violation of this Chapter shall be fifty ($50.00) dollars and 1302 each day of violation may be considered a separate offense. 1303

10.0405 Airport Regulations 1305 Except for field crops and fences under five feet high, the maximum height of any 1306 object located within 500 feet of either side of the centerline of a landing strip, 1307 and extended to a distance of two miles from the end of the runway shall be no 1308 higher than 1/100 of the distance of the object to the landing strip 1309

10.0406 Adult Entertainment Facilities 1310

No Adult Entertainment Facilities shall be located: A.1311

1. Within a Residential Zoning District 1312

2. Within 1,320 feet of an existing Adult Entertainment Facilities. 1313

3. Within 1,320 feet of any residential area. 1314

4. Within 1,320 feet of any pre-existing school, church, or day care 1315 center. 1316

5. Within 1,320 feet of any pre-existing establishment licensed to sell or 1317 dispense fermented malt beverages or intoxicating liquor. 1318

6. Within 1,320 feet of a public park 1319

7. Within 1,320 feet of a property or Historic District listed in the State 1320 Register of Historic Places or in the National Register of Historic 1321 Places. 1322

For purposes of this Section, distances are to be measured in a straight line, B.1323 without regard to intervening structures or objects, from the property line of 1324 the adult-oriented establishment, to the nearest property line of the above 1325 listed uses. 1326

No portable signs, window displays, or temporary signs shall be permitted C.1327 on the premises. 1328

10.0407 Agricultural Uses Requirements 1329

Any agricultural use involving animals shall provide sufficient shelter and A.1330 open space to meet or exceed any standards set by the United States 1331 Department of Agriculture and/or the Wisconsin Department of Natural 1332 Resources. 1333

Barnyards, feedlots, and farm structures housing animals shall be located at B.1334 least 100 feet from navigable water and shall be located so that manure will 1335 not drain into navigable water. 1336

Barnyards, feedlots, and farm structures housing animals, shall be located at C.1337 least 500 feet or a distance to be determined by the Plan Commission from 1338 any dwelling unit other than that of the animal keeper's dwelling unit. 1339

A feedlot with 1,000 or more animal units shall be considered a conditional D.1340 use and shall require a conditional use permit pursuant to Chapter 9 of the 1341 Code of Ordinances of the Town of Montpelier. 1342

10.0500 CONDITIONAL USES 1344

10.0501 Permits 1345 The Plan Commission may authorize the Zoning Administrator to issue a 1346 conditional use permit for conditional uses after review and a public hearing, 1347 provided that such conditional uses and structures are in accordance with the 1348 purpose and intent of this Chapter and are found to be not hazardous, harmful, 1349 offensive, or otherwise adverse to the environment or the value of the Town. 1350

10.0502 Application 1351 Applications for conditional use permits shall be made in duplicate to the Town 1352 Zoning Administrator on forms furnished by the Zoning Administrator and shall 1353 include the following where pertinent and necessary for proper review by the Plan 1354 Commission: 1355

Names and addresses of the applicant, owner of the site, architect, A.1356 professional engineer, contractor, and all opposite and abutting property 1357 owners of record. 1358

Description of the Subject Site by lot, block, and recorded subdivision or by B.1359 metes and bounds; address of the subject site; type of structure; proposed 1360 operation or use of the structure or site; number of employees; and the 1361 zoning district within which the subject site lies. 1362

Plat of Survey prepared by a registered land surveyor or a location sketch C.1363 drawn to scale showing all the information required under Section 10.0203 1364 for a Zoning/Land Use Permit and, in addition, the following: mean and 1365 ordinary high water marks on or within 40 feet of the subject premises, and 1366 existing and proposed landscaping. 1367

Additional Information as may be required by the Town Plan Commission D.1368 or the Town Zoning Administrator. 1369

10.0503 Review and Approval 1370 The Plan Commission shall review the site, existing and proposed structures, 1371 architectural plans, neighboring uses, parking areas, driveway locations, highway 1372 access, traffic generation and circulation, drainage, sewerage and water systems, 1373 and the proposed operation. In addition: 1374

Conditions such as landscaping, architectural design, type of construction, A.1375 construction commencement and completion dates, sureties, lighting, 1376 fencing, planting screens, operational control, hours of operation, improved 1377 traffic circulation, deed restrictions, highway access restrictions, increased 1378 yards, or parking requirements, may be required by the Plan Commission 1379 upon its finding that these are necessary to fulfill the purpose and intent of 1380 this Chapter. 1381

Compliance with all other provisions of this Chapter, such as lot width and B.1382 area, yards, height, parking, loading, traffic and highway access shall be 1383 required of all conditional uses. Variances shall only be granted as 1384

provided in Section 10.1306 of this Chapter. 1385

Public Hearing. The Town Plan Commission shall hold a public hearing on C.1386 each application giving public notice as specified in Section 10.1501 of this 1387 Chapter. The Plan Commission may subsequently issue the conditional use 1388 permit with appropriate conditions, deny the permit with reasons, or require 1389 the submittal of a modified application. 1390

Amendments to Conditional Use Permit. Changes subsequent to the initial D.1391 issuance of a conditional use permit which would result in a need to change 1392 the initial conditions shall require an amendment to the conditional use 1393 permit. Enlargement of a conditional use shall be considered as an 1394 amendment. The process for amending a conditional use permit shall 1395 generally follow the procedures for granting a conditional use permit as set 1396 forth in Section 10.0501. 1397

Revocation of a Conditional Use Permit. Should a permit applicant, his E.1398 heirs or assigns, fail to comply with the conditions of the permit issued by 1399 the Plan Commission, or should the use, or characteristics of the use be 1400 changed without prior approval by the Plan Commission the Conditional 1401 Use Permit may be revoked. The process for revoking a permit shall 1402 generally follow the procedures for granting a conditional use permit as set 1403 forth in Section 10.0501. 1404

10.0504 Public, Semipublic, and Institutional Uses 1405 The following public and semipublic uses shall be conditional uses and may be 1406 permitted as specified. 1407

Airports, Airstrips, and Landing Fields, including private landing fields, A.1408 provided the site is not less than 20 acres in area. 1409

Utilities in all districts provided all principal structures and uses are not less B.1410 than 50 feet from any residential district lot line. 1411

Public, Parochial, and Private elementary and secondary schools in any C.1412 district provided the lot area is not less than 2 acres and all principal 1413 structures and uses are not less than 50 feet from any lot line. 1414

Religious Institutions in any district provided the lot area is not less than 2 D.1415 acres and all principal structures and uses are not less than 50 feet away 1416 from any lot line. 1417

10.0505 Agricultural Uses 1418 The following agricultural and agricultural related uses shall be conditional uses 1419 and may be permitted as specified: 1420

Agricultural Warehousing. A.1421

Animal Hospitals and veterinary services provided that no structure or B.1422 animal enclosure shall be located closer than 100 feet to a property 1423 boundary. 1424

Boarding Stables provided that confined housing of horses shall be located C.1425

not closer than 100 feet to a residential district boundary or a navigable 1426 body of water. 1427

Commercial Boat and Commercial Recreational Storage provided that the D.1428 storage is in a completely enclosed structure. 1429

Commercial Butchering of livestock; the commercial production of eggs; E.1430 and the hatching, raising, fattening, or butchering of fowl. 1431

Commercial Kennels provided that no structure or animal enclosure shall be F.1432 located closer than 100 feet to a property boundary. 1433

Commercial Raising, propagation, or boarding of animals, such as deer, elk, G.1434 dogs, cats, mink, rabbits. 1435

Housing for Farm Laborers, and for seasonal and migratory farm workers. H.1436

Large animal feeding operations as defined by Chapter NR 243 of the I.1437 Wisconsin Administrative Code. 1438

10.0506 Residential Uses 1439 The following residential and quasi-residential uses shall be conditional uses and 1440 may be permitted as specified: 1441

Accessory Structures listed in 10.0803 (B) may be located in any A.1442 Agricultural or Residential District provided the accessory structure 1443 complies with the minimum street yard (setback) required for a principal 1444 structure. The Plan Commission may require a greater setback or may 1445 require the accessory use be screened. 1446

Bed and Breakfast Establishments in the A-2 and the R-1 Districts provided B.1447 that no more than 4 bedrooms are rented; that dwellings being considered 1448 for conversion to bed and breakfast establishments shall exhibit unique 1449 architectural or historic characteristics; that adequate off-street parking is 1450 provided; and that any permit required by Section HFS 197.04 of the 1451 Wisconsin Administrative Code has been secured. One exterior advertising 1452 sign, not exceeding 24 square feet in area, may be erected on the premises. 1453

Circular Driveways on residential lots fronting on land access streets. The C.1454 two ingress/egress points shall be separated by a minimum distance of 30 1455 feet, and the edge of the driveway at the point where it intersects with the 1456 street shall be located no closer than 15 feet from an adjoining property line. 1457 Teardrop-shaped driveways with one ingress/egress point do not require a 1458 conditional use permit. Circular driveways shall be prohibited on residential 1459 lots fronting on arterial streets and highways and collector streets. 1460

Community Living Arrangements and Community-Based Residential D.1462 Facilities (CBRF) which have a capacity for 9 or more persons in the R-1 1463 District. 1464

Community Living Arrangements and Community-Based Residential E.1465 Facilities (CBRF) which have a capacity for 16 or more persons in the R-M 1466 District. 1467

Home Industries in the A-2 District or any residential district. A home F.1468 industry is similar to a home occupation and shall generally be limited by 1469 the standards for home occupations set forth in Section 10.0803.B. The 1470 Plan Commission may, however, permit the conduct of a home industry in 1471 an accessory building. The Plan Commission may further permit the 1472 assembly and manufacturing of small-scale piecework or the use of non-1473 household appliances and tools when it is deemed not to be disruptive to the 1474 neighborhood. 1475

Housing for the Elderly and Community-Based Residential Facilities G.1476 (CBRF) in the R-M Multi-Family Residential District, the I-1 District, and 1477 the B-1 District provided that the density of such housing shall not exceed 6 1478 units per net acre; and provided that there shall be a minimum living area of 1479 500 square feet for a one-bedroom dwelling unit and a minimum living area 1480 of 750 square feet for a two-bedroom or larger dwelling unit. 1481

Manufactured/Mobile Home Parks in the R-M District provided that: H.1482

1. Minimum park size shall be 10 acres. 1483

2. Minimum park width shall be 330 feet. 1484

3. Maximum density of mobile home sites shall be 6 per acre. 1485

4. Minimum open space provided shall be 20 percent of the 1486 development area, exclusive of streets. 1487

5. Minimum lot area for each single-wide mobile home shall be 5,000 1488 square feet. The mobile home lot shall be a minimum of 50 feet in 1489 width. 1490

6. Minimum lot area for a double-wide mobile home shall be 6,000 1491 square feet. The mobile home lot shall be a minimum of 60 feet in 1492 width. 1493

7. Minimum setback for a mobile home park shall be 83 feet from the 1494 center line of a public street or roadway. 1495

8. Minimum distance between mobile home units and all other exterior 1496 park lot lines shall be 50 feet. 1497

9. Minimum distance between mobile home and service road shall be 20 1498 feet. 1499

10. Minimum distance between mobile homes shall be 20 feet. 1500

11. All drives, parking areas, and walkways shall be surfaced with dust-1501

free material. There shall be 2 parking spaces for each mobile home. 1502

12. Laundries, washrooms, recreation rooms, maintenance equipment 1503 storage, and an office may be permitted by the Town Board as 1504 accessory uses. 1505

13. Each mobile home park shall be completely enclosed, except for 1506 permitted entrances and exits, by either: 1507

A temporary planting of fast-growing material, capable of (a)1508 reaching a height of 10 feet or more. 1509

A permanent evergreen planting, the individual trees to be of (b)1510 such a number and so arranged that within 10 years they will 1511 have formed a dense screen. Such permanent planting shall be 1512 grown or maintained to a height of not less than 10 feet. 1513

14. All mobile homes shall meet the construction standards of the Mobile 1514 Homes Manufacturing Association. 1515

15. All mobile homes shall be skirted to conceal the chassis. 1516

16. All accessory structures must meet the requirements of Section 1517 10.0803 of this Chapter. 1518

17. No mobile home site shall be rented for a period of less than 30 days. 1519

Nursing Homes, Clinics and Commercial Children's Day Care Centers in I.1520 any business or residential district provided that all principal structures and 1521 uses are not less than 50 feet from any lot line. 1522

10.0507 Business Uses 1523 The following business uses shall be conditional uses and may be permitted as 1524 specified: 1525

Adult-Oriented Uses A.1526 The Town Board finds that Adult-Oriented Uses require special zoning 1527 restrictions in order to protect and preserve the health, safety, and welfare of 1528 the Town. In recognition of the protection afforded to the citizens under the 1529 1st and 14th Amendments, it is not the intent of this subsection to inhibit 1530 freedom of speech or the press, but rather to restrict the location of defined 1531 materials and activities consistent with the Town’s interest in the present 1532 and future character of its community development. Accordingly, adult-1533 oriented uses are permitted in the B-1 Business District, subject to the 1534 following: 1535

1. No adult-oriented establishment or use shall be located within 1,320 1536 feet of any public, parochial, or private school, religious institution, 1537 funeral parlor or crematorium, day care center, residence, public park, 1538 other adult-oriented establishment or use, or an establishment holding 1539 an alcoholic beverage license. The above-noted distance shall be 1540 measured in a straight line without regard to intervening structures or 1541 objects, from the closest point of the structure or portion of the 1542

structure occupied or proposed for occupancy by the adult-oriented 1543 establishment or use to the nearest point of the parcel of property or 1544 land use district boundary from which the proposed land use is to be 1545 separated. 1546

2. Advertisements, displays, pictures, or other promotional materials 1547 which are sexual in nature shall not be shown or exhibited on the 1548 premises in a manner which makes them visible from pedestrian ways 1549 or other public areas. All points of access into such establishments 1550 shall be located, constructed, covered, or screened in a manner that 1551 will prevent a view into the interior from any public area. 1552

3. All adult-oriented establishments and uses shall comply with all 1553 regulations and requirements of this Zoning Ordinance and must 1554 comply with all provisions of the zoning district in which the 1555 establishment is located. Said establishment and use shall also 1556 comply with all other applicable provisions of the Town of 1557 Montpelier Code of Ordinances. 1558

Funeral Homes and crematoriums in the B-1 District provided all principal B.1559 structures and uses are not less than 25 feet from any lot line. 1560

10.0508 Mobile Communications Towers 1561 1562

Purpose. The purpose of this Section is to regulate by zoning permit: A.1563

1. The siting and construction of any new mobile service support 1564 structure and facilities. 1565

2. With regard to a class 1 collocation, the substantial modification of an 1566 existing support structure and mobile service facilities. 1567

3. With regard to a class 2 collocation, collocation on an existing 1568 support structure which does not require the substantial modification 1569 of an existing support structure and mobile service facilities. 1570

Authority. The Town Board has the specific authority under Chapters 60.61 B.1571 and 66.0404, Wis. Stats., to adopt and enforce this Chapter. 1572

Definitions. All definitions contained in Chapter 66.0404(1), Wis. Stats., are C.1573 hereby incorporated by reference. 1574

Siting and Construction of Any New Mobile Service Support Structure and D.1575 Facilities. 1576

1. Application Process. 1577

A permit is required for the siting and construction of any new (a)1578 mobile service support structure and facilities. The siting and 1579 construction of any new mobile service support structure and 1580 facilities is a conditional use in the Town obtainable with this 1581 permit. 1582

A written permit application must be completed by any applicant (b)1583 and submitted to the Town. The application must contain the 1584 following information: 1585

(1) The name and business address of, and the contact 1586 individual for, the applicant. 1587

(2) The location of the proposed or affected support 1588 structure. 1589

(3) The location of the proposed mobile service facility. 1590

(4) If the application is to substantially modify an existing 1591 support structure, a construction plan which describes the 1592 proposed modifications to the support structure and the 1593 equipment and network components, including antennas, 1594 transmitters, receivers, base stations, power supplies, 1595 cabling, and related equipment associated with the 1596 proposed modifications. 1597

(5) If the application is to construct a new mobile service 1598 support structure, a construction plan which describes the 1599 proposed mobile service support structure and the 1600 equipment and network components, including antennas, 1601 transmitters, receivers, base stations, power supplies, 1602 cabling, and related equipment to be placed on or around 1603 the new mobile service support structure. 1604

(6) If an application is to construct a new mobile service 1605 support structure, an explanation as to why the applicant 1606 chose the proposed location and why the applicant did 1607 not choose collocation, including a sworn statement from 1608 an individual who has responsibility over the placement 1609 of the mobile service support structure attesting that 1610 collocation within the applicant’s search ring would not 1611 result in the same mobile service functionality, coverage, 1612 and capacity; is technically infeasible; or is economically 1613 burdensome to the mobile service provider. 1614

A permit application will be provided by the Town upon request (c)1615 to any applicant. 1616

If an applicant submits to the Town an application for a permit (d)1617 to engage in an activity described in this Chapter, which contains 1618 all of the information required under this Chapter, the Town 1619 shall consider the application complete. If the Town does not 1620 believe that the application is complete, the Town shall notify 1621 the applicant in writing, within 10 days of receiving the 1622 application, that the application is not complete. The written 1623 notification shall specify in detail the required information that 1624 was incomplete. An applicant may resubmit an application as 1625

often as necessary until it is complete. 1626

Within 90 days of its receipt of a complete application, the Town (e)1627 shall complete all of the following or the applicant may consider 1628 the application approved, except that the applicant and the Town 1629 may agree in writing to an extension of the 90 day period: 1630

(1) Review the application to determine whether it complies 1631 with all applicable aspects of the Town’s building code 1632 and, subject to the limitations in this section, zoning 1633 ordinance. 1634

(2) Make a final decision whether to approve or disapprove 1635 the application. 1636

(3) Notify the applicant, in writing, of its final decision. 1637

(4) If the decision is to disapprove the application, include 1638 with the written notification substantial evidence which 1639 supports the decision. 1640

The Town may disapprove an application if an applicant refuses (f)1641 to evaluate the feasibility of collocation within the applicant’s 1642 search ring and provide the sworn statement described under 1643 Section 10.0508.D.1.(b)(6) of this Chapter. 1644

If an applicant provides the Town with an engineering (g)1645 certification showing that a mobile service support structure, or 1646 an existing structure, is designed to collapse within a smaller 1647 area than the set back or fall zone area required in a zoning 1648 ordinance, the zoning ordinance does not apply to such a 1649 structure unless the Town provides the applicant with substantial 1650 evidence that the engineering certification is flawed. 1651

The fee for the permit is $3,000.00 payable upon submittal of a (h)1652 complete application. 1653

Class 1 Collocation. E.1654

A Conditional Use Permit is required for a Class 1 collocation. (a)1656

An application for a Conditional Use Permit must be completed (b)1657 by any applicant and submitted to the Town. The application 1658 must contain the following information: 1659

(4) If the application is to substantially modify an existing 1665

support structure, a construction plan which describes the 1666 proposed modifications to the support structure and the 1667 equipment and network components, including antennas, 1668 transmitters, receivers, base stations, power supplies, 1669 cabling, and related equipment associated with the 1670 proposed modifications. 1671

(5) If the application is to construct a new mobile service 1672 support structure, a construction plan which describes the 1673 proposed mobile service support structure and the 1674 equipment and network components, including antennas, 1675 transmitters, receivers, base stations, power supplies, 1676 cabling, and related equipment to be placed on or around 1677 the new mobile service support structure. 1678

(6) If an application is to construct a new mobile service 1679 support structure, an explanation as to why the applicant 1680 chose the proposed location and why the applicant did 1681 not choose collocation, including a sworn statement from 1682 an individual who has responsibility over the placement 1683 of the mobile service support structure attesting that 1684 collocation within the applicant’s search ring would not 1685 result in the same mobile service functionality, coverage, 1686 and capacity; is technically infeasible; or is economically 1687 burdensome to the mobile service provider. 1688

If an applicant submits to the Town an application for a permit (d)1691 to engage in an activity described in this Chapter, which contains 1692 all of the information required under this Chapter, the Town 1693 shall consider the application complete. If the Town does not 1694 believe that the application is complete, the Town shall notify 1695 the applicant in writing, within 10 days of receiving the 1696 application, that the application is not complete. The written 1697 notification shall specify in detail the required information that 1698 was incomplete. An applicant may resubmit an application as 1699 often as necessary until it is complete. 1700

Within 90 days of its receipt of a complete application, the Town (e)1701 shall complete all of the following or the applicant may consider 1702 the application approved, except that the applicant and the Town 1703 may agree in writing to an extension of the 90 day period: 1704

Review the application to determine whether it complies with all (f)1705 applicable aspects of the Town’s building code and, subject to 1706 the limitations in this section, zoning ordinance. 1707

Make a final decision whether to approve or disapprove the (g)1708

application. 1709

Notify the applicant, in writing, of its final decision. (h)1710

If the decision is to disapprove the application, include with the (i)1711 written notification substantial evidence which supports the 1712 decision. 1713

The Town may disapprove an application if an applicant refuses (j)1714 to evaluate the feasibility of collocation within the applicant’s 1715 search ring and provide the sworn statement described under 1716 Section 1.40D.1.b(6) of this Chapter. 1717

If an applicant provides the Town with an engineering (k)1718 certification showing that a mobile service support structure, or 1719 an existing structure, is designed to collapse within a smaller 1720 area than the set back or fall zone area required in the zoning 1721 ordinance, the zoning ordinance does not apply to such a 1722 structure unless the Town provides the applicant with substantial 1723 evidence that the engineering certification is flawed. 1724

The fee for the permit is $3,000.00 payable upon submittal of a (l)1725 complete application. 1726

Class 2 Collocation. F.1727

A zoning permit is required for a Class 2 collocation. A class 2 (a)1729 collocation is a permitted use in the Town but still requires the 1730 issuance of the zoning permit. 1731

An application must be completed by any applicant and (b)1732 submitted to the Town. The application must contain the 1733 following information: 1734

A Class 2 collocation is subject to the same requirements for the (d)1742 issuance of a building permit to which any other type of 1743 commercial development or land use development is subject as 1744 per the Town Code. 1745

If an applicant submits to the Town an application for a permit (e)1746 to engage in an activity described in this Chapter, which contains 1747 all of the information required under this Chapter, the Town 1748

shall consider the application complete. If any of the required 1749 information is not in the application, the Town shall notify the 1750 applicant in writing, within 5 days of receiving the application, 1751 that the application is not complete. The written notification 1752 shall specify in detail the required information that was 1753 incomplete. An applicant may resubmit an application as often 1754 as necessary until it is complete. 1755

Within 45 days of its receipt of a complete application, the Town (f)1756 shall complete all of the following or the applicant may consider 1757 the application approved, except that the applicant and the Town 1758 may agree in writing to an extension of the 45 day period: 1759

(1) Make a final decision whether to approve or disapprove 1760 the application. 1761

(2) Notify the applicant, in writing, of its final decision. 1762

(3) If the application is approved, issue the applicant the 1763 relevant permit. 1764

(4) If the decision is to disapprove the application, include 1765 with the written notification substantial evidence which 1766 supports the decision. 1767

(5) The fee for the permit is $500.00 payable upon submittal 1768 of a complete application. 1769

Penalty Provisions. G.1770

1. Any person, partnership, corporation, or other legal entity that fails to 1771 comply with the provisions of this Chapter shall, upon conviction, pay 1772 a forfeiture of not less than $250.00 nor more than $500.00, plus the 1773 applicable surcharges, assessments, and costs for each violation. Each 1774 day a violation exists or continues constitutes a separate offense under 1775 this Chapter. In addition, the Town Board may seek injunctive relief 1776 from a court of record to enjoin further violations. 1777

10.0509 Recreational Uses 1778 The following recreational facilities and uses shall be conditional uses and may be 1779 permitted in the A-1, A-2, and I-1 Districts; provided that the lot area is a 1780 minimum of 1.5 acres and that all structures are not less than 25 feet from a lot 1781 line: 1782

Athletic fields. A.1783

Archery ranges. B.1784

Skate board parks. C.1785

Campgrounds. D.1786

Conservatories. E.1787

Driving ranges and miniature golfing. F.1788

Firearm ranges. G.1789

Golf courses with country club facilities. H.1790

All terrain vehicle park. I.1791

Gymnasiums. J.1792

Paint ball parks K.1793

Model airplane flying areas. L.1794

Music halls. M.1795

Public swimming pools. N.1796

Riding academies. O.1797

Skating Rinks. P.1798

Zoological and Botanical Gardens. Q.1799

10.0510 Energy Conservation Uses 1800 The Following Energy Conservation Uses Are Conditional Uses And May Be 1801 Permitted As Specified: 1802

Wind Energy Conversion Systems, Commonly Referred To As A.1803 “Windmills,” Which Are Intended To Produce Electrical Power, May Be 1804 Permitted In Any District Provided That The Following Information, 1805 Requirements, And Standards Shall Apply: 1806

1. Application: Applications For The Erection Of A Wind Energy 1807 Conversion System Shall Be Accompanied By A Plat Of Survey For 1808 The Property To Be Served Showing The Location Of The 1809 Generating Facility And The Means By Which The Facility Will 1810 Provide Power To Structures, Or Connect To A Utility Company 1811 Grid. The Application Shall Further Indicate The Level Of Noise To 1812 Be Generated By The System, And Provide Assurances As To The 1813 Safety Features Of The System. Solar Easements Shall Accompany 1814 The Application. 1815

2. Construction: Wind Energy Conversion Systems Shall Be 1816 Constructed And Anchored In Such A Manner To Withstand Wind 1817 Pressure Of Not Less Than 40 Pounds Per Square Foot. 1818

3. Noise: The Maximum Level Of Noise Generated By A Wind Energy 1819 Conversion System Shall Not Exceed The Standards Set Forth In 1820 10.1105, As Measured At The Lot Line. 1821

4. Electro-Magnetic Interference: Wind Energy Conversion System 1822 Generators And Alternators Shall Be Filtered And/Or Shielded So As 1823 To Prevent The Emission Of Radio-Frequency Energy That Would 1824 Cause Any Harmful Interference With Radio And/Or Television 1825 Broadcasting Or Reception. In The Event That Harmful Interference 1826 Is Caused Subsequent To The Granting Of A Conditional Use Permit, 1827

The Operator Of The Wind Energy Conversion System Shall 1828 Promptly Take Steps To Eliminate The Harmful Interference In 1829 Accordance With Federal Communications Commission Regulations. 1830

5. Location: Wind Energy Conversion Systems Shall Comply With All 1831 Setback And Yard Requirements For The District In Which They Are 1832 Located And, In Addition, Shall Be Located Not Closer To A 1833 Property Boundary Than A Distance Equal To Their Height. Wind 1834 Energy Conversion Systems Located on a lot in an R-1 or R-M, 1835 Zoning District Shall Be Located in the Rear Yard. 1836

6. Height: Wind Energy Conversion Systems are exempt from the height 1837 requirements of this Chapter, However, all such systems over 75-feet 1838 in height shall submit plans to the federal aviation administration 1839 (FAA) to determine whether the system is considered an object 1840 affecting navigable air space and subject to FAA restrictions. A Copy 1841 Of The FAA Application, If Required, Or A Written Statement 1842 Signed By The Applicant That Such Approval Is Not Required Shall 1843 Be Submitted With The Conditional Use application. A Copy Of Any 1844 FAA Restrictions Imposed Shall Also Be Included As A Part Of The 1845 Conditional Use Permit Application. 1846

7. Fence Required: All Wind Energy Conversion Systems Shall Be 1847 Surrounded By A Security Fence Not Less Than 6 Feet In Height. A 1848 Sign Shall Be Posted On The Fence Warning Of High Voltage. 1849

8. Utility Company Notification: The Appropriate Electric Power 1850 Company Shall Be Notified, In Writing, Of Any Proposed Interface 1851 With That Company's Grid Prior To Installing Said Interface. Copies 1852 Of Comments By The Appropriate Utility Company Shall 1853 Accompany And Be Part Of The Application For A Conditional Use 1854 Permit. 1855

9. Compliance With Electrical Code: The Electrical Portion Of The 1856 Installation Shall Comply With All Provisions Of Chapter Comm 16 1857 Electrical Of The Wisconsin Administrative Code. 1858

10. Utility providers shall notify the Town when a specific facility is 1859 being discontinued. Systems not in use for 6 months for wind energy 1860 conversion purposes shall be removed by the facility owner. The 1861 Town shall require the posting of a bond or other financial guarantee 1862 adequate to ensure removal of the facility at no cost to the Town. 1863

Solar Energy Conversion Systems, Commonly Referred To As “Active” Or B.1864 “Passive” Solar Collection And Heating Systems And Including All 1865 Systems As Defined By Section 13.48(2)(H) Of The Wisconsin Statutes 1866 When Such Systems Are Erected As An Accessory Structure May Be 1867 Permitted In Any District. 1868

1. Application: Applications For The Erection Of A Solar Energy 1869 Conversion System Shall Be Accompanied By A Plat Of Survey For 1870

The property to be served showing the location of the conversion 1871 system and the means by which the energy will be provided to the 1872 structure or structures. 1873

2. Construction: Solar energy conversion systems shall be constructed 1874 and installed in conformance with all applicable state and local 1875 building and zoning codes. 1876

3. Location and Height: Solar energy conversion systems shall meet all 1877 setback and yard requirements for the district in which they are 1878 located. Solar energy conversion systems shall conform to all height 1879 requirements of this Chapter unless otherwise provided in the 1880 conditional use permit issued pursuant to this section. 1881

10.0511 Temporary Uses 1883 The following uses are conditional uses and may be permitted as specified. 1884

General Requirements. Temporary uses may be permitted in the A-2 A.1885 Agricultural/Rural Residential District, B-1 Business District, or M-1 1886 Manufacturing District, for a period not to exceed 10 days. Special 1887 requirements may be imposed by the Plan Commission for parking, sanitary 1888 facilities, lighting, and hours of operation. No temporary use listed herein 1889 shall be conducted within the road right-of-way. Temporary uses permitted 1890 under this section may erect one (1) temporary sign not to exceed 24 square 1891 feet in area on one (1) side and 48 square feet in area on all sides. All 1892 buildings, tents, equipment, supplies, and debris shall be removed from the 1893 site within five (5) days following the temporary activity. The following 1894 temporary uses may be permitted: 1895

Flea Markets may be permitted in any business or manufacturing district for B.1896 a period not to exceed 3 days. Special requirements may be imposed by the 1897 Town Board for parking, sanitary facilities, lighting, and hours of operation. 1898 No temporary use listed herein shall be conducted within the street right-of-1899 way. Temporary uses permitted under this Section may erect one temporary 1900 sign not to exceed 50 square feet in area on one side and 100 square feet in 1901 area on all sides. All buildings, tents, equipment, supplies, and debris shall 1902 be removed from the site within 10 days following the temporary activity. 1903

Circuses and Animal Shows may be permitted in any business or C.1904 manufacturing district for a period not to exceed 10 days. Special 1905 requirements may be imposed by the Town Board for parking, sanitary 1906 facilities, lighting, and hours of operation. The Board may limit or prohibit 1907 the display of dangerous animals such as tigers or snakes. No temporary use 1908 listed herein shall be conducted within the street right-of-way. Temporary 1909 uses permitted under this Section may erect one temporary sign not to 1910 exceed 50 square feet in area on one side and 100 square feet in area on all 1911 sides. All buildings, tents, equipment, supplies, and debris shall be 1912 removed from the site within 10 days following the temporary activity. 1913

10.0600 PARKING, LOADING, DRIVEWAYS, AND ACCESS 1915

10.0601 Traffic Vision Clearances 1916

Intersections of Two Town Streets A.1917 No obstructions, such as structures, parking, or vegetation, shall be 1918 permitted in any district between the heights of 2.5 feet and 10 feet above 1919 the plane through the mean centerline street grade within the triangular 1920 space formed by a line joining points on the right-of-way of two 1921 intersecting Town streets at a point located 100 feet from their intersection 1922 (see Appendix A, Illustrations No. 1 and No. 2). 1923

Vision Clearance Triangles at Intersections with a State or County Trunk B.1924 Highway 1925 Vision Clearance Triangles at Intersections with a State or County Trunk 1926 Highway shall meet the vision clearance requirements of the Wisconsin 1927 Department of Transportation or Kewaunee County, respectively, but in no 1928 case shall they be less than those specified in Subsection A above. 1929

Street and Railway Intersections C.1930 No obstructions, such as structures, parking, or vegetation, shall be 1931 permitted in any district between the heights of 2.5 feet and 10 feet above 1932 the plane through the mean centerline street grade within the triangular 1933 space formed by a line joining points on the right-of-way of a street and a 1934 railway at a point located 100 feet from their intersection (see Appendix A, 1935 Illustrations No. 1 and No. 2). 1936

10.0602 Loading Requirements 1937 On every lot on which a business, trade, or industrial use is hereafter established, 1938 adequate space with access to a public street or alley shall be provided for the 1939 loading and unloading of vehicles off the public right-of-way. At no time shall 1940 any part of a truck or van be allowed to extend into the right-of-way of a public 1941 thoroughfare while the truck or van is being loaded or unloaded. 1942

10.0603 Parking Requirements 1943 In all districts and in connection with every use, there shall be provided at the 1944 time any use is erected, enlarged, extended, or increased, off-street parking stalls 1945 for all vehicles in accordance with the following: 1946

Access A.1947 Adequate Access to a public street shall be provided for each parking space, 1948 and driveways shall be at least 12 feet wide for single and two-family 1949 dwellings, and a minimum of 24 feet at the property line for all other uses. 1950

Parking Space Dimensions B.1951 The Minimum Dimensions of each parking space shall be 9 feet by 18 feet. 1952

Parking Spaces For Use By Physically Disabled Persons C.1953 Accessible parking spaces shall be provided for all uses except residential 1954

uses as required by the Americans with Disabilities Act of 1990 and ADA 1955 Standards for Accessible Design, (28 CFR Part 36). 1956

1. All parking spaces provided for use by physically disabled persons 1957 shall be marked by a sign which includes the international symbol for 1958 barrier-free environments and a statement informing the public that 1959 the parking space is reserved for use by physically disabled persons. 1960 Such sign shall comply with the requirements of Sections 346.50, 1961 346.503, and 346.505 of the Wisconsin Statutes. 1962

Location of parking spaces D.1963 The location of parking spaces is to be on the same lot as the principal use 1964 or not more than 400 feet from the principal use. No parking space or 1965 driveway, except in residential districts, shall be closer than 25 feet to a 1966 residential lot line or a street right-of-way opposite a residential district. 1967

Surface Drainage E.1968 All off-street parking areas shall be so graded and drained as to dispose of 1969 all surface water. Any parking area for more than 5 vehicles shall have the 1970 aisles and spaces clearly marked. 1971

Landscaping F.1972 All public off-street parking areas which serve 30 or more vehicles and are 1973 created or redesigned and rebuilt subsequent to the adoption of this Chapter 1974 shall be provided with accessory landscaped areas totaling not less than 5 1975 percent of the surface area. The minimum size of each landscaped area shall 1976 be 100 square feet. Location of landscaped areas, plant materials, protection 1977 afforded the plantings, including curbing and provision for maintenance 1978 shall be subject to approval by the Town Board. All plans for proposed 1979 parking areas shall include a topographic survey and grading plan which 1980 shows existing and proposed grades and location of improvements. The 1981 preservation of existing trees, shrubs, and other natural vegetation in the 1982 parking area may be included in the calculation of required minimum 1983 landscaped area. Parking areas for 30 or more vehicles which adjoin 1984 residential districts shall be visually screened with a solid wall, fence, or 1985 evergreen planting of equivalent visual density, or other effective means, 1986 built and maintained to a minimum height of 6 feet. 1987

Curbs and Barriers G.1988 Curbs and barriers shall be installed at least 4 feet from a property line so as 1989 to prevent parked vehicles from extending over any lot line. 1990

Guide for Parking Spaces H.1991 The following guide specifies the minimum number of parking spaces 1992 required. In the case of structures or uses not specified herein, the number 1993 of spaces specified as the general standard for the use class or the number of 1994 spaces specified for similar use shall apply. In developments involving the 1995 establishment or addition of two (2) or more uses on one lot or parcel, the 1996 cumulative number of spaces required for each use shall determine the total 1997

number of spaces required. 1998

1. Residential Uses 1999

Single-family, two-family, and multiple-family dwellings: 2 (a)2000 spaces per dwelling unit. 2001

Housing for the elderly: one space per dwelling unit. (b)2002

2. Retail sales and customer service uses, and places of entertainment: 2003

General standard for the above uses: one space per 150 square (a)2004 feet of gross floor area of customer sales and service, plus one 2005 space per employee. 2006

Financial institutions: one space for each 150 square feet of (b)2007 gross floor area of customer service, plus one space per 2008 employee for the work shift with the largest number of 2009 employees. Financial institutions with drive-in facilities shall 2010 provide sufficient space for 4 waiting vehicles at each drive-in 2011 service lane. 2012

Grocery stores or supermarkets: one space per 150 square feet of (d)2015 gross floor area of customer sales and service area, plus one 2016 space per employee for the work shift with the largest number of 2017 employees. 2018

Convenience grocery stores: one space per 100 square feet of (e)2019 gross floor area. 2020

Motels and hotels: one space per room or suite, plus one space (f)2021 per every 2 employees for the work shift with the largest number 2022 of employees, plus one space per 3 persons, based on maximum 2023 capacity, for each public meeting room and/or banquet room. 2024

Lodges and clubs: one space per 3 persons based on the (g)2025 maximum capacity of the facility. 2026

Restaurants: one space per 100 square feet of gross dining area, (h)2027 plus one space per employee for the work shift with the largest 2028 number of employees. 2029

Restaurants, drive-through or fast-food: one space per 50 square (i)2030 feet of gross dining area, plus one space per 2 employees for the 2031 work shift with the largest number of employees. Restaurants 2032 with drive-through facilities shall provide sufficient space for 4 2033 waiting vehicles at each drive-through service lane. 2034

General merchandise repair services: One space per 300 square (j)2036 feet of gross floor area, plus one space per employee for the 2037 work shift with the largest number of employees. 2038

Theaters, auditoriums and other places of public assembly: one (k)2039 space per 3 patrons based on the maximum capacity of the 2040 facility. 2041

Personal services: One space per 200 square feet of gross floor (l)2042 area, plus one space per employee for the work shift with the 2043 largest number of employees. 2044

Taverns, dance halls, night clubs and lounges: One space per 50 (m)2045 square feet of gross floor area, plus one space per employee for 2046 the work shift with the largest number of employees. 2047

Motor vehicle sales establishments: 2 customer parking spaces (n)2048 per salesperson, plus one space per employee for the work shift 2049 with the largest number of employees. 2050

Motor vehicle repair, maintenance, and service stations: 3 spaces (o)2051 per indoor service bay plus one space per employee for the work 2052 shift with the largest number of employees. 2053

Animal hospitals: 3 patron parking spaces per doctor, plus one (p)2054 space per employee for the work shift with the largest number of 2055 employees. 2056

Plant nurseries, and lawn and garden supply stores: one space (q)2057 per 200 square feet of gross indoor sales and display area, plus 2058 one space per 500 square feet of gross outdoor sales and display 2059 area, plus one space per employee for the work shift with the 2060 largest number of employees. 2061

Shopping centers (gross leasable area of at least 50,000 square (r)2062 feet): 5 spaces per 1,000 square feet of gross leasable area. 2063

3. Offices 2064

Medical, dental and similar professional health service offices: 5 (a)2065 patron spaces per doctor, plus one space per employee for the 2066 work shift with the largest number of employees. 2067

Government, professional and business offices: one space per (b)2068 250 square feet of gross floor area. 2069

4. Commercial/Recreational uses 2070

General standard: one space per 4 patrons based on the (a)2071 maximum capacity of the facility, plus one space per employee 2072 for the work shift with the largest number or employees. 2073

Bowling alleys: 5 spaces for each lane, plus one space per (b)2074 employee for the work shift with the largest number of 2075

employees. 2076

Golf driving ranges: One space per tee, plus one space per (d)2080 employee for the work shift with the largest number of 2081 employees. 2082

Miniature golf course: 1.5 spaces per hole, plus one space per (e)2083 employee for the work shift with the largest number of 2084 employees. 2085

Indoor tennis, racquetball and handball courts: 3 spaces per (f)2086 court, plus one space per employee for the work shift with the 2087 largest number of employees. 2088

Skating rinks, ice or roller: One space per 200 square feet of (g)2089 gross floor area. 2090

5. Industrial and related uses 2091

Manufacturing, processing, and fabrication operations: One (a)2092 space per employee for the work shift with the largest number of 2093 employees. 2094

Wholesale business: One space per employee for the work shift (b)2095 with the largest number of employees, plus one space per 2,500 2096 square feet of gross floor area. 2097

Mini-warehousing: One space per 10 storage cubicles, plus one (d)2101 space per employee for the work shift with the largest number of 2102 employees. 2103

Extractive and related operations: One space per employee for (e)2104 the work shift with the largest number of employees. 2105

6. Institutional and related uses 2106

Churches and other places of worship: One space per 3 seats (a)2107 based on the maximum capacity of the facility. 2108

Libraries: One space per 250 square feet of gross floor area or (b)2109 one space per 4 seats based on maximum capacity, whichever is 2110 greater, plus one space per employee for the work shift with the 2111 greatest number of employees. 2112

Museums: One space per 250 square feet of gross floor area, (c)2113 plus one space per employee for the work shift with the greatest 2114 number of employees. 2115

Rooming and boarding houses, fraternity and sorority houses, (d)2116 dormitories and rectories: One space per bed. 2117

Convents and monasteries: One space per 3 residents, plus one (e)2118 space per employee for the work shift with the largest number of 2119 employees, plus one space per 5 chapel seats if the public may 2120 attend. 2121

Nursing homes: One space per 3 patient beds, plus one space per (f)2122 employee for the work shift with the largest number of 2123 employees. 2124

Hospitals: 2 spaces per 3 patient beds, plus one space per staff (g)2125 doctor, plus one space per employee, excluding doctors, for the 2126 work shift with the largest number of employees. 2127

Schools (h)2128

(1) Elementary schools, middle schools, and high schools: 2129 One space for each teacher and staff member, plus one 2130 space for each 10 students 16 years of age or older. 2131

(2) Colleges, universities and trade schools: One space for 2132 each teacher and staff member, plus one space for each 2 2133 students during the highest attendance period. 2134

(3) Children's nursery schools and day-care centers: One 2135 space per employee for the work shift with the greatest 2136 number of employees, plus one space per 6 students at 2137 the highest class attendance period. 2138

10.0604 Restrictions on Parking of Equipment 2139 Parking of farm, construction, or building equipment and parking of trucks, 2140 tractors, and semi-trailers and disassembled, dismantled, junked, wrecked, 2141 inoperable or unlicensed vehicles shall be restricted as follows: 2142

Parking in the Institutional District A.2143 No automobiles, truck tractor, semi-trailer, commercial or construction 2144 vehicle, machinery, equipment or truck with dual rear axles shall be stored 2145 on lots in the Institutional district. Agricultural vehicles and machinery 2146 stored on an operating farm in any of the aforementioned districts are 2147 exempt from this restriction. 2148

Parking in Agricultural, Business, and Manufacturing Districts B.2149 Vehicles and machinery used in conjunction with a business or industry 2150 may be stored, inside or outside, on the premises provided that when stored 2151 outside, they do not block a public right-of-way or obscure clear vision on 2152 roadways. 2153

Restrictions on the Parking of Wrecked, Inoperable, etc. Vehicles C.2154 No more than two (2) disassembled, dismantled, junked, wrecked, 2155 inoperable, or unlicensed vehicles shall be stored, viewed from the road or 2156

adjoining property, or allowed to remain in the open upon private property 2157 in the Town of Montpelier within 10 days after receiving written notice 2158 from the Zoning Administrator to remove or enclose such vehicle unless: 2159

1. The vehicle is being held as a part of an automotive sales or repair 2160 business enterprise located within a district zoned for that purpose; or 2161

2. The vehicle is in use on the premises as a lawful, unlicensed use; or 2162

3. Due to individual hardship, a variance has been granted by the Zoning 2163 Board of Appeals to store such vehicle. The Zoning Board of 2164 Appeals shall not grant such variances for a period of more than one 2165 year. 2166

4. The vehicles are stored to the rear of the lot and more than 50 feet 2167 from the nearest property line and cannot not be seen from any public 2168 road or adjoining property. 2169

10.0605 Driveways 2170 Refer to Chapter 5 of the Town of Montpelier Code of Ordinances. 2171

10.0606 Culverts 2172 Refer to Chapter 6 of the Town of Montpelier Code of Ordinances. 2173

10.0607 Street and Highway Access 2174

Direct Private Access A.2175 No direct private access shall be permitted to the existing or proposed right-2176 of-way of expressways, state trunk highways, or any controlled access 2177 arterial street without permission from the highway agency having access 2178 control jurisdiction. Access barriers, fencing, ditching, landscaping, or other 2179 topographic barriers shall be erected to prevent unauthorized vehicular 2180 ingress and egress to the above specified streets or highways. 2181

Driveways on Arterial Streets B.2182 Driveways on arterial streets shall be located a minimum of 100 feet from a 2183 street intersection unless the lot width is less than 100 feet, in which case 2184 the Zoning Administrator shall determine the driveway location. Said 2185 setback shall be measured from the intersection of the rights-of-way of the 2186 two streets. 2187

Driveways on collector or land access streets shall be located a minimum of C.2188 100 feet from a street intersection unless the lot width is less than 100 feet, 2189 in which case the Zoning Administrator shall determine the driveway 2190 location. Said setback shall be measured from the intersection from the 2191 rights-of-way of the two streets. 2192

Residential Driveways on Corner Lots shall be located on the least heavily D.2193 traveled street. 2194

Temporary Access to the above rights-of-way may be granted by the E.2195 Zoning Administrator after review and recommendation by the highway 2196

agency having jurisdiction. Such access permit shall be temporary and 2197 revocable. 2198

10.0700 SIGNS 2199

10.0701 Purpose and Intent 2200 The intent of this Section is to provide for and regulate the location and safe 2201 construction of signs in a manner to ensure that signs are compatible with 2202 surrounding land uses, are well maintained, and express the identity of individual 2203 proprietors and the Town as a whole. 2204

10.0702 Compliance 2205

No sign shall hereafter be located, erected, moved, reconstructed, extended, A.2206 enlarged, converted or structurally altered without conforming with the 2207 provisions of this Chapter. No signs, with the exception of official signs, 2208 shall be placed within the public right of way. No signs shall be located 2209 within the vision clearance triangle of any intersection. 2210

No illuminated sign shall be permitted within 100 feet of any residence B.2211 unless such sign is so designed that all light rays are directed downward 2212 onto the property and that it does not shine or reflect light onto such 2213 residence. The use of shielded luminaries, or luminaries with cutoff optics 2214 are recommended. 2215

Signs shall be judged on their merits and permitted only after a thorough C.2216 evaluation of the effects of such signs in relation to the surrounding 2217 environment. 2218

Signs shall not exceed 150 square feet in area nor be closer than 300 feet D.2219 from the point of intersection of the right-of-way lines of any intersecting 2220 roads. 2221

No sign shall exceed 20 feet in height above the main centerline of the road E.2222 grade. 2223

10.0800 MODIFICATIONS 2224

10.0801 Height 2225 The height limitations stipulated elsewhere in this Chapter may be modified as 2226 follows: 2227

Architectural Projections, such as spires, belfries, parapet walls, cupolas, A.2228 domes, flues and chimneys, are exempt from the height limitations of this 2229 Chapter. 2230

Special Structures, such as elevator penthouses, gas tanks, grain elevators, B.2231 observation towers, scenery lofts, manufacturing equipment and necessary 2232 mechanical appurtenances, cooling towers, fire towers, substations, and 2233 smoke stacks, are exempt from the height limitations of this Chapter. 2234

Essential Services, utilities, water towers, electric power and C.2235 communication transmission lines, and wind energy conversion systems are 2236 exempt from the height limitations of this Chapter. 2237

Communication Structures, such as radio and television transmission and D.2238 relay towers, aerials, radio and television receiving and transmitting 2239 antennas shall not exceed in height their distance from the nearest lot line. 2240 See Section 10.0508 for requirements and modifications for wireless 2241 communication facilities. 2242

Public or Semipublic Facilities, such as schools, churches (and other places E.2243 of worship), hospitals, monuments, sanatoriums, libraries, governmental 2244 offices and stations, may be erected to a height of 85 feet, provided all 2245 required yards are increased not less than one foot for each foot the 2246 structure exceeds the district's maximum height requirement. 2247

10.0802 Yards 2248 The yard requirements stipulated elsewhere in this Chapter may be modified as 2249 follows: 2250

Uncovered Stairs, landings, ramps, and fire escapes may project into any A.2251 yard but shall not exceed 6 feet in width nor be closer than 10 feet to any lot 2252 line. 2253

Architectural Projections, such as chimneys, flues, sills, bays, eaves, and B.2254 ornaments, may project into any required yard, but such projection shall not 2255 exceed 2 feet. 2256

Off-Street Parking is permitted in all yards of all districts provided that C.2257 commercial and industrial parking shall not be located closer than 25 feet to 2258 a residential district. All areas designated as parking areas must be surfaced 2259 with asphalt, concrete, brick, or crushed stone. 2260

Landscaping and vegetation are exempt from the yard requirements of this D.2261 Chapter, provided that such landscaping and vegetation shall not interfere 2262 with the vision clearance triangle as set forth in section 10.0601 of this 2263 Chapter. 2264

10.0803 Accessory Use Regulations 2265 Accessory uses are permitted as specified herein or under the zoning district 2266 regulations in Section 10.0300. A Zoning/Land Use Permit shall be required 2267 where specifically noted in this Section. The use and/or location requirements 2268 stipulated elsewhere in this Chapter may be modified for accessory uses as 2269 follows: 2270

Accessory Structures Permitted in the Side or Rear Yard. The following A.2271 accessory structures may be permitted in the side or rear yard only: 2272

1. Permanent accessory buildings such as garages and pole buildings, 2273 upon the issuance of a Zoning/Land Use Permit. Permanent 2274 accessory buildings shall be located not closer than 10 feet to a lot 2275 line; and shall not exceed 35 feet in height. 2276

2. Temporary accessory buildings such as gardening, tool, or storage 2277 sheds, or gazebos. Temporary accessory buildings shall be located 2278 not closer than 10 feet to a lot line; and shall not exceed 35 feet in 2279 height. 2280

3. Decks located adjacent to a principal structure, upon the issuance of a 2281 Zoning/Land Use Permit. Decks shall be located not closer to a lot 2282 line than the required side yard and rear yard requirements for the 2283 district in which they are located. 2284

Home Occupations and Professional Home Offices are permitted accessory B.2285 uses in the A-2 Agricultural District and in any residential district, not 2286 requiring a Zoning/Land Use Permit, provided that: 2287

1. The use of the residential dwelling for the home occupation or 2288 professional home office shall be clearly incidental and subordinate to 2289 its residential use and shall not occupy more than 25 percent of the 2290 floor area of one floor. 2291

2. No persons other than residents of the premises shall be employed or 2292 engaged in such home occupation or professional home office. Other 2293 persons may be employed by the business but no non-resident shall 2294 work on the premises. 2295

3. No traffic shall be generated by the home occupation or professional 2296 home office in greater volumes than would normally be expected in a 2297 residential neighborhood, and any need for parking generated by the 2298 conduct of the home occupation or use shall be provided off the street 2299 and other than in the required street yard. 2300

4. On-site retail sales shall be limited to goods made on the premises 2301 and/or goods approved by the Plan Commission that are associated 2302 with the normal operations of the home occupation (i.e. beauty 2303 supplies, shampoos, personal care products for a beauty shop). 2304

5. Home occupations, which comply with the conditions set forth above, 2305 may include, but are not limited to baby sitting, barber or beauty 2306 shops, canning, crafts, dance studios, desktop publishing and other 2307 computer services, dressmaking, insurance or real estate agencies, 2308 laundering, millinery, photographic studios, piano teaching, telephone 2309 marketing, and word processing. 2310

6. Home occupations shall not include auto body or engine repair or 2311 construction trades. 2312

10.0804 Accessory Use Restrictions 2313 Items prohibited as accessory structures. Such items as, but not limited to, boats, 2314 truck bodies, manufactured or mobile homes, buses, railroad cars, shipping 2315 containers, and trailers shall not be used as accessory structures. 2316

10.0805 Compliance With The Americans With Disabilities Act 2317 Modifications to requirements of this Chapter may be granted by the Plan 2318 Commission for the purpose of complying with the requirements of Title II Public 2319 Services and Title III Public Accommodations and Commercial Facilities of the 2320 Federal Americans with Disabilities Act. Such compliance may require the 2321 waiving or modifications to setback and yard requirements; parking requirements; 2322 sign requirements; and site design and landscaping requirements. Modifications 2323 granted by the Plan Commission shall be limited to the minimum extent necessary 2324 to make structures and uses accessible and barrier free. 2325

10.0806 Additions 2326 Additions in the front yard of existing structures shall not project beyond the 2327 average of the existing setbacks on the abutting lots or parcels. 2328

10.0807 Corner Lots 2329 Corner lots shall provide a street yard on each street that the lot abuts. The 2330 remaining yards shall be a rear yard behind the main entrance to the structure and 2331 one side yard. (See Appendix A, Illustration No. 6) 2332

10.0900 NONCONFORMING USES AND STRUCTURES 2334

10.0901 Existing Nonconforming Uses 2335 The lawful nonconforming use of a structure, land, or water existing at the time of 2336 the adoption or amendment of this Chapter may be continued although the use 2337 does not conform with the provisions of this Chapter; however: 2338

Only That Portion of the land or water in actual use may be so continued A.2339 and the structure may not be extended, enlarged, reconstructed, substituted, 2340 moved, or structurally altered except when required to do so by law or order 2341 or so as to comply with the provisions of this Chapter. 2342

Substitution of New Equipment may be permitted by the Zoning Board of B.2343 Appeals if such equipment will reduce the incompatibility of the 2344 nonconforming use with the neighboring uses. 2345

10.0902 Abolishment or Replacement 2346 If such nonconforming use is discontinued or terminated for a period of 12 2347 months, any future use of the structure, land, or water shall conform to the 2348 provisions of this Chapter. When a nonconforming use or structure is damaged by 2349 fire, explosion, flood, the public enemy, or other calamity, the use or structure 2350 may be repaired to the extent it existed prior to its destruction. 2351

10.0903 Existing Nonconforming Structures 2352 The conforming use of a nonconforming structure existing at the time of the 2353 adoption or amendment of this Chapter may be continued although the structure's 2354 size or location does not conform with the established building setback line along 2355 streets, or the yard, height, parking, loading, and/or access provisions of this 2356 Chapter. Additions and enlargements to nonconforming structures are permitted 2357 provided that the addition does not encroach further upon yard and height 2358 requirements than the existing encroachment. Expanded or extended 2359 nonconforming structures shall conform with the established parking, loading, 2360 and access provisions of this Chapter. 2361

10.0904 Changes and Substitutions 2362 Once a nonconforming use has been changed to conform, it shall not revert back 2363 to a nonconforming use or structure. Once the Zoning Board of Appeals has 2364 permitted the substitution of a more restrictive nonconforming use for an existing 2365 nonconforming use, the original use shall lose its status as a legal nonconforming 2366 use and become subject to all the conditions required by the Zoning Board of 2367 Appeals. 2368

10.1000 SITE PLAN REVIEW AND ARCHITECTURAL CONTROL 2370

10.1001 Purpose and Intent 2371 For the purpose of promoting compatible development, stability of property 2372 values, and to prevent impairment or depreciation of property values, no person 2373 shall commence any use or erect any structure for commercial, industrial, or 2374 institutional purposes, with the exception of agricultural, single-family and two-2375 family dwellings, without first obtaining the approval of the Plan Commission of 2376 detailed site and architectural plans as set forth in this Section. 2377

The Plan Commission shall review the site plans, plans for existing and proposed 2378 structures, architectural plans, neighboring uses, parking areas, driveway 2379 locations, loading and unloading areas and facilities, highway access, traffic 2380 generation and circulation, drainage, sewage and water systems, and utilization of 2381 landscaping and open space and the proposed operation for development in all 2382 districts except the A-2 Agricultural district, and the R-1 and R-M Residential 2383 districts. The Plan Commission shall grant or deny the associated Zoning/Land 2384 Use Permit, Conditional Use Permit, or other referred permit applications. 2385

10.1002 Principles 2386 To implement and define criteria for the purposes set forth in Section 10.1001, the 2387 following principles are established to apply to all new structures and uses and to 2388 changes or additions to existing structures and uses. 2389

No Building or Use regulated by this Section shall be permitted that would A.2390 have a negative impact on the maintenance of safe and healthful conditions 2391 in the Town. 2392

Buildings and Uses regulated by this Section shall maintain existing B.2393 topography, drainage patterns, and vegetative cover insofar as is practical. 2394 The Plan Commission may require that drainage easements be executed. 2395

Buildings and Uses regulated by this Section shall provide for adequate C.2396 construction site erosion control measures. The Plan Commission shall 2397 require erosion control plans in accordance with Section 10.0208 and may 2398 establish time schedules for landscaping and revegetation of construction 2399 sites. Erosion control plans shall be in conformance with the requirements 2400 of Section COMM 21.125 of the Wisconsin Administrative Code. 2401

Buildings and Uses regulated by this Section shall provide for safe traffic D.2402 circulation and safe driveway locations. 2403

Buildings and Uses regulated by this Section shall provide adequate parking E.2404 and loading areas. 2405

Buildings and Uses regulated by this Section shall be provided with F.2406 adequate public services as approved by the appropriate utility. 2407

Use of Exterior Lighting shall be designed in such a manner that all light G.2408 rays are directed downward onto the property. No rays shall be directed 2409 towards adjacent properties. 2410

10.1003 Administration 2411 Plan data shall be submitted to the Zoning Administrator who shall transmit all 2412 applications and their accompanying plans to the Plan Commission for their 2413 review. Plan data to be submitted with all plan review applications shall include 2414 the following: 2415

Site plan drawn to a recognized engineering scale. A.2416

Name of project. B.2417

Owner's and/or developer's name and address. C.2418

Architect and/or engineer's name and address. D.2419

Date of plan submittal. E.2420

Scale of drawing and north arrow. F.2421

Existing and Proposed Topography shown at a contour interval not more G.2422 than 2 feet. Topography shall extend 40 feet onto adjacent property, or to 2423 the building on the adjacent lot, whichever is greater. 2424

The Characteristics of Soils related to contemplated specific uses. H.2425

Total Number of parking spaces. I.2426

The Type, Size, and location of all structures with all dimensions shown. J.2427

Height of all structures. K.2428

Existing and proposed street names. L.2429

Existing and proposed public rights-of-way and widths. M.2430

Location of existing and proposed sanitary sewers, storm sewers, and water N.2431 mains, if appropriate. 2432

Location of proposed storm water management facilities, including O.2433 detention and retention areas. 2434

Location of existing trees. P.2435

Location, Extent, and type of proposed landscaping. Q.2436

Location of existing and proposed sidewalks and walkways. R.2437

A Graphic Outline of any proposed development staging. S.2438

Architectural Plans, elevations, and perspective drawings and sketches T.2439 illustrating the design and character of proposed structures. 2440

10.1004 Review and Findings 2442 The Plan Commission shall review the referred plans within a reasonable period 2443 of time following their submittal and render a decision no later than 60 days 2444 following their receipt. The Plan Commission shall not approve any plans unless 2445 they find after viewing the application that the structures or use, as planned, will 2446 not violate the intent and purpose of this Chapter and that said plans will not 2447 impair an adequate supply of light and air to adjacent property, or substantially 2448 increase the danger of fire, or traffic congestion, or otherwise endanger the public 2449 health or safety. 2450

10.1005 Sureties 2451 The Plan Commission may impose time schedules for the completion of 2452 buildings, parking areas, open space utilization, and landscaping. The Plan 2453 Commission may require appropriate sureties to guarantee that improvements will 2454 be completed on schedule. The Plan Commission may further require a fee equal 2455 to the cost of any legal, engineering, administrative, or fiscal work undertaken by 2456 the Town in their review of a development project. 2457

10.1006 Appeals 2458 Any person or persons aggrieved by any decisions of the Plan Commission related 2459 to plan review may appeal the decision to the Zoning Board of Appeals. Such 2460 appeal shall be filed with the Town Clerk within 30 days after the date of the 2461 decision by the Board. 2462

10.1100 PERFORMANCE STANDARDS 2464

10.1101 Compliance 2465 This Chapter permits specific uses in specific districts; and these performance 2466 standards are designed to limit, restrict, and prohibit the effects of those uses 2467 outside their lot lines or district. All structures, land, air, and waters shall 2468 hereafter, in addition to their use and site regulations, shall comply with the 2469 following performance standards. 2470

10.1102 Fire and Explosive Hazards 2471 All activities involving the manufacturing, utilization, processing, or storage of 2472 flammable or explosive materials shall be provided with adequate safety devices 2473 against the hazard of fire and explosion and with adequate fire-fighting and fire-2474 suppression equipment and devices that are standard in the industry. All materials 2475 that range from active to intense burning shall be manufactured, utilized, 2476 processed, or stored only within completely enclosed buildings which have 2477 incombustible exterior walls and an automatic fire extinguishing systems. The 2478 above-ground storage capacity of materials that produce flammable or explosive 2479 vapors shall not exceed 50,000 gallons. 2480

10.1103 Glare and Heat 2481 No activity shall emit glare or heat that is visible or measurable outside its lot 2482 lines except activities which may emit sky-reflected glare, which shall not be 2483 visible outside their district. All operations producing intense glare or heat shall 2484 be conducted within a completely enclosed building. Exposed sources of light 2485 shall be shielded so as not to be visible outside their lot lines. 2486

10.1104 Water Quality Protection 2487 No activity shall locate, store, discharge, or permit the discharge of any treated, 2488 untreated, or inadequately treated liquid, gaseous, or solid materials of such 2489 nature, quantity, obnoxiousness, toxicity, or temperature that might run off, seep, 2490 percolate, or wash into surface or subsurface waters so as to contaminate, pollute, 2491 or harm such waters or cause nuisances such as objectionable shore deposits, 2492 floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be 2493 harmful to human, animal, plant, or aquatic life. 2494

In addition, no activity shall withdraw water or discharge any liquid or solid 2495 materials so as to exceed, or contribute toward the exceeding of, the minimum 2496 standards set forth in Chapter NR 102 of the Wisconsin Administrative Code. 2497

10.1105 Noise and Vibration 2498 No operation or activity shall transmit any noise or vibration that is above the 2499 vibration perception threshold of an individual at or beyond the Industrial or 2500 Commercial District boundaries. Vibration perception threshold means the 2501 minimum ground or structure-borne vibrational motion necessary to cause a 2502 normal person to be aware of the vibration by such direct means as, but not 2503 limited to, sensation by touch or visual observation of moving objects. Vibrations 2504 not directly under the control of the property user and vibrations from temporary 2505

construction or maintenance activities shall be exempt from the above standard. 2506

All noise shall be so muffled or otherwise controlled as not to become 2507 objectionable due to intermittence, duration, beat frequency, impulse character, 2508 periodic character, or shrillness. 2509

10.1106 Odors 2510 No non-agricultural activity shall emit any odorous matter of such nature or 2511 quantity as to be offensive, obnoxious, or unhealthful outside their premises. The 2512 guide for determining odor measurement and control shall be Chapter NR 429 of 2513 the Wisconsin Administrative Code and amendments thereto. 2514

10.1107 Particulate Emissions 2515 No operation of activity shall emit any particulate matter into the ambient air 2516 which exceeds the limitations as defined in Chapter NR 429, Wisconsin 2517 Administrative Code. 2518

10.1108 Visible Emissions 2519 No person or activity shall emit any fly ash, dust, fumes, vapors, mists, or gases in 2520 such quantities so as to substantially contribute to exceeding state or federal air 2521 pollution standards. No operation or activity shall emit into the ambient air from 2522 any direct or portable source any matter that will affect visibility in excess of the 2523 limitations established in Chapter NR 431, Wisconsin Administrative Code. 2524

10.1109 Radioactivity and Electrical Disturbances 2525 No activity shall emit radioactivity or electrical disturbances outside its premises 2526 that are dangerous or adversely affect the use of neighboring premises. 2527

10.1110 Vibration 2528 No activity shall emit vibrations which are discernible without instruments 2529 outside its premises or the district. 2530

10.1111 Lighting 2532 No exterior lighting used for parking lots, recreational facilities, product display, 2533 or security shall be permitted to spill over on operators of motor vehicles, 2534 pedestrians, and uses of land in abutting lots or public rights-of-way. These 2535 requirements shall not apply to lighting placed in a public right-of-way for public 2536 safety. Accent lighting and low voltage lighting (12 volts or less) are exempt 2537 from these requirements. 2538

Orientation. No exterior lighting fixture shall be oriented so that the A.2539 lighting element (or a transparent shield) is visible from a property in a 2540 residential district. Light rays shall not be directed into street rights-of-way 2541 or upward into the atmosphere. The use of shielded luminaries, or 2542 luminaries with cutoff optics, and careful fixture placement is encouraged to 2543 facilitate compliance with this requirement. 2544

Minimum Lighting Standards. All areas designated on approved site plans B.2545 for vehicular parking, loading, or circulation and used for any such purpose 2546 after sunset shall provide artificial illumination in such areas at a minimum 2547 intensity of 0.4 foot-candles, exclusive of approved anti-vandal lighting. 2548

Intensity of Illumination. The intensity of illumination, measured at the C.2549 property line, shall not exceed 0.5 foot-candles. 2550

Flashing, Flickering, and other Distracting Lighting which may distract D.2551 motorists is prohibited. 2552

Nonconforming Lighting. All lighting fixtures approved prior to the E.2553 adoption of this Chapter not meeting the above criteria shall be treated and 2554 regulated as legal nonconforming uses under Section 10.0900. 2555

10.1112 Administration 2556 Determinations necessary for the administration and enforcement of these 2557 standards range from those which can be made by a reasonable person using 2558 normal senses and no mechanical equipment, to those requiring substantial 2559 technical competence and complex equipment. It is the intent of this Chapter that 2560 the methods to be used in determining compliance shall be the responsibility of 2561 the Zoning Administrator subject to the following procedure: 2562

Approval of Zoning/Land Use Permits A.2563 Prior to approving a Zoning/Land Use Permit for any industrial use or any 2564 change thereof, the Zoning Administrator shall have received from the 2565 applicant evidence or assurance that the proposed use or changing use will 2566 satisfy all the standards of this Chapter. 2567

Violation of Standards B.2569 Whenever the Zoning Administrator has reason to believe the air quality, 2570 vibration and exterior lighting standards of this Chapter have been violated, 2571 written notice shall be made by certified mail to the person or persons 2572 responsible for the alleged violation. Such notice shall describe the alleged 2573 violation and shall require an answer or correction of the alleged violation 2574 within thirty (30) days. Failure to reply or correct the alleged violation 2575 within thirty (30) days may cause lawful action to be taken to cause 2576 correction as provided in this Chapter or referral of the alleged violation to 2577 the appropriate authorities. 2578

10.1200 ADMINISTRATION 2579

10.1201 Town Board 2580

Powers and Duties A.2581 The Town Board, in general, performs the following functions in relation to 2582 matters addressed by this Chapter: 2583

1. Adopt and periodically review a schedule of all fees, payable by 2584 applicants, for the review and processing of all permits and 2585 applications. 2586

2. Approves, approves with changes, or disapproves, after due 2587 consideration of any recommendations made by the Planning 2588 Commission, any application for an amendment to this Chapter, 2589 including applications for amendment to the officially adopted zoning 2590 map. 2591

3. Approves, approves with conditions, or disapproves, after due 2592 consideration of the recommendations made by the Planning 2593 Commission, any application for a subdivision plat. 2594

4. Takes such other action not delegated to other bodies that may be 2595 desirable and necessary to implement the provisions of this Chapter. 2596

10.1202 Plan Commission 2597

The Plan Commission under this Chapter is the Plan Commission that has A.2598 been duly created by the Town of Montpelier. It is the responsibility of the 2599 Plan Commission to implement and enforce this Chapter as set forth 2600 hereafter. The Plan Commission shall consist of seven (7) members, 2601 appointed by the Town Board Chairperson and subject to approval by the 2602 Town Board, selected for their knowledge of and interest in matters 2603 pertaining to this Chapter. 2604

The Plan Commission consists of at least five (5) citizen members, who are B.2605 not otherwise Town officials, and who shall be persons of recognized 2606 experience and qualifications. 2607

Members shall serve three (3) year terms, except that of those first C.2608 appointed - the citizen members shall be appointed for staggered terms as 2609 follows: one (1) person for a term that expires in one (1) year; two (2) 2610 persons for a term that expires in two (2) years; and two (2) persons for a 2611 term that expires in three (3) years. Annually, the Town Board Chairperson 2612 shall appoint a Commission Chairperson. The members of the Planning 2613 Commission shall thereafter elect other officers as may, in their judgment, 2614 be necessary. 2615

10.1203 Organization 2616

The Plan Commission shall have power to adopt rules and regulations for A.2617 its own governance consistent with the provisions of this or any other 2618

Chapter of the Town. 2619

Meetings of the Plan Commission shall be held at the call of the B.2620 Commission Chairperson, or at such other times as the Town Board may 2621 determine necessary. 2622

All meetings of the Plan Commission shall be public. The Plan Commission C.2623 shall keep minutes of its proceedings showing its action and the vote of 2624 each member upon questions requiring a vote or, if absent or failing to vote, 2625 indicating such fact, and shall keep records of its examinations and other 2626 official actions. 2627

The presence of five (5) members of the Plan Commission shall constitute a D.2628 quorum. A majority vote of the entire Plan Commission shall be required to 2629 any matter upon which it is required to pass under this Chapter. The 2630 grounds of every such determination shall be based on evidence presented 2631 in the record. 2632

The Plan Commission may call on the Permit Issuer or other administrative E.2633 officials for assistance in the performance of its duties, and it shall be the 2634 duty of such officials to provide such assistance as is reasonably requested. 2635

10.1204 Powers and Duties 2636 The Plan Commission shall have the following powers and duties: 2637

To initiate, hear, review and offer its recommendations to the Town Board A.2638 on conditional use applications and applications for amendments to this 2639 Chapter, including applications for amendments to the officially adopted 2640 zoning map. 2641

To hear, review and offer its recommendations to the Town Board on B.2642 applications for subdivision plats. 2643

To review and decide on applications for site plan review. C.2644

From time to time recommend to the Town Board such amendments to the D.2645 Town of Montpelier comprehensive plan (Kewaunee County Communities 2646 2025 Comprehensive Plan – Montpelier) as it deems appropriate. 2647

To aid and assist the Town Board in implementing the Towns adopted land E.2648 use policies and in planning, developing and completing specific projects. 2649

10.1205 Public Information 2651 To the fullest extent possible, the Plan Commission and its staff shall make 2652 available to the public all reports and documents concerning the Town 2653 Comprehensive Plan and any component thereof. In addition: 2654

All Available Information in the form of reports, bulletins, maps, and A.2655 engineering data shall be readily available and widely distributed. 2656

The Plan Commission may set fees necessary to recover the costs of B.2657 providing information to the public. 2658

10.1206 Zoning Administrator Designated 2659 The Town Zoning Administrator is hereby designated as the administrative and 2660 enforcement officer for the provisions of this Chapter. The duty of the Zoning 2661 Administrator shall be to interpret and administer this Zoning Code and to issue, 2662 after on-site inspection if needed, all permits required by this Zoning Code. The 2663 Zoning Administrator shall further: 2664

Maintain Records of all permits issued, inspections made, work approved, A.2665 and other official actions. 2666

Inspect all structures, lands, and waters as often as necessary to assure B.2667 compliance with this Zoning Code. 2668

Investigate all complaints made relating to the location of structures and the C.2669 use of structures, lands, and waters, give notice of all violations of this 2670 Zoning Code to the owner, resident, agent, or occupant of the premises, and 2671 report uncorrected violations to the Town Board, Plan Commission and 2672 Town Attorney in a manner specified by him or her. 2673

Assist the Town Board, Plan Commission and Town Attorney in the D.2674 prosecution of Code violations. 2675

Issue citations for enforcement of and or violation of this Chapter. E.2676

Be Permitted Access to premises and structures during reasonable hours to F.2677 make those inspections as deemed necessary by him or her to ensure 2678 compliance with this Zoning Code. If, however, he/she is refused entry after 2679 presentation of his/her identification, he may procure a special inspection 2680 warrant in accordance with Section 66.0119 of the Wisconsin Statutes. 2681

Prohibit the use or erection of any structure, land or water until he/she has G.2682 inspected and approved such use or erection. 2683

Attend all meetings of the Town Plan Commission and the Town Zoning H.2684 Board of Appeals. 2685

10.1207 Zoning/Land Use Permit Required 2686 See Section 10.0203. 2687

10.1208 Conditional Use Permit 2689 See Section 10.0501. 2690

10.1209 Temporary Uses 2691 See Section 10.0511. 2692

10.1210 Site Plan and Architectural Review 2693 See Section 10.1000. 2694

10.1211 Permit Fees 2695 See Section 10.0213. 2696

10.1212 Double Fee 2697 See Section 10.0214. 2698

10.1213 Violations 2699 See Section 10.0215. 2700

10.1214 Remedial Action 2701 See Section 10.0216. 2702

10.1215 Penalties 2703 See Section 10.0217. 2704

10.1300 ZONING BOARD OF APPEALS 2706

10.1301 Establishment 2707 There is hereby established a Zoning Board of Appeals for the Town of 2708 Montpelier for the purpose of hearing appeals and applications, and granting 2709 variances and exceptions to the provisions of this Zoning Ordinance. 2710

10.1302 Board Membership 2711

The board of appeals shall consist of five (5) members appointed by the A.2712 Town Chairperson subject to confirmation of the Town Board. 2713

1. Members of the Board of Appeals shall be appointed for terms of 2714 three years, except that of those first appointed one (1) shall serve for 2715 one year, two (2) for 2 years and two (2) for 3 years. 2716

2. The members of the board shall serve at such compensation to be 2717 fixed by ordinance, and shall be removable by the Chairperson for 2718 cause upon written charges and after public hearing. 2719

The members serve at the pleasure of the Town Board and shall be B.2720 removable by the Town Chairperson for cause upon written charges and 2721 after a public hearing. 2722

The Chairperson shall designate one of the members as chairperson. The C.2723 board may employ a secretary. 2724

Vacancies shall be filled for the unexpired terms of members whose terms D.2725 become vacant. 2726

The Chairperson shall appoint, for staggered terms of 3 years, two (2) E.2727 alternate members of such board, in addition to the five (5) members above 2728 provided for. 2729

1. Annually, the Chairperson shall designate one of the alternate 2730 members as 1st alternate and the other as 2nd alternate. The 1st 2731 alternate shall act, with full power, only when a member of the board 2732 refuses to vote because of interest or when a member is absent. 2733

2. The 2nd alternate shall so act only when the 1st alternate so refuses or 2734 is absent or when more than one member of the board so refuses or is 2735 absent. The above provisions, with regard to removal and the filling 2736 of vacancies, shall apply to such alternates. 2737

The Zoning Administrator shall attend meetings for the purpose of F.2738 providing technical assistance when requested by the Board. 2739

Official Oaths shall be taken by all members in accordance with Section G.2740 19.01 of the Wisconsin Statutes within 10 days of receiving notice of their 2741 appointment. 2742

10.1303 Organization 2743

All meetings of the Zoning Board of Appeals shall be held at the call of the A.2744

Chairperson of the Board, and at such times as the Zoning Board of Appeals 2745 may determine. 2746

All hearings conducted shall be open to the public. Any person may appear B.2747 and testify at a hearing either in person or by a duly authorized agency or 2748 attorney. 2749

Notice of the time and place of such public hearing shall be published as C.2750 provided by the State Law on Planning and Zoning and applicable to the 2751 Town of Montpelier. 2752

The Chairperson of the Board, or in his absence the Acting Chairperson, D.2753 may administer oaths and compel the attendance of witnesses. 2754

The Zoning Board of Appeals shall keep minutes of its proceedings, E.2755 showing the vote of each member upon each question, or if absent or failing 2756 to vote, indicating such fact, and shall also keep records of its hearings and 2757 other official actions. 2758

All official proceedings regarding the action of the Zoning Board of F.2759 Appeals shall be a matter of public record and placed on file with the 2760 Zoning Board of Appeals. 2761

10.1304 Powers 2762 The Zoning Board of Appeals shall have the following powers: 2763

Errors. To hear and decide appeals where it is alleged there is error in any A.2764 order, requirement, decision, or determination made by the Zoning 2765 Administrator. 2766

Variances. To hear and grant appeals for variances that will not be contrary B.2767 to the public interest, where, owing to special conditions, a literal 2768 enforcement will result in unnecessary hardship, so that the spirit and 2769 purposes of this Chapter shall be observed and the public safety, welfare, 2770 and justice secured. 2771

Interpretations. To hear and decide application for interpretations of the C.2772 zoning regulations and the boundaries of the zoning districts after the Town 2773 Board has made a review and recommendation. 2774

Substitutions. To hear and grant applications for substitution of more D.2775 restrictive nonconforming uses for existing nonconforming uses provided 2776 no structural alterations are to be made and the Town Board has made a 2777 review and recommendation. Whenever the Board permits such a 2778 substitution, the use may not thereafter be changed without application. 2779

Permits. The Board may reverse, affirm wholly or partly, modify the E.2780 requirements appealed from, and may issue or direct the issuance of a 2781 permit. 2782

Assistance. The Board may request assistance from other Town officers, F.2783 departments, commissions, and boards. 2784

Oaths. The Chairperson may administer oaths and compel the attendance of G.2785

witnesses. 2786

10.1305 Appeals 2787

Application A.2788 An appeal may be taken to the Zoning Board of Appeals by any person, 2789 firm or corporation, or by any office, department, board, or bureau 2790 aggrieved by a decision of the Zoning Administrator. 2791 Such an appeal shall be made within 30 days after the decision or the action 2792 complained of, by filing with the Zoning Administrator a notice of appeal 2793 specifying the grounds thereof. The Zoning Administrator shall forthwith 2794 transmit to the Zoning Board of Appeals all of the paper(s) constituting a 2795 record upon which the action appealed from was taken. Such appeals shall 2796 include the following information: 2797

1. Name and address of the appellant or applicant and all abutting and 2798 opposite property owners of record, and owners within two hundred 2799 (200) feet. 2800

2. All adjoining property owners shall be notified (by first class mail) of 2801 the appeal. 2802

3. A plat of survey at a minimum scale of one (1) inch to 100 feet 2803 prepared by a registered land surveyor showing all of the information 2804 required by this Chapter for a building permit. 2805

4. Additional information required by the Zoning Board of Appeals. 2806

5. Fee receipt from the Zoning Administrator per Section 10.1206 of this 2807 Chapter or cost of legal notice publication, whichever is greater. 2808

Findings on Appeals B.2809 An appeal shall terminate all further proceedings on action unless the 2810 Zoning Administrator certifies to the Zoning Board of Appeals, that by 2811 reason of facts stated in the certificate a stay would, in its opinion, cause 2812 imminent peril to life and property, in which case proceedings shall not be 2813 stayed unless otherwise by a restraining order which may be granted by the 2814 Zoning Board of Appeals or by a court of record or notice from the Zoning 2815 Administrator on due cause. 2816

Hearings on Appeals C.2817 The Zoning Board of Appeals shall select a reasonable time and place for 2818 the hearing of the appeal, give public notice thereof at least ten (10) days 2819 prior to the hearing by publication of a Class 2 notice under Chapter 985 of 2820 the Wisconsin Statutes, and shall give due notice to the parties in interest, 2821 the Zoning Administrator and the Town Board. At the hearing, the appellant 2822 or applicant shall appear in person, by agent, or by attorney. 2823

Decisions on Appeals D.2824

1. The Zoning Board of Appeals shall decide all appeals within thirty 2825 (30) days after the final hearing and shall transmit a signed copy of 2826

the Board’s decision to the appellant, Zoning Administrator and Town 2827 Board. 2828

2. The Zoning Board of Appeals may affirm or may reverse wholly or in 2829 part, or modify the order, requirement, decision or determination, that, 2830 in its opinion, ought to be done and to that end, shall have all powers 2831 of the officer to whom the appeal is taken. The Board of Appeals shall 2832 maintain records of all actions relative to appeals. 2833

Review by Court of Record of Appeals E.2834 Any person or persons, or any board, taxpayer, department, or bureau of the 2835 Town of Montpelier aggrieved by any decision of the Board of Appeals 2836 may seek review by a court of record of such decision, as authorized under 2837 the provisions of the Wisconsin State Statutes, Chapter 62.23 (7)(e). 2838

10.1306 Variances 2839

Application A.2840 An application for a variance shall be filed with the Zoning Administrator 2841 and shall include the following information: 2842

1. Name and address of the applicant and all abutting and opposite 2843 property owners of record, and owners within two hundred (200) feet. 2844

2. The Zoning Administrator (at his or her discretion) may require that a 2845 plat of survey drawn at a minimum scale of one (1) inch to one 2846 hundred (100) feet and prepared by a registered land surveyor - 2847 showing all of the information required by this Chapter for a building 2848 permit, be submitted. 2849

3. Additional information required by the Zoning Board of Appeals. 2850

4. Fee receipt from the Zoning Administrator per Section 10.1206 of this 2851 Chapter or the cost of legal notice publication, whichever is greater. 2852

Hearings B.2853 The Zoning Board of Appeals shall select a reasonable time and place for 2854 hearing of the Variance, give notice thereof at least ten (10) days prior to 2855 the hearing by publication of a Class 2 notice under Chapter 985 of the 2856 Wisconsin Statutes, and shall give due notice to the parties in interest, the 2857 Zoning Administrator and the Town Board. 2858

Standards for a Variance. No variance to the provisions of this Chapter shall C.2859 be granted by the Board unless it finds that all the following facts and 2860 conditions exist and so indicates in the minutes of its proceedings. 2861

1. Preservation of Intent. No variance shall be granted that is not 2862 consistent with the purpose and intent of the regulations for the 2863 district in which the development is located. No variance shall have 2864 the effect of permitting a use in any district that is not a stated 2865 principal use, accessory use, or conditional use in that particular 2866 district. 2867

2. Exceptional Circumstances. There must be exceptional, extraordinary, 2868 or unusual circumstances or conditions applying to the lot or parcel, 2869 structure, use, or intended use that do not apply generally to other 2870 properties of uses in the same district and the granting of the variance 2871 would not be of so general or recurrent nature as to suggest that the 2872 Zoning Ordinance should be changed. 2873

3. Economic Hardship and Self-Imposed Hardship Not Grounds for 2874 Variance. No variance shall be granted solely on the basis of 2875 economic gain or loss. Self-imposed hardships shall not be 2876 considered as grounds for the granting of a variance. 2877

4. Preservation of Property Rights. The variance must be necessary for 2878 the preservation and enjoyment of substantial property rights 2879 possessed by other properties in the same district and same vicinity. 2880

5. Absence of Detriment. No variance shall be granted that will create 2881 substantial detriment to adjacent property and will materially impair 2882 or be contrary to the purpose and spirit of this Chapter or the public 2883 interest. 2884

6. Impairment of Air and Light. The proposed variance shall not impair 2885 an adequate supply of light and air to adjacent property. 2886

7. Increase in Traffic Congestion. The proposed variance shall not 2887 substantially increase the congestion of the public streets. 2888

8. Public Endangerment. The proposed variance shall not increase the 2889 danger of fire, or endanger public health and safety, or substantially 2890 diminish or impair property values within the neighborhood. 2891

Decisions on Variances D.2892 The Zoning Board of Appeals shall decide on application for variances 2893 within thirty (30) days after the final hearing and shall transmit a signed 2894 copy of the Board’s decision to the appellant, Zoning Administrator and 2895 Town Board. 2896

Review by Court of Record of Variance E.2897 Any person or persons, or any board, taxpayer, department, or bureau of the 2898 Town of Montpelier aggrieved by any decision of the Board of Appeals 2899 may seek review by a court of record of such decision, as authorized under 2900 the provisions of the Wisconsin State Statutes, Chapter 62.23 (7)(e). 2901

10.1307 Conditions 2902 Conditions may be placed upon any building permit ordered or authorized by this 2903 Board. 2904

10.1308 Variances or Substitutions 2905 Variances or substitutions granted by the Board shall expire within twelve (12) 2906 months unless substantial work has commenced pursuant to such grant. 2907

10.1400 CHANGES AND AMENDMENTS 2909

10.1401 Authority 2910 Whenever the public necessity, convenience, general welfare, or good zoning 2911 practice require, the Town Board may, by ordinance, change the district 2912 boundaries or amend, change, or supplement the regulations established by this 2913 Chapter or amendments thereto. Such change or amendment shall be subject to 2914 the review and recommendation of the Town Plan Commission. 2915

10.1402 Initiation 2916 A change or amendment may be initiated by the Town Board, Town Plan 2917 Commission, or by a petition of one or more of the owners or lessees of property 2918 within the area proposed to be changed. 2919

10.1403 Petitions 2920 Petitions for any change to the district boundaries or amendments to the 2921 regulations shall be filed with the Town Clerk, describe the premises to be 2922 rezoned, or the regulations to be amended, list the reasons justifying the petition, 2923 specify the proposed use and have attached the following: 2924

Plot Plan drawn to a scale of one inch equals 100 feet showing the area A.2925 proposed to be rezoned, its location, its dimensions, the location and 2926 classification of adjacent zoning districts, and the location and existing use 2927 of all properties within 200 feet of the area proposed to be rezoned. 2928

Owner's Names and Addresses of all properties adjacent to and bordering B.2929 the area proposed to be rezoned. 2930

Additional Information required by the Town Plan Commission or Town C.2931 Board. 2932

10.1404 Recommendations 2933 The Town Plan Commission shall review all proposed changes and amendments 2934 within the limits of the Town and shall recommend that the petition be granted as 2935 requested, modified, or denied. The recommendation shall be made at a meeting 2936 subsequent to the meeting at which the petition is first submitted and shall be 2937 made in writing to the Town Board. 2938

10.1405 Hearings 2939 The Town Board shall hold a public hearing upon each recommendation, and 2940 shall give notice as specified in Section 10.1500 of this Chapter. 2941

10.1406 Town Board Action 2942 Following such hearing and after careful consideration of the Town Plan 2943 Commission's recommendations, the Town Board shall vote on the passage of the 2944 proposed change or amendment. 2945

10.1407 Protest 2946 In the event of a protest against such district change or amendment to the 2947 regulations of this Chapter, duly signed and acknowledged by the owners of 20 2948

percent or more either of the land area included in such proposed change, or by 2949 the owners of 20 percent or more of the area of the land immediately adjacent and 2950 extending 100 feet therefrom, or by the owners of 20 percent or more of the land 2951 directly opposite thereto extending 100 feet from the street frontage of such 2952 opposite land, such changes or amendments shall not become effective except by 2953 a unanimous vote of the Town Board. 2954

10.1500 NOTICES OF PUBLIC HEARING 2955

10.1501 Notices of Public Hearing 2956

A Public Hearing which the Town Board, Town Plan Commission, or A.2957 Zoning Board of Appeals is required to hold under the terms of this Chapter 2958 amending this Chapter, and including applications for amendment(s) to the 2959 officially adopted zoning map shall be preceded by a Class II Notice of 2960 Public Hearing pursuant to Chapter 985.07 (2) Wisc. Stats. Said Public 2961 Notice shall specify the date, time, and place of said hearing and shall state 2962 the matter to be considered at said hearing. The Class II Public Notice shall 2963 be published in a newspaper of general circulation at least once each week 2964 for 2 consecutive weeks and the hearing shall not be held until at least 7 2965 days following the last publication. 2966

Notice of the Public Hearing requiring a Class II Notice shall be mailed to B.2967 all parties-in-interest at least 7 days before the hearing. Parties-in-interest 2968 shall be defined as the applicant, the clerk of any municipality whose 2969 boundaries are within 1,000 feet of any lands included in the petition, and 2970 the owners of all lands included in the petition and all lands adjacent to or 2971 bordering the lands included in the petition. Failure to give any notice to 2972 any property owner shall not invalidate the action taken by the Town Board, 2973 Town Plan Commission, or Zoning Board of Appeals. 2974

A Public Hearing which the Town Board, Town Plan Commission, or C.2975 Zoning Board of Appeals is required to hold under the terms of this Chapter 2976 including, but not limited to, conditional use permits; variances; and special 2977 exceptions shall be preceded by a Class I Notice of Public Hearing pursuant 2978 to Chapter 985.07 (1) Wisc. Stats.and shall specify the date, time, and place 2979 of said hearing and shall state the matter to be considered at said hearing. 2980

Notice of the Public Hearing requiring a Class I Notice shall be mailed to D.2981 all parties-in-interest at least 7 days before the hearing. Parties-in-interest 2982 shall be defined as the applicant, the clerk of any municipality whose 2983 boundaries are within 1,000 feet of any lands included in the petition, and 2984 the owners of all lands included in the petition and all lands adjacent to or 2985 bordering the lands included in the petition. Failure to give any notice to 2986 any property owner shall not invalidate the action taken by the Town Board, 2987 Town Plan Commission, or Zoning Board of Appeals. 2988

10.1600 DEFINITIONS UPDATE DEFINITIONS!!! 2989

10.1601 General Definitions 2990 For the purpose of this Chapter, certain words or phrases shall have meanings that 2991 either vary somewhat from their customary dictionary meanings or are intended to 2992 be interpreted to have a specific meaning. Words used in the present tense in this 2993 Chapter include the future. The word “person” includes a firm, association, 2994 partnership, trust, company, or corporation as well as an individual. The word 2995 “shall” is mandatory, the word “should” is advisory, and the word “may” is 2996 permissive. Any words not defined in this Section shall be presumed to have their 2997 customary dictionary definitions. 2998

10.1602 Specific Words and Phrases 2999 ACCESSORY USE (A-1 EXCLUSIVE AGRICULTURE DISTRICT): Any 3000 of the following land uses on a farm: 3001

A building, structure, or improvement that is an integral part of, or is A.3002 incidental to, an agricultural use. 3003

An activity or business operation that is an integral part of, or incidental to, B.3004 an agricultural use. 3005

A farm residence. C.3006

A business, activity, or enterprise, whether or not associated with an D.3007 agricultural use, that is conducted by the owner or operator of a farm, that 3008 requires no buildings, structures, or improvements other than those 3009 described in par. (a) or (c), that employs no more than 4 full-time 3010 employees annually, and that does not impair or limit the current or future 3011 agricultural use of the farm or of other protected farmland. 3012

Any other use that the department, by rule, identifies as an accessory use. E.3014 3015

ACCESSORY USE OR STRUCTURE (GENERAL): A use or detached 3016 structure subordinate to the principal use of a structure, land, or water and located 3017 on the same lot or parcel serving a purpose customarily incidental to the principal 3018 use or the principal structure. 3019

ACRE: A measure of land area containing 43,560 square feet. 3020

ADJACENT LOT OR LAND: Parcels of land that share all or part of a common 3021 lot line with another lot or parcel of land, including parcels that are abutting solely 3022 at corner points. Also referred to as “contiguous parcels”. 3023

ADULT BOOKSTORE: An establishment having as a substantial or significant 3024 portion of its stock in trade for sale, rent, lease, inspection, or viewing, books, 3025 films, video cassettes, magazines, or other periodicals which are distinguished or 3026 characterized by their emphasis on matters depicting, describing or related to 3027 “specified anatomical areas” as defined below, or an establishment with a 3028 segment or section devoted to the sale, rent, and display of such material. 3029

ADULT CABARET: A cabaret which features topless dancers, strippers, male 3030 or female impersonators, or similar entertainers. 3031

ADULT ENTERTAINMENT: Any exhibition of any motion pictures, live 3032 performance, display or dance of any type, which has as its dominant theme, or is 3033 distinguished or characterized by an emphasis on, any actual or simulated 3034 “specified sexual activities” or “specified anatomical areas.” 3035

ADULT MINI-MOTION PICTURE THEATER: An enclosed building with a 3036 capacity of less than 50 persons used for presenting material having as its 3037 dominant theme, or distinguished or characterized by an emphasis on, matters 3038 depicting, describing or relating to “specified sexual activities” or “specified 3039 anatomical areas,” as defined below, for observation by patrons therein. 3040

ADULT MOTION PICTURE THEATER: An enclosed building with a 3041 capacity of 50 or more persons used for presenting materials distinguished or 3042 characterized by an emphasis on matters depicting, describing, or relating to 3043 “specified sexual activities” or “specified anatomical areas,” as defined below, for 3044 observation by patrons therein. 3045

ADULT-ORIENTED ESTABLISHMENT: Includes, but is not limited to, 3046 “adult bookstores,” “adult motion picture theaters,” “adult mini-motion picture 3047 establishments,” or “adult cabarets.” It further means any premises to which 3048 public patrons or members are invited or admitted and which are so physically 3049 arranged so as to provide booths, cubicles, rooms, compartments, or stalls 3050 separate from the common areas of the premises for the purposes of viewing 3051 adult-oriented motion pictures, or wherein an entertainer provides adult 3052 entertainment to a member of the public, a patron or a member, whether or not 3053 such adult entertainment is held, conducted, operated or maintained for a profit, 3054 direct or indirect. 3055

AGRICULTURAL USE: Any of the following activities conducted for the 3056 purpose of producing an income or livelihood: 3057

A. Crop or forage production. 3058

1. Keeping livestock. 3059

2. Beekeeping. 3060

3. Nursery, sod, or Christmas tree production. 3061

4. Floriculture. 3062

5. Aquaculture. 3063

6. Fur farming. 3064

7. Forest management. 3065

8. Enrolling land in a federal agricultural commodity payment program 3066 or a federal or state agricultural land conservation payment program. 3067

B. Any other use that DATCP, by rule, identifies as an agricultural use. 3068 AGRICULTURE-RELATED USE: Any of the following: 3069

An agricultural equipment dealership, facility providing agricultural A.3070 supplies, facility for storing or processing agricultural products, or facility 3071 for processing agricultural wastes. 3072

Any other use that the department, by rule, identifies as an agriculture-B.3073 related use. 3074

AIRCRAFT: A contrivance designed for navigation of or flight in the air. 3075

AIRPORT: A place where aircraft can land and take off, usually equipped with 3076 hangars and facilities for refueling and repair. 3077

ALLEY: A special public right-of-way affording only secondary access to 3078 abutting properties. 3079

AUTOMOBILE WRECKING YARD: An establishment that cuts up, 3080 compresses, or otherwise disposes of motor vehicles. 3081

BABY SITTING: The act of providing care and supervision for fewer than 4 3082 children. This definition does not apply when the baby sitter is related to the 3083 child, or when more than 4 children in one household are related. 3084

BARNYARD: A fenced area adjoining a barn used primarily for the keeping of 3085 animals. 3086

BASE FARM TRACT. Means one of the following: 3087

All land, whether one parcel or 2 or more contiguous parcels, that is in a A.3088 farmland preservation zoning district and that is part of a single farm on 3089 (INSERT DATE OF TOWN BOARD ADOPTION HERE) regardless of 3090 any subsequent changes in the size of the farm. 3091

Any other tract that the Wisconsin Department of Agriculture, Trade, and B.3092 Consumer Protection by rule defines as a base farm tract. 3093

BASEMENT: That portion of any structure that is located below lot grade or a 3094 room(s) with a ceiling that is less than 4 feet above lot grade. Basement floor 3095 areas shall not be used to compute minimum floor areas as required by this 3096 Chapter. 3097

BED AND BREAKFAST ESTABLISHMENT: Any place of lodging that 3098 provides 4 or fewer rooms for rent, is the owner's personal residence, and is 3099 occupied by the owner at the time of rental. 3100

BILLBOARD: A sign that directs attention to a business, commodity, service, or 3101 entertainment conducted, sold, or offered at a location other than the premises on 3102 which the sign is located. 3103

BOARDINGHOUSE: A building other than a hotel or restaurant where meals or 3104 lodging are regularly furnished by pre-arrangement for compensation for 4 or 3105 more persons not members of a family, and not open to transient customers. 3106

BUILDING: Any structure having a roof supported by columns or walls and 3107 intended for the shelter, housing or enclosure of any individual, animal, process, 3108 equipment, goods, or materials of any kind. 3109

BUILDING COVERAGE: The ratio of the horizontal area measured from the 3110 exterior surface of the exterior walls of the ground floor of all principal and 3111 accessory buildings on a lot to the total lot area. Also referred to as Lot Coverage. 3112

BUILDING HEIGHT: The vertical distance measured from the mean elevation 3113 of the finished lot grade along the street yard face of the structure to the highest 3114 point of the roof. 3115

CALIPER: Diameter in inches of a tree measured at a point 4.5 feet above the 3117 highest grade abutting the tree. 3118

CAMPGROUND: Any public or private grounds or premises used or 3119 established for a period of two weeks or more for the overnight camping of 3120 persons using equipment designed for the purpose of temporary camping. 3121

CERTIFIED FARMLAND PRESERVATION PLAN: a farmland preservation 3122 plan that is certified as determined under Chapter 91.12, Wis. Stats. 3123

CERTIFIED FARMLAND PRESERVATION ZONING ORDINANCE: A 3124 zoning ordinance that is certified as determined under Chapter 91.32, Wis. Stats. 3125

CHIEF ELECTED OFFICIAL: The mayor of a city or, if the city is organized 3126 under Subchapter I of Chapter 64, Wis. Stats., the president of the council of that 3127 city, the village president of a village, the town board chairperson of a town, or 3128 the county executive of a county, or, if the county does not have a county 3129 executive, the chairperson of the county board of supervisors. 3130

CLUB: A group of people organized for a common purpose to pursue common 3131 goals, interests, or activities and usually characterized by certain membership 3132 qualifications, payment of fees and dues, regular meetings, and a constitution and 3133 bylaws. 3134

COMMERCIAL USE: A business use or activity at a scale greater than a home 3135 industry involving retail or wholesale marketing of goods and services. Examples 3136 of commercial uses include offices and retail shops. 3137

COMMUNITY-BASED RESIDENTIAL FACILITY (CBRF): A place where 3138 5 or more unrelated adults reside in which care, treatment, or services above the 3139 level of room and board, but not including nursing care, are provided in the 3140 facility. A community-based residential facility is subject to State-level licensing 3141 and operational limitations as set forth in Chapter 50 of the Wisconsin Statutes. 3142

COMMUNITY LIVING ARRANGEMENT: The following facilities licensed 3143 and operated, or permitted under the authority of the Wisconsin Statutes: child 3144 welfare agencies under Section 48.60, group foster homes for children under 3145 Section 48.02(7), and community-based residential facilities under Section 50.01; 3146 but does not include day care centers, nursing homes, general hospitals, special 3147 hospitals, prisons, or jails. The establishment of community living arrangements 3148 is governed by Sections 46.03(22), 48.625, 59.69(15), 60.63, and 62.23(7)(i) of 3149 the Wisconsin Statutes. 3150

COMPREHENSIVE PLAN: A document as described in Chapter 66.1001, Wis. Stats. 3151

CONDITIONAL USES: A use allowed under a conditional use permit, special 3152 exception, or other special zoning permission issued by a political subdivision. 3153

CONTIGUOUS PARCELS: Parcels of land that share all or part of a common 3154 lot line with another lot or parcel of land, including parcels that are abutting solely 3155 at corner points. Also referred to as “adjacent lot or land.” 3156

CORNER LOT: A lot abutting 2 or more streets at their intersection provided 3157 that the corner of such intersection shall have an angle of 135 degrees or less, 3158 measured on the lot side. 3159

CUSTOM MANUFACTURING: Manufacturing establishments primarily 3160 engaged in the onsite production of goods by hand, within enclosed structures, 3161 involving the use of hand tools, the use of domestic mechanical equipment not 3162 exceeding 2 horsepower, or a single kiln not exceeding 8 kilowatts. Incidental 3163 sale to consumers of products produced on site may be permitted. Typical uses 3164 include ceramic studios, custom jewelry manufacturing, and candle making. 3165

DATCP. Wisconsin Department of Agriculture, Trade, and Consumer Protection. 3166

DAY CARE CENTER: An establishment providing care and supervision for 4 3167 or more persons under the age of 7 and licensed by the State of Wisconsin 3168 pursuant to Section 48.65 of the Wisconsin Statutes. 3169

DECK: A platform or series of platforms, accessory to a dwelling unit, 3170 constructed above yard grade. Decks may be free-standing or attached to a 3171 dwelling and are intended for use as an outdoor living area. 3172

DENSITY: The number of dwelling units permitted per acre within the gross 3173 tract area. 3174

DEVELOPMENT: Any man-made change to improved or unimproved real 3175 estate, including but not limited to construction of or addition or substantial 3176 improvements to buildings, other structures, or accessory uses, mining, dredging, 3177 filling, grading, paving, excavation or drilling operations, or disposition of 3178 materials. 3179

DISTRICT, BASIC: A part or parts of the Town for which the regulations of 3180 this Chapter governing the use and location of land and buildings are uniform. 3181

DISTRICT, OVERLAY: Overlay districts provide for the possibility of 3182 superimposing certain additional requirements upon a basic zoning district 3183 without disturbing the requirements of the basic district. In the instance of 3184 conflicting requirements, the stricter of the conflicting requirements shall apply. 3185

DRIVE-IN RESTAURANT: An establishment used for the sale, dispensing or 3186 serving of food, refreshments, or beverages in or on disposable plates and cups, 3187 where all or a significant portion of the consumption takes place or is designed to 3188 take place outside the confines of the restaurant, and where ordering and pickup 3189 of food may take place from an automobile. 3190

DWELLING: A building designed or used exclusively as a residence or sleeping 3191

1 Mile

Face-40 Face-40 Face-40 Face-40

SE 1/4 of SW 1/4 (40 acres)

W 1/2 of SW 1/4 (80 acres)

(320 acres)

NW 1/4

(160 acres)

place, but does not include boarding houses, motels, hotels, tents, cabins, or 3192 mobile homes. 3193

DWELLING UNIT: A group of rooms constituting all or part of a dwelling, 3194 which are arranged, designed, used, or intended for use exclusively as living 3195 quarters for one family. 3196

DWELLING, SINGLE-FAMILY: A detached building containing one 3197 dwelling unit, designed for or occupied exclusively by one family. 3198

DWELLING, TWO-FAMILY: A building containing 2 dwelling units, 3199 including units that are located one over the other. 3200

DWELLING, MULTI-FAMILY: A building containing 3 or more dwelling 3201 units, including units that are located one over the other. 3202

ELECTION CAMPAIGN PERIOD: In the case of an election for office, the 3203 period beginning on the first day for circulation of nomination papers by 3204 candidates, or the first day on which candidates would circulate nomination 3205 papers if papers were required, and ending on the day of the election. In the case 3206 of a referendum, the period beginning on the day which the question to be voted 3207 upon is submitted to the electorate and ending on the day on which the 3208 referendum is held. 3209

ENCROACHMENT: Any obstruction or illegal or unauthorized intrusion into a 3210 right-of-way, required setback, or onto adjacent land. 3211

EROSION: The detachment and movement of soil, sediment, or rock fragments 3212 by water, wind, ice, or gravity. 3213

ESSENTIAL SERVICES: Services provided by public and private utilities, 3214 necessary for the exercise of the principal use or service of the principal structure. 3215 These services include underground, surface, or overhead gas, electrical, steam, 3216 water, sanitary sewerage, stormwater drainage, and communication systems and 3217 accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, 3218 laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire 3219 alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, 3220 but not including buildings, wind energy conversion system facilities, wind farms, 3221 transmission towers, commercial radio and commercial television towers, and 3222 wireless communication towers. 3223

FACE-40: Every 1,320 linear feet (1/4 mile) of a Town Section abutting a public 3224 road. 3225

FAMILY: The body of persons related by blood, marriage or adoption, or not 3227 more than 4 unrelated persons who live together in one dwelling unit as a single 3228 housekeeping entity. 3229

FAMILY DAY CARE HOME: A dwelling licensed as a day care center by the 3230 State of Wisconsin pursuant to Section 48.65 of the Wisconsin Statutes, where 3231 care is provided for not more than 8 children. 3232

FARM: All land under common ownership that is primarily devoted to 3233 agricultural use. 3234

FARM ACREAGE: The size of a farm in acres. 3235

FARMLAND PRESERVATION AGREEMENT: Any of the following 3236 agreements between an owner of land and the department under which the owner 3237 agrees to restrict the use of land in return for tax credits: 3238

A farmland preservation agreement or transition area agreement entered A.3239 into under Chapter 91.13, 2007 Wis. Stats., or Chapter 91.14, 2007 Wis. 3240 Stats. 3241

An agreement entered into under Chapter 91.60(1), Wis. Stats. B.3242 FARMLAND PRESERVATION AREA: An area that is planned primarily for 3243 agricultural use or agriculture-related use, or both, and that is one of the 3244 following: 3245

Identified as an agricultural preservation area or transition area in a A.3246 farmland preservation plan described in Chapter 91.12(1), Wis. Stats. 3247

Identified under Chapter 91.10(1)(d), Wis. Stats. in a farmland preservation B.3248 plan described in Chapter 91.12 (2), Wis. Stats.. 3249

FARMLAND PRESERVATION PLAN: A plan for the preservation of 3250 farmland in a county, including an agricultural preservation plan under 3251 Subchapter IV of Chapter 91, 2007 Wis. Stats. 3252 FARM RESIDENCE: Any of the following structures that is located on a farm: 3253

A single-family or duplex residence that is the only residential structure on A.3254 the farm or is occupied by any of the following: 3255

1. An owner or operator of the farm. 3256

2. A parent or child of an owner or operator of the farm. 3257

3. An individual who earns more than 50 percent of his or her gross 3258 income from the farm. 3259

A migrant labor camp that is certified under s. 103.92. B.3260 FEEDLOT: A lot, yard, corral, or other area in which livestock are confined, 3261 primarily for the purposes of feeding and growth prior to slaughter. The term does 3262 not include pastures or areas which are used for raising crops or other vegetation 3263 or upon which livestock are allowed to graze. 3264

FENCE, OPEN: A structure of rails, planks, stakes, strung wire, or similar 3265 material erected as an enclosure, barrier, or boundary. Open fences are those with 3266

more than 80 percent of their surface area open for free passage of light and air. 3267 Examples of such fences include barbed wire, chain link, picket, and rail fences. 3268

FENCE, ORNAMENTAL: A fence intended to decorate, accent, or frame a 3269 feature of the landscape. Ornamental fences are often used to identify a lot corner 3270 or lot line; or frame a driveway, walkway, or planting bed. Ornamental fences 3271 have more than 80 percent of their surface area open for free passage of light and 3272 air. Ornamental fences are often of the rail or wrought iron type. 3273

FENCE, SECURITY: A fence intended to guard property against unauthorized 3274 entry, and to protect stored goods and products from theft and other unauthorized 3275 handling. Security fences usually exceed 6 feet in height, are often made of 3276 wrought iron or woven wire, and may incorporate additional security features 3277 such as barbed wire. 3278

FENCE, SOLID: A structure of boards, rails, planks, stakes, slats, or similar 3279 material erected as an enclosure, barrier, or boundary. Solid fences are those with 3280 80 percent or less of their surface area open for free passage of light and air. 3281 Examples of such fences are stockade, board-on-board, board and batten, basket 3282 weave, and louvered fences. 3283

FINANCIAL INSTITUTION: A place of business where financial banking 3285 services are provided to consumers or clients on the site. Typical uses include 3286 banks, savings and loan associations, savings banks, credit unions, and loan 3287 companies. 3288

FLEA MARKET: Any premises where the principal use is the sale of new or 3289 used household goods, personal effects, tools, art work, small household 3290 appliances, and similar merchandise, equipment or objects, in small quantities, in 3291 broken lots or parcels, not in bulk, for use or consumption by the immediate 3292 purchaser. Flea markets may be conducted within a structure or in the open air. 3293 Rummage sales and garage sales are not considered to be flea markets. 3294

FLOOR AREA: The sum of the horizontal areas of each floor of a building, 3295 measured from the interior faces of the exterior walls or from the centerline of 3296 walls separating two buildings. The floor area measurement shall exclude the 3297 area within basements, utility rooms, garages, porches, breezeways, and 3298 unfinished attics. 3299

FLOOR AREA, GROSS LEASABLE: The total floor area designed for owner 3300 or tenant occupancy and exclusive use, including basements, mezzanines, and 3301 upper floors, if any; expressed in square feet and measured from the interior faces 3302 of the exterior walls or from the centerline of walls separating two buildings. 3303

FOSTER FAMILY HOME: The primary domicile of a foster parent which is 3304 for 4 or fewer foster children and which is licensed pursuant to Section 48.62 of 3305 the Wisconsin Statutes. 3306

FRONTAGE: The smallest dimension of a lot abutting a public street measured 3307 along the street right-of-way line. For lots abutting a lake or stream, the smallest 3308 dimension measured along the shoreline. 3309

FUR FARM: Any property comprising land or buildings or both used for the 3310 purpose of raising or harboring fur bearing animals including those defined in 3311 Section 29.001, Wisconsin Statutes, and also including chinchillas, nutria, and 3312 other fur bearing animals whether the animals are kept for breeding, slaughtering, 3313 pelting, or lab experimental purposes. 3314

GARAGE, PRIVATE: A structure primarily intended for and used for the 3315 enclosed storage or shelter of no more than 4 private motor vehicles of the 3316 families resident upon the premises. Carports are considered garages. 3317

GARAGE, PUBLIC OR COMMERCIAL: Any building or premises, other 3318 than a private or storage garage, where motor-driven vehicles are equipped, 3319 repaired, serviced, hired, sold or stored. 3320

GARAGE, STORAGE: Any building or premises used for storage only of 3321 motor-driven vehicles, pursuant to previous arrangements and not to transients, 3322 and where no equipment, parts, fuel, grease, or oil is sold and vehicles are not 3323 equipped, serviced, repaired, hired, or sold. 3324

GARAGE SALE: See “Rummage Sale.” 3325

GROSS FARM REVENUES: Has the meaning given in Chapter 71.613(1)(g), 3326

Wis. Stats. 3327

GROSS TRACT AREA: All land contained in a development tract excluding 3328 existing road, highway, and railway rights-of-way. 3329

GROUP ASSEMBLY: A company of persons gathered together for any purpose 3330 for a period of 2 or more hours. 3331

GROUP FOSTER HOME: Any facility operated by a person required to be 3332 licensed by the State of Wisconsin pursuant to Section 48.62 of the Wisconsin 3333 Statutes for the care and maintenance of 5 to 8 foster children. 3334

HIGHWAY: A public way for purposes of vehicular traffic including the entire 3335 area within the right-of-way. 3336

HOME INDUSTRY: A home occupation that is carried out in a structure 3337 separate from the principal structure; or the manufacture or assembly of a product, 3338 often on a contract basis, in a residence; or an occupation of a more intense nature 3339 than is normally defined as a home occupation. 3340

HOME OCCUPATION: Any occupation for gain or support conducted entirely 3341 within buildings by resident occupants which is customarily incidental to the 3342 principal use of the premises. 3343

HOTEL: A facility offering transient lodging accommodations to the general 3344 public. Such facilities may provide additional services, such as restaurants, 3345 meeting rooms, entertainment, and recreational facilities. 3346

HOUSING FOR THE ELDERLY: A dwelling unit or units designed and 3347 constructed to be occupied by elderly persons. An elderly person is a person who 3348 is 62 years of age or older on the date such person intends to occupy the premises, 3349 or a family, the head of which, or his spouse, is an elderly person as defined 3350 herein. 3351

IRREVOCABLE LETTER OF CREDIT: An agreement entered into by a 3352 bank, savings and loan, or other financial institution which is authorized to do 3353 business in the State of Wisconsin and which has a financial standing acceptable 3354 to the Town of Montpelier, and which is approved, as to form, by the Town 3355 Attorney. 3356

JUNKYARD: Any area, lot, land, parcel, building, or structure, or part thereof, 3357 used for the storage, collection, processing, purchase, sale, salvage, or disposal of 3358 junk. 3359

KENNEL Any premise, except where accessory to an agricultural use, where 3360 domestic animals, such as dogs and cats, are boarded, trained, or bred. 3361

KENNEL (COMMERCIAL): The boarding, breeding, raising, grooming or 3362 training of two or more dogs, cats or other household pets of any age not owned 3363 by the owner or occupant of the premise, and/or for commercial gain. 3364

LAND DEVELOPING ACTIVITY: The construction of buildings, structures, 3365 roads, parking lots, paved storage areas and similar facilities. 3366

LAND DISTURBING ACTIVITY: Any man-made change of the land surface 3367 including removing vegetation cover, excavating, filling and grading, but not 3368 including agricultural activities such as planting, growing, cultivating and 3369 harvesting of crops; growing and tending of gardens; harvesting of trees; and 3370 landscape modifications. 3371

LANDOWNER: Any person holding title to or having an interest in land. 3372

LAND USER: Any person operating, leasing, renting, or having made other 3373 arrangements with the landowner by which the landowner authorizes use of his or 3374 her land. 3375

LEACHATE: Liquid that has percolated through solid waste or other mediums 3376 from which dissolved or suspended materials have been extracted. 3377

LIVESTOCK: Means bovine animals, equine animals, goats, poultry, sheep, 3378 swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised 3379 fish. 3380

LOT: A tract of land on which a principal building and its accessory buildings are 3381 placed, together with the required open spaces; provided that no such lot shall be 3382 bisected by a public street, and shall not include any portion of a public right-of-3383 way. No lands dedicated to the public or reserved for roadway purposes shall be 3384 included in the computation of lot size for the purposes of this Chapter in zoning 3385 districts where the required minimum lot size is less than 5 acres. (See also 3386 “Parcel.”) 3387

LOT AREA: The total area within the lot lines of a lot, excluding any street 3388 rights-of-way. 3389

LOT AREA, ABSOLUTE MINIMUM: The minimum lot area to which a lot 3390 may be reduced below the standard minimum lot area in the district. Used in lot 3391 averaging. 3392

LOT AVERAGING: A design technique permitting one or more lots in a 3393 subdivision to be undersized, providing the remaining land from the undersized 3394 lot is added to another lot. 3395

LOT, CORNER: A lot abutting 2 or more streets at their intersection provided 3396 that the corner of such intersection shall have an angle of 135 degrees or less, 3397 measured on the lot side. (See Appendix A, Illustration No. 4). 3398

LOT, DOUBLE FRONTAGE: A parcel of land, other than a corner lot, with 3399 frontage on more than one street or with frontage on a street and a navigable body 3400 of water. Also known as a through lot. (See Appendix A, Illustration No. 4). 3401

LOT, FLAG: A lot not fronting on or abutting a public street and where access to 3402 the public street system is by a narrow strip of land, easement, or private right-of-3403 way. Flag lots are not generally considered to conform to sound development 3404 principles. (See Appendix A, Illustration No. 4). 3405

LOT, INTERIOR: A lot with frontage on one street which is bounded by 3406 adjacent lots along each side and a lot behind fronting on a different street. (See 3407

Appendix A, Illustration No. 4). 3408

LOT WIDTH: The width of a parcel of land measured at the setback line. 3409

MANUFACTURED HOME: A dwelling unit which is, or was as originally 3410 constructed, designed to be transported after fabrication on its own wheels, or by 3411 a motor powered vehicle, arriving at a site where it is to be occupied as a 3412 residence (whether occupied or not) complete and ready for occupancy (with or 3413 without major appliances and furniture) except for minor and incidental 3414 unpacking and hook-up operations, and designed, equipped and used primarily for 3415 sleeping, eating, and living quarters or is intended to be so used, and includes any 3416 additions, attachments, annexes, foundations, and appurtenances. 3417

Structures which are delivered to the site in halves or other modular arrangements 3418 (consisting of complete wall sections or large units fabricated off-premise by the 3419 manufacturer of the basic unit and designed and intended to be attached to the 3420 basic unit) and which when joined together exceed 22 feet in width throughout, 3421 meet minimum floor area requirements of this Chapter, have a length to width 3422 ratio of not more than 2.5 to one (with length measured along the center of the 3423 longest roof axis and width measured perpendicular to the above at the completed 3424 unit's most narrow span), and which are placed upon a permanent foundation are 3425 considered single family residences or single family dwelling units. 3426

MANUFACTURING, HEAVY: Enterprises involved in the basic processing 3427 and manufacturing of products, predominately from raw materials, with 3428 noticeable noise, odor, vibration, or air pollution effects across property lines or a 3429 use or process engaged in the storage of potentially or actually hazardous, 3430 explosive, flammable, or other commonly recognized hazardous material. 3431

MANUFACTURING, LIGHT: Establishments engaged in the manufacture or 3432 processing of finished products from previously prepared materials, including 3433 fabrication, assembly, treatment, and packaging of such products, and incidental 3434 storage, sales and distribution. These establishments are characterized by having 3435 no major external environmental effects across property lines and include no 3436 outside storage. Typical uses include commercial bakeries, dressed beef 3437 processing plants, soft drink bottling, apparel assembly, electronics 3438 manufacturing, print shops, and publishing houses. 3439

MANURE PIT: A structure or earthen pond located outside of a barn or shelter 3440 and used for containment of manure and other wastes from livestock and poultry. 3441

MOBILE HOME: Any self-contained eating, sleeping, or living unit, having a 3442 maximum width of 16 feet, which was originally designed or constructed to be 3443 transported by any motor vehicle over the public highways, together with any 3444 auxiliary additions, attachments, annexes, foundations and appurtenances to or for 3445 the same. Mobile living units which are transported in 2 or more modules are not 3446 mobile homes for the purpose of this Chapter. 3447

MOBILE HOME, DOUBLE WIDE: A double wide mobile home is a mobile 3448 home consisting of 2 mobile home sections combined horizontally at the site 3449 while still retaining their individual chassis for possible future movement. 3450

MOBILE HOME PARK: A mobile home park is a parcel of land upon which 3 3451 or more mobile homes are occupied for dwelling or sleeping purposes are located, 3452 regardless of ownership and whether or not a charge is made for the 3453 accommodation, but excluding farms where the occupants of the mobile home 3454 park work on the farm or are related to the farm owner or operator as father, 3455 mother, son, daughter, brother, or sister. 3456

MOTEL: A series of attached, semiattached, or detached sleeping units for the 3457 accommodation of transient guests. 3458

NONCONFORMING USES OR STRUCTURES: Any structure, land, or water 3460 lawfully used, occupied, or erected at the time of the effective date of this Chapter 3461 or amendments thereto which does not conform to the regulations of this Chapter 3462 or amendments thereto. Any such structure conforming in respect to use but not 3463 in respect to frontage, width, height, area, yard, parking, loading, or distance 3464 requirements shall be considered a nonconforming structure and not a 3465 nonconforming use. 3466

NONFARM RESIDENCE: A single-family or multi-family residence other than 3467 a farm residence. 3468

NONFARM RESIDENTIAL ACREAGE: The total number of acres of all 3469 parcels on which nonfarm residences are located. 3470

OFFICE, GENERAL: Use of a site for business, professional, or administrative 3471 offices. Typical uses include real estate, insurance, management, travel, or other 3472 similar business offices; organization and association offices; or law, 3473 architectural, engineering, accounting, or other professional offices. 3474

ORDINARY HIGHWATER MARK: The point on the bank or shore of a body 3475 of water up to which the presence and action of surface water is so continuous as 3476 to leave a distinctive mark such as by erosion, destruction or prevention of 3477 terrestrial vegetation, predominance of aquatic vegetation, or other easily 3478 recognized characteristic. 3479

OVERLAY DISTRICT: A zoning district that is superimposed on one or more 3480 other zoning districts and imposes additional restrictions on the underlying 3481 districts. 3482

OWNER: A person who has an ownership interest in land. 3483

PARCEL: A tract of land upon which one or more rural structures, including 3484 residences, are placed together with the required open spaces. The term “parcel,” 3485 as used in the A-1 and A-2 district regulations and unlike the term “lot” as defined 3486 elsewhere in this Section, may contain lands reserved for roadway purposes in the 3487 computation of the required minimum parcel size. 3488

PARK: A tract of land, designated and used by the public for active and passive 3489 recreation. 3490

PARKING LOT: A structure or premises containing parking spaces open to the 3491 public. Such spaces may be for rent or a fee. 3492

PARTIES-IN-INTEREST: Includes all abutting property owners, all property 3493 owners within 500 feet, and all property owners of opposite frontages. The 3494 application of the 500-foot rule is not affected by Town, City, or Village 3495 corporate limit lines. 3496

PATIO: A platform or series of platforms, accessory to a dwelling unit, 3497 constructed at or below yard grade. Patios may be free-standing or attached to a 3498 dwelling and are intended for use as an outdoor living area. 3499

PERSONAL SERVICES: Establishments engaged in the provision of frequently 3500

needed services of a personal nature. Typical uses include barber and beauty 3501 shops, seamstress, tailor, or shoe repair shops, photography studios, and tanning 3502 salons. 3503

PLAYFIELDS OR ATHLETIC FIELDS: A developed recreation area that 3504 may contain a playground as well as fields for competitive sports such as baseball, 3505 football, or soccer. Bleachers or grandstands may be provided. PRIME 3506 FARMLAND: Any of the following: 3507

An area with a class I or class II land capability classification as identified A.3508 by the natural resources conservation service of the federal department of 3509 agriculture. 3510

Land, other than land described in par. (a), that is identified as prime B.3511 farmland in a certified farmland preservation plan. 3512

PRINCIPAL USE OR STRUCTURE: The main use of land or structures as 3513 distinguished from a secondary or accessory use. Such use could be a house in a 3514 residential district, a store in a business district, a factory in a manufacturing 3515 district, or crops and farm buildings in an agricultural district. 3516

PRIOR NONCONFORMING USE: A land use that does not conform with a 3517 farmland preservation zoning ordinance, but that existed lawfully before the 3518 farmland preservation zoning ordinance was enacted. 3519

PROFESSIONAL HOME OFFICES: Residences of clergymen, architects, 3520 landscape architects, professional engineers, registered land surveyors, lawyers, 3521 real estate agents, artists, teachers, authors, musicians, or other recognized 3522 professions used to conduct their professions where the office use is incidental to 3523 the residential use of the premises. 3524

PROTECTED FARMLAND: Land that is located in a farmland preservation 3525 zoning district, is covered by a farmland preservation agreement, or is otherwise 3526 legally protected from nonagricultural development. 3527

RECREATIONAL VEHICLE: A vehicle used for transient living quarters 3528 which can be towed, hauled, or driven and is designed for recreational, camping, 3529 or travel use which includes, but is not limited to, travel trailers, camper trailers, 3530 motor homes, pickup campers, water craft, all-terrain vehicles and snowmobiles. 3531

RESTAURANT: An establishment where food, refreshments, and beverages are 3532 prepared, served, and consumed primarily within the principal structure. (See 3533 also “Drive-in Restaurant”) 3534

RETAIL ESTABLISHMENT: A place of business offering for sale commonly 3535 used goods and merchandise for personal or household use. Includes department 3536 stores, apparel stores, furniture stores, or establishments providing the following: 3537 Household cleaning and maintenance products, drugs, cards, stationery, notions, 3538 books, tobacco products, cosmetics, and specialty items; flowers, plants, hobby 3539 materials, toys and handcrafted items; apparel, jewelry fabrics and like items; 3540 cameras, photography services, household electronic equipment, video and music 3541 stores, sporting equipment, kitchen utensils, home furnishing and appliances, art 3542 supplies and framing, arts and antiques, paint and wallpaper, hardware, carpeting 3543

and floor covering; interior decorating services; office supplies; mail order catalog 3544 sales; bicycles; and automotive parts and accessories. 3545

RUMMAGE SALE: The occasional sale of personal property at a residence 3546 conducted by one or more families in a neighborhood. Rummage sales do not 3547 exceed 4 consecutive days in length and are not conducted more often than 3 3548 times per year. Rummage sales do not involve the resale of merchandise acquired 3549 for that purpose. Rummage sales are also known as “garage sales”. Flea markets, 3550 defined elsewhere in this Section, are not rummage sales. 3551

SCHOOL: A public, parochial, or private institution that provides educational 3552 instruction to students, other than a trade or business school. 3553

SEAT: Furniture upon which to sit having a linear measurement not less than 24 3554 inches across the surface used for sitting. 3555

SECONDARY SUITE: A second and subordinate, self-contained dwelling unit 3556 located on a parcel or lot along with a principal structure that may be attached to a 3557 principal structure or located within a detached structure. 3558

SERVICE STATION: Any building, land area, or other premises, or portion 3559 thereof, used for the retail dispensing or sales of fuels for motor vehicles; 3560 servicing and repair of automobiles; and including as an accessory use the sale 3561 and installation of lubricants, tires, batteries, and similar vehicle accessories. 3562

SETBACK: See "Yard, Street" 3563

SEXUAL CONDUCT: Acts or simulated acts of masturbation, homosexuality, 3565 sexual intercourse, or physical contact with a person's clothed or unclothed 3566 genitals, pubic area, buttocks, or, if such person is a female, breasts. 3567

SHORELANDS: Those lands lying within the following distances from the 3568 ordinary high water mark of navigable waters: 1,000 feet from a lake, pond or 3569 flowage; and 300 feet from a river or stream or to the landward side of the 3570 floodplain, whichever distance is greater. Shorelands in the Town of Montpelier 3571 are regulated by Kewaunee County. 3572

SIGN: Any words, letters, figures, numerals, phrases, sentences, emblems, 3573 devices, designs, trade names, or trade marks by which anything is made known 3574 and which are used to advertise or promote an individual, firm, association, 3575 corporation, profession, business, commodity, or product and which is visible 3576 from any public street or highway. 3577

SIGN, AWNING: Any sign or other graphic material attached or inscribed on an 3578 awning (See Appendix A, Illustration No. 5). 3579

SIGN, DIRECTIONAL: A non-commercial sign limited to directional messages 3580 (e.g. enter, exit, drive through lane, or no smoking). Logos or business names 3581 will be permitted as needed to complete the directional message. 3582

SIGN, GROUND: Any sign, other than a pole sign, in which the entire bottom is 3583 in contact with or is close to the ground and is independent of any other structure 3584 (See Appendix A, Illustration No. 5). 3585

SIGN, POLE: A sign that is mounted on a freestanding pole or other support so 3586 that the bottom edge of the sign face is 6 feet or more above grade (See Appendix 3587 A, Illustration No. 5). 3588

SIGN, PORTABLE: Any sign, other than a mobile sign, designated or 3589 constructed in such a manner that it can be moved or relocated without any 3590 structural support changes (See Appendix A, Illustration No. 5). 3591

SIGN, PROJECTING: Any sign which projects from and is supported by a wall 3592 of a building with the display surface of the sign perpendicular to the building 3593 wall (See Appendix A, Illustration No. 5). 3594

SIGN, ROOF: A sign that is mounted on the roof of a building or that is wholly 3595 dependent upon a building for support and that projects above the top walk or 3596 edge of a building with a flat roof, the eave line of a building with a gambrel, 3597 gable, or hip roof, or the deck line of a building with a mansard roof. (See 3598 Appendix A, Illustration No. 5) 3599

SIGN, TEMPORARY: A sign or advertising display constructed of cloth, 3600 canvas, fabric, plywood, or other light material and designed or intended to be 3601 displayed for a period of 30 days or less. 3602

SIGN, WALL: A sign fastened to or painted on the wall of a building or structure 3604 in such a manner that the wall becomes the supporting structure for, or forms the 3605 background surface of, the sign and that does not project more than 12 inches 3606 from such building or structure (See Appendix A, Illustration No. 5). 3607

SIGN, WINDOW: Any sign printed, attached, glued, or otherwise affixed to or 3608 behind a window and visible to the public (See Appendix A, Illustration No. 5). 3609

SILVICULTURE: The development and/or maintenance of a forest or wooded 3610 preserve. 3611

SPECIFIED ANATOMICAL AREAS: Less than completely and opaquely 3612 covered genitals, pubic regions, buttocks, female breasts below the point 3613 immediately above the top of the areola, or human male genitals in a discernible 3614 turgid state, even if opaquely covered. 3615

SPECIFIED SEXUAL ACTIVITIES: Simulated or actual activities that show 3616 human genitals in a state of sexual stimulation or arousal; acts of masturbation, 3617 sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, 3618 fellatio or cunnilingus; or fondling or erotic touching of human genitals, pubic 3619 regions, buttocks, or female breasts. 3620

STABLE: A structure that is used for the shelter or care of horses. 3621

STEALTH WIRELESS COMMUNICATION FACILITIES: Facilities 3622 designed to substantially conceal or camouflage the wireless antennae and 3623 associated equipment. 3624

STORY: That portion of a building included between the surface of any floor and 3625 the surface of the floor next above it, or if there is no floor above it, then the space 3626 between the floor and the ceiling next above it and including those basements 3627 used for the principal use. 3628

STORY, HALF: A space under a sloping roof that has the line of intersection of 3629 the roof and wall face not more than 3 feet above the floor level and in which 3630 space the possible floor area with head room of 5 feet or less occupies at least 40 3631 percent of the total floor area of the story directly beneath. 3632

STREET: Any vehicular way that is an existing State, County, or Town roadway; 3633 is shown upon a subdivision plat or certified survey map approved pursuant to 3634 law; or is approved by other official action. The street includes all land within the 3635 right-of-way, whether improved or unimproved. 3636

STRUCTURE: Any erection or construction, such as buildings, towers, masts, 3637 poles, booms, signs, decorations, carports, machinery, and equipment. 3638

STRUCTURE, TEMPORARY: A structure without any foundation or footings 3639 and that is removed when the designated time period, activity, or use for which 3640 the temporary structure was erected has ceased. 3641

STRUCTURAL ALTERATIONS: Any change in the supporting members of a 3642 structure, such as foundations, bearing walls, columns, beams, or girders. 3643

SWIMMING POOL: Any structure, portable or permanent, containing a body of 3644

water 18 inches or more in depth, intended for recreational purposes, including a 3645 wading pool, but not including an ornamental reflecting pool or fish pond or 3646 similar type pool, located and designed so as not to create a hazard or to be used 3647 for swimming or wading. 3648

TEMPORARY USE: A use established for a limited duration with the intent to 3649 discontinue such use upon the expiration of the time period. 3650

TOWN SECTION, OR SECTION: A measure of land area equal to 640 acres, 3651 or one (1) square mile. 3652

UNIFIED DEVELOPMENT PLAN: A development plan that is created for all 3653 areas of a development parcel. When a development plan consists of several 3654 parcels, the proposed site plan layout for all parcels must be included in the 3655 unified development plan, whether or not development will be phased. 3656

UNNECESSARY HARDSHIP: That circumstance where special conditions, 3657 which are not self-created, affect a particular property and make strict conformity 3658 with the restrictions governing dimensional standards (such as lot area, lot width, 3659 setbacks, yard requirements, or building height) unnecessarily burdensome or 3660 unreasonable in light of the purpose of this Chapter. Unnecessary hardship is 3661 present only where, in the absence of a variance, no feasible use can be made of 3662 the property. 3663

UTILITIES: Public and private facilities such as water wells, water and sewage 3664 pumping stations, water storage tanks, power and communication transmission 3665 lines, electrical power substations, static transformer stations, telephone and 3666 telegraph exchanges, microwave radio relays, and gas regulation stations, but not 3667 including sewage disposal plants, municipal incinerators, warehouses, wireless 3668 communication facilities, shops, and storage yards. 3669

VARIANCE: An authorization granted by the Zoning Board of Appeals to 3670 construct or alter a building or structure in a manner that deviates from the 3671 dimensional standards of this Chapter. A variance may not permit the use of a 3672 property that is otherwise prohibited by this Chapter. 3673

VISION CLEARANCE AREA: An unoccupied triangular space at the 3674 intersection of 2 or more streets or highways, or a street and a railway, which is 3675 bounded by the street lines, highway or railway right-of-way lines, and a setback 3676 line connecting points specified by measurement from the corner on each street, 3677 highway, or railway line. (See Appendix A, Illustration No. 1 and No. 2). 3678

WOODLANDS: An area having at least 17 trees per acre with a minimum 4-inch 3679 caliper and with at least 50 percent canopy cover per acre. 3680

YARD: An open space on the same lot with a structure, unoccupied and 3681 unobstructed from the ground upward except for vegetation. The street and rear 3682 yards extend the full width of the lot. 3683

YARD, REAR: A yard extending across the full width of the lot, the depth of 3684 which shall be the minimum horizontal distance between the rear lot line and a 3685 line parallel thereto through the nearest point of the principal structure. This yard 3686

shall be opposite the street yard or one of the street yards on a corner lot (See 3687 Appendix A, Illustration No. 6). 3688

YARD, SIDE: A yard extending from the street yard to the rear yard of the lot, 3689 the width of which shall be the minimum horizontal distance between the side lot 3690 line and a line parallel thereto through the nearest point of the principal structure 3691 (See Appendix A, Illustration No. 6). 3692

YARD, STREET OR SETBACK: A yard extending across the full width of the 3693 lot, the depth of which shall be the minimum horizontal distance between the 3694 existing or proposed street right-of-way line and a line parallel thereto through the 3695 nearest point of the principal structure. Corner lots shall have 2 such yards (See 3696 Appendix A, Illustration No. 6). 3697

ZONING: The delineation of districts and the establishment of regulations 3698 governing the use, placement, spacing and size of land and buildings. 3699

ZONING ADMINISTRATOR: The officer appointed by the Town Board to 3700 administer this Chapter and to issue Zoning/Land Use Permits and, following a 3701 determination by the Town Board or Zoning Board of Appeals, respectively, 3702 conditional use permits and variances. Also referred to as the Town Building 3703 Inspector. 3704

ZONING/LAND USE PERMIT: A document signed by the Zoning 3705 Administrator as a condition precedent to the commencement of a use or the 3706 erection, construction, alteration, conversion, or installation of a building, which 3707 acknowledges that such use or building complies with the provisions of the 3708 municipal zoning ordinance. 3709

10.1700 ADOPTION AND EFFECTIVE DATE 3711

10.1701 Village Powers 3712 The electors of the Town of Montpelier, Kewaunee County, Wisconsin authorized 3713 the Town Board to exercise all powers relating to villages and conferred on 3714 villages by Chapter 61 of the Wisconsin Statutes. 3715

10.1702 Public Hearing 3716 Pursuant to and in accordance with the Laws of the State of Wisconsin, the Town 3717 Plan Commission, at the direction of the Town Board of the Town of Montpelier 3718 conducted a public hearing on this Chapter on the 6th day of January 2009. 3719

10.1703 Plan Commission Recommendation 3720 The Plan Commission of the Town of Montpelier recommended the adoption of 3721 this Chapter at a meeting held on the 6th day of January 2009. 3722

10.1704 Town Board Approval 3723 The Town Board of Supervisors concurred with the recommendations of the 3724 Town Plan Commission and proceeded to adopt the Zoning Ordinance at a 3725 meeting held on the ____ day of _________ 2016. 3726

10.1705 Effective Date 3727 This Chapter shall take effect the day following the publication or posting of the 3728 adopting ordinance, as provided in Section 60.80(3) and Section 66.0103 of the 3729 Wisconsin Statutes. 3730

Chapter 10: Zoning Ordinance Appendix A Page

APPENDIX A

ILLUSTRATIONS

Chapter 10: Zoning Ordinance Appendix A Page 1

Illustration No. 1

Illustration No. 2

Illustration No. 3

Illustration No. 4

Illustration No. 5

Illustration No. 6

APPENDIX B

TOWN OF MONTPELIER ZONING MAP

GASCHE

STODOLA

HRABIK

SLEEPY HOLLOW

JAHNKE

MANITOWOC

KADLETZ

NORTH COUNTY LINE

VALLEY

TOWNLINE

RGBEEC

EAST TOWNLINE

S COUNTY LINE

SLEEPY HOLLOW

GASCHE

TOWNLINE

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s no g

Brown County Brown County

nd Stat

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B I R-1

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