The following use restrictions and regulations shall apply:
A. Principal Uses. Only those principal uses and structures specified for a district, their essential services, uses required by State or Federal law, and the uses set forth in this Section shall be permitted in that district.
B. Accessory uses, buildings and structures. Accessory uses, buildings and structures are permitted in any district (except the floodplain districts, see Chapter 37), but, except as set forth in this Section, not until the principal structure on the lot is present or under construction. Accessory uses, buildings and/or structures shall not involve the conduct of any business, trade or industry unless the use, building and/or structure is related to an allowed professional home office as defined in Section 35-300 or home occupations as set forth below. Accessory buildings and structures may be used for storage, parking facilities, gardening, private swimming pools, and private emergency shelters, and must be directly related to the principal use. Outdoor storage is not an authorized accessory use in residential, commercial, C-2, M-1 and M-2 districts, except storage of registered vehicles (also see Section 35-180 of this Chapter and Chapter 37 of this Code). Examples of accessory structures (regardless of whether attached to a foundation) include, but are not limited to: barns, detached garages, playhouses, sheds, private greenhouses, gazebos, storage sheds, boathouses, wind energies facilities, swimming pools and pump houses, wind energy structures, and tower facilities.
1. Accessory uses.
a. In-law suites. In-law suites (herein “suite”) may be allowed as an accessory use to a single family residence located in the residential, agricultural, urban reserve and C-2 zoning districts, subject to the following:
(1) Up to two persons who will be living together as a single housekeeping entity with the residents occupying the principal structure may reside in the suite and must be allowed unrestricted access to the common areas of the dwelling.
(2) The suite shall not have separate gas, water, and/or electric meters (more than one meter per utility would constitute a multi-family dwelling unit, and that is prohibited).
(3) The suite shall not be located in any detached accessory structure.
(4) The gross floor area of the suite shall not exceed 800 square feet (not including areas for common utilities such as water heater, furnace, etc.).
(5) The suite shall be connected to the main heated living area of the dwelling by way of common walls (the suite shall not be connected to the dwelling by a breezeway, garage, or corridor as this would constitute a multi-family dwelling unit, and that is prohibited). A code- compliant suite may be located above a garage that is attached in its entirety to a single-family residence.
(6) There shall be only one address and one mailbox for the lot containing the residence and suite.
(7) The suite addition shall be constructed so as to be compatible and in harmony in terms of architecture, color, materials and texture with the exterior of the principal residence.
(8) In areas not served by public sanitary sewer, any suite that is added onto or created within an existing residence must have private onsite wastewater treatment system (POWTS) sanitary approval prior to zoning permit issuance.
(9) The suite shall have its principal means of access to the outdoors from the main dwelling unit via said dwelling unit's main exterior doorways (a sole segregated doorway from the suite to the outdoors would constitute a multi-family dwelling unit and that is prohibited).
(10) The suite may have up to one bedroom, bathroom, along with a sitting room or parlor. It may not have a full kitchen (stove, refrigerator and sink).
(11) There may be no more than one suite addition within or attached to a single-family residence.
(12) Evidence of a recorded deed restriction will be required at the time of the filing of the zoning permit application that establishes that persons within the home are required to be living together in the dwelling as a single housekeeping entity, that the living area shall not be utilized as a two-family dwelling, and that the suite will be in compliance with this Code.
b. Home Occupations. "A", "C-2" and "R" district residential accessory uses and structures shall not involve the conduct of any business, trade, or industry, except if allowed as a principal or conditional use, or as set forth in section J, below.
2. Accessory Buildings and Structures on Sewered Lots. Accessory buildings and structures on lots served by public sanitary sewer are limited as set forth herein, and may modify the yard requirements, as follows:
a. Number of Accessory Buildings Limited. No more than two accessory buildings that are not part of the principal structure may be located on any building site. If two accessory buildings are present, the size of at least one of the structures is limited to no more than 200 square feet.
b. Accessory Structures, Including Buildings, Regulations.
(1) A detached accessory structure 150 square feet or less in area may be located in a side yard or rear yard provided that the structure is at least ten feet from the principal structure, is at least three feet from any lot line, is not intended for human habitation or animal shelter, and is not greater than fifteen feet in height. The five foot setback requirement of s. 35-180.B.6. of this Chapter does not apply to any accessory structure which is 150 square feet or less in area.
(2) A detached accessory structure greater than 150 square feet but no greater than 720 square feet in area may be located in a side yard or rear yard provided that the structure is at least ten feet from the principal structure, at least four feet from the lot line, is not intended for human habitation or animal shelter, and is not greater than fifteen feet in height. The five foot setback requirement of s. 35-180.B.6. of this Chapter does not apply to any detached accessory structure which is greater than 150 square feet and no greater than 720 square feet in area.
(3) A detached accessory structure greater than 720 square feet, but no greater than 1,200 square feet in area may be located in a side yard or rear yard provided that the structure is at least ten feet from the principal structure, is at least ten feet from any lot line, is not intended for human habitation or animal shelter, and is not greater than fifteen feet in height.
c. No detached accessory structure greater than 720 square feet may be located in the following zoning districts: R-1 Single Family Residential, R-2 Single Family Residential, R-3 One and Two Family Residential, and R-4 Multiple Family Residential.
d. A detached garage of masonry construction which is greater than 150 square feet but no greater than 720 square feet in area shall not be located less than five feet from any residential building. A detached garage of masonry construction which does not fall within these size parameters shall be governed by all of the other provisions set forth in this Section.
e. Accessory structure regulations for lots abutting shorelands in the area of the Village not subject to Chapter 36 are in s. 35-21E. See Chapter 36 for accessory structures in the Shoreland- wetland and Shoreland Districts.
f. Surrounding Area. No Zoning Permit shall be issued for any accessory structure, including buildings, if the plan, general design and architecture do not substantially conform to the plan, general design and architecture of the surrounding area.
3. Accessory Buildings and Structures Located on Unsewered Lots. Accessory buildings and structures, located on lots not served by public sanitary sewer, are limited as set forth herein, and may modify the yard requirements, as follows:
a. Accessory structures may be permitted in the agricultural districts prior to the presence of the principal structure provided that the parcel on which the accessory structure will be located is ten contiguous acres in size or larger, the accessory structure is intended for an agricultural use, the proposed accessory structure meets the setback requirements needed for a principal structure in that district, and the accessory structure is at least 100 feet from any existing residence on abutting parcels.
b. Except for signs and tower facilities and/or wind energy facilities, which are regulated separately, any detached accessory structure less than 36 square feet in area is exempt from the requirement for obtaining a Zoning Permit. In addition, any temporary, seasonal outdoor above- ground swimming pool, hot tub, or whirlpool bath that does not remain erected on the same lot for more than 120 consecutive days is exempt from the requirement for obtaining a Zoning Permit.
c. Detached accessory structures constructed in residential districts shall not be closer than ten feet to the principal structure; not closer than five feet to a side or rear lot line; not closer than five feet to an alley line; shall not exceed 15 feet in building height; shall not occupy more than 20 percent of the rear yard area; and are permitted in the rear and side yards only, except as follows:
(1) Accessory structures are permitted in the street yard portion of waterfront lots provided that they are not placed within the required minimum street yard setback.
(2) For lots with multiple street yards and no defined rear yard area, accessory structures are permitted in the street yard portion of the secondary or non-access street provided that they are not placed within the minimum required street yard setback.
(3) Any portion of an accessory structure placed or constructed in a side yard area of a nonconforming principal structure shall not encroach into the minimum required street yard setback.
d. Detached accessory structures constructed in nonresidential districts shall not be closer than ten feet to the principal structure; not closer than one-half of the building height to a side or rear lot line, or in accordance with the yard setbacks of the zoning district, whichever is greater; are limited in height to that listed for the principal structures in the zoning district, although a greater building height may be approved through a site plan review process and as allowed in Section 35-180; shall not occupy more than 20 percent of the rear yard area; and are permitted in the rear and side yards only, except as follows:
(1) Accessory structures are permitted in the street yard portion of waterfront lots provided that they are not placed within the required minimum street yard setback.
(2) For lots with multiple street yards and no defined rear yard area, accessory structures are permitted in the street yard portion of the secondary or non-access street provided that they are not placed within the minimum required street yard setback.
(3) Any portion of an accessory structure placed or constructed in a side yard area of a nonconforming principal structure shall not encroach into the minimum required street yard setback.
e. The aggregate total footprint area for all accessory structures constructed in the unsewered areas shall not exceed the following square footage for the stated lot size, exclusive of road right-of-way:
Lot Size/ Accessory Structure(s) Maximum Aggregate Total Footprint Area
Less than 10,000 sq. ft. lot: 720 square feet
10,000 sq. ft. to less than 20,000 sq. ft. lot: 1,000 square feet
20,000 sq. ft. to less than 1 acre lot: 2,600 square feet
1 acre to less than 2 acre lot: 4,000 square feet
2 acre to less than 3 acre lot: 5,000 square feet
3 acre to less than 4 acre lot: 6,000 square feet
4 acre to less than 5 acre lot: 7,500 square feet
5 acre to less than 10 acre lot: four percent of lot area
10 acre lot or more: five percent of lot area
Note: A greater amount of square footage per lot size may be allowed if approved as part of a conditional use permit or site plan review when needed as an integral part of the plan of operation and where said structure(s) is used solely accessory to the permitted principal or conditional use on said lot.
4. Accessory Structures in General. Where an accessory structure is permanently attached to the principal structure by a roof or wall-to-wall, such accessory structure shall be considered as a part of the principal structure. Decks, stairs and landings that abut a principal structure, whether or not physically attached, and outdoor swimming pools, hot tubs or whirlpools on top of, within, or immediately abutting such shall be considered to be part of the principal structure and principal structure setbacks would apply for required setbacks except where Section 35-180 Modification setbacks apply. Items such as a fence, trellis, retaining wall, and sidewalk, driveway or patio less than six inches from grade are not considered an attachment, and are exempt from setbacks except where regulated by shoreland, shoreland-wetland, floodplain or traffic visibility regulations.
5. Essential Services. Essential services, as defined in Section 35-200 of this chapter, shall be permitted accessory uses in all zoning districts subject to the limitations and requirements set forth in this subsection.
C. Exemptions from yard requirements
1. Essential services, utilities, electric power and communication transmission lines and mechanical appurtenances thereto where reasonable and necessary for the preservation of the public health, safety, convenience and welfare are exempt from the yard and distance requirements of this chapter, provided, however, that tower facilities, wind energy facilities and solar energy facilities shall meet the requirements in the applicable sections of this Chapter, and the placement of utilities shall be regulated as follows:
(a) The placement of said utilities in Village rights-of-way shall be subject to section 6-6 of this Code; and
(b) The placement of said utilities in the front or side yard of any lot in the Village shall be subject to the following:
(1) All above-ground structures, cabinets or boxes shall be precisely indicated on plans submitted to the Zoning Administrator, or, if applicable, the Plan Commission, including the size and appearance thereof. The Zoning Administrator or Plan Commission may require alternative placement of said structures, cabinets or boxes as part of the permitting process if the Administrator or Plan Commission determines that the planned placement interferes with public safety, health or welfare. The Zoning Administrator or Plan Commission may also reasonably require screening of said structures, cabinets or boxes if either determines that the public welfare is harmed by the potential diminution of property values in the area because of the appearance of said structures, cabinets or boxes.
(2) Except for sanitary sewerage service in Floodplain and Shoreland Districts, no separate Zoning Permit under this Chapter shall be required for the necessary and customary construction, reconstruction or maintenance of above ground or underground public utility neighborhood service lines and mechanical appurtenances thereto, however, this section shall apply to the review of the placement of said utility facilities. When a single site is being developed, review of the placement of the sanitary facilities shall be performed as part of the building and/or zoning review.
2. Landscaping and vegetation are exempt from the yard requirements of this chapter, unless they interfere with the vision clearance triangle.
D. Conditional Uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Plan Commission and Village Board in accordance with Section 35-100 of this Chapter.
E. Shoreyard Uses in Areas of the Village Not Subject to Chapter 36. The shoreyard is defined in Section 35-300 of this Chapter.
The rear yard setbacks applicable to the zoning district for principal uses on lots abutting navigable water in areas of the Village not subject to Chapter 36 apply to the shore yards, provided that no setback averaging set forth in s. 35-180.B. may allow a principal structure to be placed closer than 25 feet to the ordinary high-water mark.
Except as set forth in subsection 3., detached accessory buildings and structures may be placed in shoreyards but may not be placed closer than 25 feet to the ordinary high-water mark, shall be limited in size to 300 square feet or less in area, must be at least five feet but no greater than ten feet from the principal structure, must be at least three feet from any side lot line, may not be used for human habitation or animal shelter, and may not be greater than fifteen feet in height.
Boathouses may be located within the shoreyard, but shall not be closer than 20 feet to the ordinary high water-mark of a stream, lake, river, pond or wetland; shall not exceed one boathouse per shoreyard lot; shall not exceed 15 feet in height above the ordinary high water mark; shall not exceed 250 square feet in horizontal area covered; and shall not be closer than 15 feet to any side lot line. In no case, however, shall boathouses be allowed to project beyond the shoreline. Boathouses shall be constructed in such a manner as to orient the main opening of the boat house toward the body of water and shall be used strictly for the storage of boats and water- related recreational accessories. The use of a boat house for human habitation is prohibited. No plumbing, heating or cooking facilities may be provided in or for a boathouse.
Where a lot contains a shoreyard, accessory structures meeting the other requirements of this Chapter may be placed in side and street yards provided that the setbacks for those yards are met.
Shoreyard uses for land subject to shoreland regulation, see, Chapter 36.
F. Unclassified or Unspecified Uses may be permitted by the Zoning Board of Appeals after the Village Plan Commission had made a review and recommendation provided that such uses are similar in character to the principal uses permitted in the district, except as limited in a specific zoning district.
G. Temporary Uses of Land and Temporary Structures.
1. In this section:
“Temporary Structure” means a structure that is not permanently attached to the ground that is removed when the designated time period, activity or use for which the temporary structure was erected or placed has ceased.
“Temporary Use” means a use that is established for a limited duration with the intent to discontinue such use upon the expiration of the time period. A temporary use may not be permitted for more than 30 days unless the use is specifically permitted in this section.
2. Temporary Use Permits.
a. Required. A zoning Temporary Use Permit is required for temporary uses and for the use of land for temporary structures as set forth in this section. The permit shall be referred to as a Temporary Use Permit whether it is for a temporary use or for a temporary structure or both. When such a permit has been issued, an occupancy permit for the use is not required.
b. Fees; Applications.
(1) Fees. The applicant for a Temporary Use Permit shall pay a fee at the time of application in an amount set by the Village Board and set forth in the Fee Schedule.
(2) Applications. All applications shall contain a location sketch, drawn to scale, showing the location, actual shape and dimensions of the lot to be used and the size and location on the lot of the proposed use along with the existing buildings. The location and setbacks of temporary structures related to the proposed use shall be shown, as well as the proposed parking areas. The Zoning Administrator and Plan Commission may require such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this section.
3. General Standards. The Zoning Administrator may issue a Temporary Use Permit after Plan Commission review and approval as set forth in this section.
a. Zoning Administrator Review. The Zoning Administrator will review an application for a Temporary Use Permit and determine:
(1) Whether the use is allowed in the zoning district. If it is not allowed, the Zoning Administrator will deny the application.
(2) If the use is allowed in the zoning district, the Zoning Administrator will determine whether the proposed use will be served adequately by streets, off-street or on-street parking, police and fire protection, refuse disposal, and other public facilities or if the applicant will provide adequately for such facilities as well as provide for safe vehicular and pedestrian access and egress to the site. The Zoning Administrator will provide comments to the Plan Commission regarding these items, and forward the application to the Plan Commission.
b. Plan Commission Review. The Plan Commission will review the application and determine:
(1) Whether the proposed temporary use will cause undue traffic congestion or draw significant amounts of traffic through residential streets or upon residential property. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets. If that cannot be accomplished, the Plan Commission will deny the application.
(2) Whether the proposed temporary use will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district affected were established. Prior to approving a permit, the Plan Commission must determine that the proposed use will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the aesthetics and character of the area, or the public health, safety, comfort, and general welfare and will not diminish or impair property values within the community or neighborhood.
4. Conditions.
a. If the Plan Commission approves a permit, it may impose such conditions and limitations concerning use, location, maintenance, screening, operation, hours of operation (except as may be allowed by other federal, state, or village requirements), and other matters relating to the purposes and objectives of this chapter upon the premises as the Commission deems necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property and upon public facilities and services, to protect the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the Temporary Use Permit.
b. The Plan Commission may require the applicant to mail or deliver notice of the temporary use to the neighboring property owners prior to the event. The applicant shall provide a copy of the notice, proof that the notice was mailed or delivered, and a list of the persons to whom it was mailed or delivered prior to the temporary use.
c. Violation of any condition, limitation or requirement for notice shall be a violation of this chapter and shall constitute grounds for revocation of the Temporary Use Permit.
5. Effect Of/On Other Permits.
a. The amendment of a Conditional Use Permit or Specific Implementation Plan is not required in order to obtain a Temporary Use Permit.
b The approval and issuance of a Temporary Use Permit does not amend a Conditional Use Permit or Specific Implementation Plan.
c. A Temporary Use Permit is required even when no Conditional Use Permit or Specific Implementation Plan is required under the zoning regulations.
d. When an event that utilizes both public and private land is allowed by the Village Board, no Temporary Use Permit is required.
e. If the terms of a Conditional Use Permit, Specific Implementation Plan or variance existing on the date of the adoption of this Chapter includes the use of the property for the specific temporary uses covered in this section, no new Temporary Use Permit is required under this section. If the CUP, Specific Implementation Plan or variance does not cover the specific temporary use, a Temporary Use Permit is required.
6. Limitations on Temporary Use Permits.
a. Time Limitations. No Temporary Use Permit will be issued for a total of more than 30 days in any one calendar year, except as may otherwise be set forth in the specific regulations for the use or structure set forth in this section.
b. Temporary Use Discontinuance. A Temporary Use Permit shall be deemed to authorize only the particular temporary use for which it was issued. The Permit will automatically expire and cease to be of any force or effect if the use is discontinued.
c. A Temporary Use Permit is effective only for the dates listed in the Permit.
7. Amendments to Temporary Use Permits. Temporary Use Permits may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this section for the original approval of a Temporary Use Permit.
8. Review of Temporary Use Permit. An existing permit may be reviewed by the Village as follows:
a. The Zoning Administrator may review a permit if any of the following determinations are made by the Zoning Administrator:
(1) The temporary use has not continued in conformity with the Village’s conditions of approval of the permit or with any subsequent amendments to the permit.
(2) Violations of other statutes, ordinances, or laws.
(3) A change in the character of the surrounding area or in the temporary use itself which has caused the temporary use to become incompatible with the surrounding uses.
b. The determination of a review of a granted Temporary Use Permit shall be made by the Zoning Administrator after due notice to the property owner, occupant, or agent as indicated on the Temporary Use Permit as to the reason(s) for the review.
c. Upon review of the Temporary Use Permit, the Zoning Administrator may: take no action, revise the Temporary Use Permit, specify additional conditions to be added to the Temporary Use Permit, or may terminate the Temporary Use Permit. The Zoning Administrator will report the review and action to the Plan Commission.
d. If the permit holder is found to be out of compliance with the terms of the permit, or there has been a violation of statutes, ordinances or other laws, the permit holder shall be charged the actual cost of the review.
9. Standards applicable to all temporary uses. The following standards shall apply to all temporary uses unless different standards are provided for the specific use.
a. Trash and debris. All trash and debris shall be removed or contained daily.
b. Written consent is required. Written consent from the owner, or authorized agent, of the property shall be provided in the application for the Temporary Use Permit.
c. Signage. All signage shall be according to the Village of Rochester sign regulations.
d. Removal of materials and equipment. All materials and equipment shall be removed within three days of the end of the use.
10. Detailed standards for specific temporary uses. The following standards shall apply for the temporary use listed.
a. Temporary Fairs and Amusement Parks. All temporary fairs and amusement parks shall be located contiguous to an arterial or collector street.
b. 2 Temporary Outdoor Sales. This land use includes the display of any items outside of the confines of a building that is not otherwise permitted as a permitted or conditional use, or as part of an event utilizing the public right-of-way that is authorized by the Village Board. Examples of this land use include, but are not limited to, seasonal garden shops, tent sales, Christmas tree sales, farmers markets, flea markets, and food stands. Temporary outdoor sales shall adhere to the following regulations:
(1) Location. Material for sale (such as trees, pumpkins, etc.) shall not be located in any right-of-way.
(2) Visibility. The location of materials for sale on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard.
(3) Hours of operation. The sales shall be limited to between the hours of 7:00 a.m. and 9:00 p.m.
(4) The user shall provide a layout of activities as part of the permit application.
c. Garage and yard sales. No Temporary Use Permit is required, provided that garage and yard sales shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m. No more than three rummage sales in one calendar year may be conducted from any premises. Each sale may last no longer than three consecutive days and must be conducted on the seller's property.
d. Preconstruction Sales Offices. Preconstruction sales offices that are stand-alone (not located in a model home or model dwelling unit) used exclusively as sales offices by a builder/developer and to display the builder/developer's product or to display to prospective buyers the builder/developer's features (such as exterior siding treatments, roofing materials, interior trim, moldings, floor coverings, etc.) may be staffed by the builder/developer's sales force and are subject to the following restrictions:
(1) District dimensional requirements to be met. The preconstruction sales office shall meet all district requirements for lot and yard dimensions.
(2) Sign illumination. Signs shall not be illuminated after 9:00 p.m.
(3) Business activity not permitted before 8:00 a.m. or after 9:00 p.m. The preconstruction sales office shall not be used for any business activity before 8:00 a.m. or later than 9:00 p.m.
(4) Screening and trash receptacles. Landscape drawings shall be required and show adequate landscaping and screening from adjoining residential lots or units, with the clear marking of the boundaries of the model home lot or unit. Trash receptacles shall be provided around the model home for use by the public.
(5) Termination of use. The use of a preconstruction sales office within a residential subdivision or condominium development, or within any single phase of a multi-phase subdivision or condominium development, is not subject to the 30 day time limit, but shall terminate when building permits have been issued for 90% of the lots therein, provided however, that the Plan Commission may extend the permit upon application by the builder or developer. The preconstruction sales office shall be removed within 30 days of the termination of the permit.
e. 3 Outdoor concerts and events.
(1) Except as set forth in subsection [2], outdoor concerts and events, including weddings and other celebrations, shall be subject to the conditions imposed by the Plan Commission as necessary for the specific duration and attendance expected at the event.
(2) Private weddings and other private celebrations held on private property used in whole or in part for residential purposes are exempt from the Temporary Use Permit requirements if all amplified music ends by 10:00 p.m. A Temporary Use Permit is required if there will be amplified music after 10:00 p.m.
f. Fireworks possession and sales. This section is enacted pursuant to Wis. Stat. s. 167.10(5), as may be amended from time to time. 3
(1) Definitions. The terms used in this section shall have the meanings indicated in s. 9-8.B. of this Municipal Code.
(2) Regulation of statutory fireworks. No person may possess or store statutory fireworks in the Village except as provided in this Section and Section 9-8 of this Municipal Code, or, if possession, sales or storage is to be a permanent use of land, under the appropriate zoning designation.
(3) Commercial novelty fireworks permit required.
(a) No person may sell, store, or possess novelty fireworks for other than personal use without a permit issued hereunder.
(b) Application. Application for novelty fireworks permits for seasonal sales shall specify the kind and quantity of fireworks that will be possessed and sold, and the dates and location of the sales. The owner or person in authority of the site of the storage and sales shall consent in writing to the use of the site. Applicants must submit a site plan identifying the location of the storage, the sales, and any existing structures on the property and within 100 feet of the property lines.
(c) Review and issuance.
[1] The application shall be reviewed by the Plan Commission and the Fire Chief.
[2] No permits shall be issued to minors.
[3] No permit shall be issued unless the Plan Commission and the Fire Chief determine that the novelty fireworks are stored in a safe and secure trailer and that sales of the novelty fireworks will be made from a temporary shelter or tent in an outdoor area that, in the opinion of the Plan Commission and Fire Chief, will not be hazardous to property or endanger any person or persons. In addition:
[a] The site must be at least 80,000 square feet.
[b] The storage and sales of the novelty fireworks must be at least the minimum distances required by NFPA 1 Chapter 65.
[c] The site must be served by adequate parking, ingress and egress.
(d) No permit shall be issued unless the permittee has and maintains adequate liability insurance with minimum limits of $1,000,000 bodily injury and property damage, combined single limit, naming the Village, its officers, employees and agents as additional insureds. Said insurance shall indemnify and defend the Village, its officers, employees and agents against all claims, liability, loss damages or expenses, whether caused by or contributed to by the negligence of the Village, its officers, employees or agents. Said insurance shall provide that the Village receive written notice 30 days prior to any cancellation, nonrenewal or material change in the policy. Proof of said insurance shall be submitted to the Plan Commission and Fire Chief prior to the issuance of the permit.
(e) No permit shall be issued for the manufacture of novelty fireworks, and no permit shall be issued for the storage of novelty fireworks, except as storage may be necessary to sales permitted hereunder, or except as may be permitted for permanent uses allowed under this Chapter.
(f) A permit for the sales of novelty fireworks issued hereunder shall not be valid for a period of longer than three weeks.
(g) Temporary shelters or tents for the sale of novelty fireworks permitted hereunder may be erected no earlier than June 18 and must be removed no later than July 11. Storage trailers containing novelty fireworks may be placed on the site no earlier than June 15 and must be removed no later than July 11.
(h) No permit shall be issued to any person who, in the previous 18 months, was found guilty of two or more violations of this section.
(i) Permit regulations. The display and sales of permitted novelty fireworks shall conform to the standards set forth in NFPA 1, Chapter 65, Explosives, Fireworks and Model Rocketry, as may be amended from time to time. After the permit is issued, storage, sale and possession for sale shall be lawful for that purpose only. No permit granted hereunder is transferable.
(6) Storage and handling of commercial novelty fireworks.
(a) No person may store or handle commercial novelty fireworks on any premises unless the premises are equipped with fire extinguishers approved by the Fire Chief or Fire Inspector.
(b) No person may smoke where commercial novelty fireworks are stored or handled.
(c) A person who stores or handles commercial novelty fireworks shall immediately notify the Fire Chief or Fire Inspector of the location, description and quantity of the fireworks.
(d) No person may store commercial novelty fireworks closer than the separation distances required in NFPA 1 Chapter 65 to a dwelling.
(e) No person may store commercial novelty fireworks closer than the separation distances required in NFPA 1 Chapter 65 to public assemblages or places where gasoline or volatile liquid is sold in quantities exceeding one gallon.
(7) Parental liability. A parent, foster, or family-operated group home parent or legal guardian of a minor who consents to the presence at a place selling novelty fireworks by the minor who is under the age of 18 years of age is liable for damages caused by the minor's access to the fireworks, and in addition shall be subject to the penalty provided in this Municipal Code.
(8) Inspection, search and seizure of fireworks.
(a) Inspection and search of permitted premises. An applicant for a permit under this chapter thereby consents to the entry of the Fire Chief, Fire Inspectors, Police, or authorized representatives of the Village upon the permitted premises, including but not limited to storage areas, containers and vehicles, at all reasonable hours for the purposes of inspection and search and consents to removal from the premises and introduction into evidence in prosecutions for violations of this chapter of all things found therein in violation of this chapter or state law.
(b) Seizure. The Police or Fire Department shall seize, at the expense of the owner, all statutory or novelty fireworks stored, handled, sold, possessed or used by any person who violates this chapter. Such seized fireworks shall be destroyed after conviction for a violation, or, if storage is deemed to be dangerous, may be destroyed pursuant to statute. Statutory or novelty fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner if they have not been destroyed pursuant to statute.
(9) Emergency revocation of permit or authority to possess, sell or store commercial novelty fireworks. The Fire Chief, Fire Inspectors, and/or Plan Commission may revoke a permit or prohibit or terminate the possession, sale or storage of novelty fireworks when, in the opinion of the Chief and Plan Commission, atmospheric conditions or local circumstances make such possession, sale or storage a fire hazard or other hazard to the safety of the public. During such period of such prohibition, no person may sell novelty fireworks anywhere within the Village. The failure to allow the inspection and/or search of a permitted premises pursuant to this section shall be grounds for the immediate revocation of the permit. The presence of statutory fireworks on premises permitted for commercial novelty fireworks shall be grounds for the immediate revocation of a permit. The Fire Chief, Fire Inspectors and/or Plan Commission may reinstate a permit upon the permittee's compliance with this chapter.
(10) Violations and penalties.
(a) See Wis. Stat. s. 167.10(9)(b), which provides that a penalty for violation of an ordinance adopted pursuant to Wis. Stat. s. 167.10(5) may not exceed $1,000. The penalties for violation of this Section shall be set forth in the Village Deposit Schedule and shall not exceed $1000 per violation.
(b) In addition to the penalties found elsewhere in this Chapter, any violation of this section shall also constitute a public nuisance which may be enjoined in a civil action in addition to prosecution therefore.
11. Temporary Structures. The following temporary structures may be permitted as specified:
a. Construction trailers as temporary offices. A licensed contractor engaged in a construction project for which a building permit has been issued or is otherwise authorized by the Village may temporarily use a construction trailer for office facilities in the location where the work is being done for the duration of the construction, provided that the construction trailer is placed on the property on which the construction is authorized, is not placed more than 15 days prior to the commencement of the work, and is removed within 15 days after completion of the work. No Temporary Use Permit is required.
b. Fireworks stands. See s. 35-10.G.10.f., above.
c. Temporary Storage Containers. These containers are portable storage containers designed and used primarily for the temporary storage of household goods and other such materials for use on a limited basis. Temporary storage containers that adhere to the following regulations and meet the requirements of subsection (2) below shall not require a Temporary Use Permit. All temporary storage containers that do not meet these requirements must obtain a Temporary Use Permit.
(1) The container shall not exceed outside dimensions of 20 feet in length, ten feet in width, and nine feet in height.
(2) The container shall be permitted on the property for up to 14 days associated with each change of occupancy as defined by a recorded change in property ownership or valid lease.
(3) The container cannot encroach on the public right-of-way, neighboring property, sidewalk, or be placed in the street.
(4) This section does not apply to a temporary storage container to be placed in public right- of-way. Placement of a temporary storage container or dumpster in the right-of way requires a permit from the Public Works Manager.
d. Temporary Construction Storage. Temporary construction storage includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project. Temporary construction storage, including dumpsters, may be used for the duration of the project subject to the following regulations:
(1) The structure shall be removed within 10 days of issuance of an occupancy permit.
(2) Projects requiring the structure to be in place for more than 365 days shall require a conditional use permit. Said time limit may be extended with Village Board approval.
(3) The structure shall be limited to a maximum area not exceeding 10 percent of the property’s gross site area.
(4) This section does not apply to temporary construction storage or dumpsters to be placed in public right-of-way. Placement in the right-of way requires a permit from the Public Works Manager.
e. Relocatable Buildings. A relocatable building includes but is not limited to any manufactured building, shed or other rigid structure that is not permanently attached to a foundation, that can be or is used for the storage of personal property or equipment of any kind, and that is located outside of an enclosed building. When used in conjunction with a Temporary Use Permit, no separate permit is required. When used as part of the permanent use of the property, relocatable buildings are considered accessory structures that must meet the requirements of this Municipal Code for accessory structures and do not require a Temporary Use Permit. Relocatable buildings larger than 200 square feet in area require Building Permits under Chapter 11 of this Municipal Code.
f. Tents, Canopies or Other Flexible Structures.
(1) A tent, canopy or other flexible or semi-flexible structure associated with a permitted temporary use is allowed for the time period for the temporary use if it is incidental to the permitted temporary use and was approved as part of the application. It shall not be located in the vision clearance triangle.
(2) Tents used for temporary recreational purposes in residential zoning districts shall not be regulated when they are incidental to the residential use and are placed in the side or rear yard.
(3) Tents, canopies and other flexible or semi-flexible structures shall not be used for storage of any kind in any zoning district.
H. Livestock. No livestock, sheep, poultry, or swine shall be kept, raised or bred in any district that does not specifically allow livestock.
I. Parking.
1. Parking of vehicles accessory to a residential use shall be limited to vehicles actually used by the residents or for temporary parking for guests. Vans or pickup trucks used for private and recreational use, or a motor home (recreational vehicle), or a van or pickup truck used in a business or trade, and a commercial vehicle per subsection 2. used for transportation to and from a place of employment or workplace of the occupant may be parked on a residential property.
2. One commercial vehicle of not over one-ton rated capacity may be parked per residential dwelling unit, providing all of the following conditions are met: the vehicle is registered and licensed; used by a resident of the premises; gross weight does not exceed 10,000 pounds, including any load; height does not exceed nine feet as measured from ground level, including any load, bed, or box; and total vehicle length does not exceed 26 feet, including attachments thereto (such as plows, trailers, etc).
3. Recreational vehicles shall be parked in the rear or side yards only or in compliance with the same setbacks allowed for accessory uses and structures. Recreational vehicles must maintain a minimum of a six-foot setback from the rear and side lot lines, but are not restricted to a minimum setback to the principal structure. For the purpose of this section, recreational vehicles shall include boats and trailers, snowmobiles and their trailers, mini-bikes or trail bikes and their trailers, and unoccupied tent campers, motor homes and travel trailers, all-terrain vehicles and personal watercraft and their trailers.
4. No other vehicular equipment of a commercial or industrial nature, except as stated above, shall be parked or stored for more than two consecutive hours and four accumulated hours during any 24-hour period on any lot in any zoning district except business and industrial districts or as permitted by conditional use in the A-2 district.
5. Outdoor parking of semi-tractors/trailers on commercial property (B-districts), that is not a principal use (e.g., truck sales), an accessory use (e.g., delivery vehicles), or which has not been approved through the conditional use or site plan review process is prohibited.
6. Agricultural equipment (such as farm tractors, plows, farm plows, seeders, combines, cultivators, trucks owned and used by the farmer in the operation of the farm, etc.) used in a farm operation are permitted in all agricultural districts.
J. Home Occupations.
1. It is the intent of this section to regulate the operation of home occupations so that the average neighbor, under normal circumstances, will not be aware of their existence other than for a permitted sign. A permit is required for a home occupation.
2. A home occupation is any gainful occupation or profession engaged in by an occupant of a dwelling unit which meets the following criteria:
a. The occupation must be clearly incidental to the use of the dwelling unit as a residence, with one-half or less of any floor being used for the home occupation.
b. No outdoor display or storage of materials, goods, supplies or equipment used in the home occupation shall be permitted on the premises.
c. There shall be no visible evidence that a home occupation is being operated in the residence, except for the permitted sign, one non-illuminated nameplate (name, address and type of home occupation) not to exceed two square feet in area either mounted flat on the dwelling or a yard light post or signpost set back a minimum of five feet from the street right-of-way line.
d. A maximum of two persons other than members of the immediate family residing in the dwelling may be employed in the dwelling unit at any given time. The applicant for a home occupation permit must reside at the location of the proposed home occupation.
e. Except for indoor storage of materials not exceeding 200 square feet in area, no activity related to a home occupation shall be conducted outside or in any detached structure or in any attached garage.
f. No stock in trade shall be displayed or sold upon the premises.
g. A home occupation shall not generate noise, vibration, glare, odors, fumes, or hazards detectable to the normal senses off the property.
h. No toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted materials shall be used or stored on the site for home occupation purposes.
i. The use shall not require more than two additional off-street parking spaces for clients or customers.
j. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises, or interferes in any way with telephone or computer communications.
3. Permits granted under this section shall be temporary in nature (they do not run with the land) and shall be granted to a designated person who resides at a specific residential address. Tenants must provide written evidence of the property owner's approval prior to issuance of a permit. The permits are not transferable from person to person, or from address to address.
K. Conditional Uses.
1. Conditional uses and their accessory uses are considered as special uses which require approval and a public hearing if there is approval all in accordance with Section 35-100 of this Chapter.
2. Any development within 50 feet of any existing or mapped state trunk highway or county trunk highway or within 150 feet of an existing or mapped centerline of an intersection with any other road shall be deemed to be a conditional use. Such development shall be specifically reviewed in accordance with Section 35-100 of this Chapter.
3. Unless otherwise provided in the permit, a conditional use permit shall have an indeterminate duration provided that the use for which it was obtained has commenced as required and continues without abandonment as provided in Section 35-100 in accordance with its terms, and a conditional use permit shall be transferable with the land, provided that the use for which it was obtained does not change.
L. Performance Standards. Performance standards listed in Section 35-250 shall be complied with by all uses in all districts.
M. Semi-flexible canopy structures are permitted as permanent accessory structure in agricultural zoning districts and used for agricultural purposes; located on a parcel of land greater than 10 acres (excluding public or private road right-of-way) in size; and complies with the State of Wisconsin Uniform Dwelling Code and the Village of Rochester Building Code, and are otherwise prohibited.
(Ord. 2019-1, passed 4-8-2019; Ord. 2022-2, passed 6-6-2022; Ord. 2023-1, passed 3-13-2023; Ord. 2023-5, passed 4-10-2023; Ord. 223-6, passed 4-10-2023)
Notes
| 2 | 2 Amended 8-6-18, Ordinance #2018-5 |
| 3 | 3 Amended 8-6-18, Ordinance #2018-5 |
| 3 | 4 Ordinance #2016-4 Adopted May 9, 2016 |