Chapter 21 Zoning Code

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        CHAPTER 21

 

 

 

        ZONING

 

        CODE

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

CHAPTER 21

ZONING CODE

 

TABLE OF CONTENTS

 

Section                        Title                                                                                                    Page

 

PART "A" - GENERAL INFORMATION

 

21.01                           INTRODUCTION                                                                                                   

(1)                    Authority                                                                                            1

            (2)                    Title                                                                                                     1         

            (3)                    General Purpose                                                                                  1

            (4)                    Intent and Purposes                                                                            1

            (5)                    Abrogation and Greater Restrictions                                                  3

            (6)                    Interpretation                                                                                      3         

            (7)                    Severability and Non-Liability                                                           3

            (8)                    Repeal and Effective Date                                                                 3

 

21.02                           GENERAL PROVISIONS                                                             

            (1)                    Control Over Use                                                                                5                      (2)                    Control Over Site                                                                                6

            (3)                    Control Over Bulk                                                                              8

            (4)                    Control Over Corner-Lot Sight Lines                                                12

            (5)                    Regulations Governing Airports and Their Surroundings                  12       

            (6)                    Mobile Homes, Trailers, Boats, Snowmobiles, Semis, Buses12

            (7)                    Sewerage and Water Systems                                                             13

            (8)                    Floodplain Requirements                                                                    14

            (9)                    Exemption for Public Utilities                                                            14

            (10)                  Storage of Junk, Refuse, and Disabled or Damaged                          14

                                    Motor Vehicles                                                                                  

 

21.03                           ZONING DISTRICTS AND DISTRICT MAP

            (1)                    Establishment of Districts                                                                   17

            (2)                    Annexed Land                                                                                                17

            (3)                    Vacation of Streets                                                                             17

            (4)                    Zoning Map                                                                                        17

            (5)                    Rules for Interpretation of District Boundaries                                  18

            (6)                    Lot in Two or More Districts                                                              18

 

 

 

PART "B" – ZONING DISTRICT REGULATIONS

 

21.04                           CONSERVANCY AND AGRICULTURAL DISTRICTS                   

            (1)                    Intent                                                                                                  21                    (2)                    Single-Family Detached Dwellings                                                    22

            (3)                    Open Space and Conservation Uses and Public Utilities                   22

            (4)                    Amendments to Shoreland District                                                    22

           

21.041                         SHORELAND – WETLAND DISTRICT

            (1)                    Statutory Authorization, Findings of Fact, Statement of

Purpose and Title                                                                                25

            (2)                    General Provisions                                                                              25

            (3)                    (S)-Shoreland-Wetland Zoning District                                             27

            (4)                    Nonconforming Structures and Uses                                                  32

            (5)                    Administrative Provisions                                                                   32

            (6)                    Amending Shoreland-Wetland Zoning Regulations                          36

            (7)                    Enforcement and Penalties                                                                 38

            (8)                    Definitions                                                                                          38

            (9)                    Schedule 21.041-A Land Uses or Activities in

                                    Shoreland, Conservancy, and Agricultural Districts                          42

 

21.05                           RESIDENTIAL DISTRICTS                                                        

            (1)                    Intent                                                                                                  43

            (2)                    General Provisions                                                                              44

            (3)                    Special Conditions for Certain Land Uses or Activities                   

                                    In Residential Districts                                                                       46       

            (4)                    Schedule 21.05-A Land Uses or Activities                                        51

            (5)                    Schedule 21.05-B Bulk Requirements in Residential Districts          55

                                               

21.06                           BUSINESS DISTRICTS                                                                            

            (1)                    Intent                                                                                                  57

            (2)                    General Provisions                                                                              57

            (3)                    Special Conditions for Certain Land Uses or Activities                    59

                                    In Business Districts                                                              

            (4)                    Design Standards for Land Uses in (B-2) Business District              62

            (5)                    Schedule 21.06-A Land Uses or Activities in            Business Districts       65       

            (6)                    Schedule 21.06-B Bulk Requirements in Business Districts              69

 

21.07                           INDUSTRIAL DISTRICTS

            (1)                    Intent                                                                                                  71

            (2)                    General Provisions                                                                              71

            (3)                    Special Conditions for Certain Land Uses or Activities                    73

                                    in Industrial Districts 

            (4)                    Schedule 21.07-A Land Uses or Activities in            Industrial Districts     76       

            (5)                    Schedule 21.07-B Bulk Requirements in Industrial Districts             79

 

21.071                         BUSINESS PARK DISTRICT

            (1)                    Intent                                                                                                  81

            (2)                    General Provisions                                                                              81

            (3)                    Special Conditions for Certain Land Uses or Activities in

                                    Business Park Districts                                                                       82

            (5)                    Schedule 21.071-A Land Uses or Activities                                      85

            (6)                    Schedule 21.071-B Bulk Requirements                                              89

 

21.08                           OFFICE/INSTITUTIONAL DISTRICT                                                 

            (1)                    Intent                                                                                                  91

            (2)                    General Provisions                                                                              91                    (3)                    Special Conditions for Certain Land Uses or Activities

                                    in Office/Institutional District                                                                        92       

            (4)                    Schedule 21.08-A Land Uses or Activities in           

                                    Office/Institutional District                                                                95

 

21.09                           MOBILE HOME DISTRICT                                                                    

            (1)                    Intent                                                                                                  97

            (2)                    Permitted Uses                                                                                    97

            (3)                    General Provisions                                                                              97       

            (4)                    Declaration of Restrictions/Restrictive Covenants                             103

            (5)                    Detailed Site Plans and Information Required                                   103

            (6)                    Management                                                                                       104

            (7)                    Licenses                                                                                              105

            (8)                    Definitions                                                                                          106

 

21.10                           PLANNED UNIT DEVELOPMENT DISTRICT                      

            (1)                    Purpose of the Planned Unit Development District                           109

            (2)                    Types of Planned Unit Developments                                                109

            (3)                    Permitted Uses                                                                                    109

            (4)                    Special Uses                                                                                        109

            (5)                    District Standards                                                                               109

            (6)                    Preliminary Development Plan Application                                        111

            (7)                    Procedure for Review of a Preliminary Planned Unit Development  112     

            (8)                    Environmental Review and Design Standards                                   113

            (9)                    Action by the Village Board on the Preliminary

                                    Development Plan Application (PDPA)                                             115     

            (10)                  Application for Final Development Plan Approval                            115

            (11)                  Final Development Plan Approval                                                      115

            (12)                  Basis for Approval of the Final Development Plan                            116

            (13)                  Filing of Final Development Plan                                                       118

            (14)                  Official Map Designation                                                                   118

            (15)                  Final Development Plan Changes                                                       119

            (16)                  Termination of Final Development Plan Approval                             119

            (17)                  Extended Staged Planned Unit Development                                               119

            (18)                  Building Permit Approval                                                                   119

 

PART "C" - SUPPLEMENTARY REGULATIONS

 

21.11                           SPECIAL USE PERMITS                                                             

            (1)                    Statement of Purpose - Special                                                           121

            (2)                    Authority of the Plan Commission and Village Board;

                                    Requirements                                                                                      121     

            (3)                    Initiation of Special Use                                                                     122

            (4)                    Application for Special Use Permit                                                    122

            (5)                    Hearing on Application                                                                       122

            (6)                    Notice of Hearing on Application                                                      123

            (7)                    Standards for Special Use Permits                                                     123

            (8)                    Denial of Application for Special Use Permit                                    124

            (9)                    Conditions and Guarantees                                                                125

            (10)                  Validity of Special Use Permit                                                           126

            (11)                  Complaints Regarding Special Use Permits                                       127

            (12)                  Specific Requirements for Certain Land Uses and Activities            127

 

21.12                           ACCESSORY USES AND STRUCTURES                                            

            (1)                    General                                                                                                139

            (2)                    Satellite Earth Station (Satellite Dish)                                                145     

            (3)                    Central Air-Conditioning Equipment                                                 146

            (4)                    Outside Storage – General                                                                  148     

            (5)                    Outside Storage of Firewood                                                             148

            (6)                    Fences and Hedges                                                                             149

            (7)                    Swimming Pools                                                                                 153

            (8)                    Antennas and Towers                                                                         156

           

21.13                           TRAFFIC VISIBILITY, PARKING, AND LOADING            

            (1)                    Vision Clearance Triangle                                                                   161

            (2)                    Highway Access                                                                                 161

            (3)                    General Parking and Loading Regulations                                         161

            (4)                    Off-Street Parking                                                                              163

            (5)                    Off-Street Loading                                                                             165

            (6)                    Schedule 21.13 Minimum Off-Street Parking Requirements            168     

            (7)                    Remarks for Schedule 21.13                                                               170

 

21.14                           SIGNS AND BILLBOARDS                                                         

            (1)                    Purpose                                                                                               171

            (2)                    General Provisions                                                                              171                  (3)                    Special Signs and Devices                                                                  173     

            (4)                    Prohibited Signs                                                                                  176

            (5)                    Special Sign District                                                                           176

            (6)                    Construction and Maintenance                                                           177

            (7)                    Revocation                                                                                          178

            (8)                    Schedule 21.14-A Design Standards and Specifications for Signs    179

 

21.15                           PERFORMANCE STANDARDS  – INDUSTRIAL DEVELOPMENTS

            (1)                    Intent                                                                                                  181

            (2)                    Noise                                                                                                   181

            (3)                    Vibration                                                                                             181

            (4)                    External Lighting                                                                                181

            (5)                    Odor                                                                                                    181

            (6)                    Particulate Emissions                                                                          181

            (7)                    Visible Emissions                                                                                182      (8)                    Hazardous Pollutants                                                                          182

 

21.16                           NONCONFORMING BUILDINGS, STRUCTURES, AND USES     

            (1)                    Intent                                                                                                  183

            (2)                    Authority to Continue Existing Nonconforming Buildings,

Structures, and Uses                                                                           183     

            (3)                    Moving of a Nonconforming Building or Structure                           183

            (4)                    Restoration of Damaged Nonconforming Buildings or Structures    184

            (5)                    Discontinuance of Use of Nonconforming Building or Structure      184

            (6)                    Change of Use in Nonconforming Building or Structure                   184

            (7)                    Nonconforming Use of Land                                                             184

            (8)                    Signs and Billboards                                                                           185

 

                                    PART "D" - ADMINISTRATION AND ENFORCEMENT

 

21.17                           GENERAL ADMINISTRATIVE SYSTEM                               

            (1)                    Intent                                                                                                  187

            (2)                    Zoning Administrator                                                                         187

            (3)                    Role of Specific Village Officials in Zoning Administration             189

            (4)                    Certification of Compliance                                                               189

            (5)                    Plan Review and Approval                                                                 190

            (6)                    Occupancy Permit                                                                               195

 

21.18                           SPECIAL EXCEPTIONS                                                              

            (1)                    General                                                                                                197

            (2)                    Procedure                                                                                            197     

            (3)                    Public Hearing                                                                                    197

            (4)                    Findings                                                                                              197

            (5)                    Conditions and Safeguards                                                                198

            (6)                    Plan Commission Recommendation                                                   198     

            (7)                    Village Board Approval                                                                      198

            (8)                    Fees                                                                                                     198

 

 

 

 

21.19                           BOARD OF APPEALS                                                                              

            (1)                    Establishment of Board                                                                      201

            (2)                    Membership and Terms of Office                                                       201

            (3)                    Procedures, Meetings, Records and Decisions                                   201

            (4)                    Jurisdiction                                                                                          202

            (5)                    General Powers                                                                                   203     

            (6)                    Application Procedures                                                                       203

            (7)                    Appeals from Administrative Decisions                                             204

            (8)                    Appeals for a Variance                                                                       205

            (9)                    Appeals for Interpretations                                                                 206

            (10)                  Public Hearings                                                                                   206

            (11)                  Appeal of Board of Appeals Decisions                                              207

 

21.20                           AMENDMENTS                                                                 

            (1)                    Power of Amendments                                                                       209

            (2)                    Initiation                                                                                             209

            (3)                    Procedures                                                                                          209

            (4)                    Public Hearing and Notice                                                                  209

            (5)                    Final Approval                                                                                    209

 

21.21                           ENFORCEMENT, REMEDIES, PENALTIES                                      

            (1)                    Enforcement                                                                                       211

            (2)                    Remedies                                                                                            211

            (3)                    Razing, Removal, Demolition Orders                                                 211

(4)                    Penalties                                                                                              211

 

                                    PART "E" - DEFINITIONS

 

21.22                           DEFINITIONS                                                                    

            (1)                    Application                                                                                         213

            (2)                    Rules                                                                                                   213

            (3)                    Definitions                                                                                          213

 

HISTORY OF MODIFICATION                                                                                         233

 

 

 

 

 

 

 

 

 

 

 

 


 

PART "A"

 

GENERAL INFORMATION

 

SECTION 21.01        INTRODUCTION

 

(1)        Authority.

 

This Chapter is adopted under the authority granted by Sections 61.35, 61.351, and 87.30 of the Wisconsin Statutes and amendments thereto.

 

            State Law Reference:  Sections 61.35 and 61.351, Wis. Stats.

 

(2)        Title.

 

This Chapter shall be known as, referred to and cited as the "Zoning Code, Village of North Fond du Lac" and is hereinafter referred to as the "Code" or "Chapter."

 

(3)        General Purpose.

 

The purpose of this Chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the Village of North Fond du Lac.

 

(4)        Intent and Purposes.

 

The general intent and purposes in view of this Chapter are to regulate and restrict the use of all structures, lands and waters and to:

 

(a)        Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people;

 

(b)        Divide the Village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;

 

(c)        Protect the character and the stability of the residential, business, manufacturing and other districts within the Village and to promote the orderly and beneficial development thereof;

 

(d)       Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage;

 

(e)        Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements;

 

(f)        Promote the development of a well-balanced diversity of housing types and densities;

 

(g)        Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways;

 

(h)        Secure safety from fire, panic, flooding, pollution, contamination and other dangers;

 

(i)         Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the Village;

 

(j)         Preserve and protect the beauty of the Village of North Fond du Lac;

 

(k)        To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

 

(l)         To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;

 

(m)       Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters;

 

(n)        Further the maintenance of safe and healthy water conditions;

 

(o)        Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;

 

(p)        Provide for and protect a variety of suitable commercial and industrial sites;

 

(q)        Protect the traffic-carrying capacity of existing and proposed arterial streets and highways;

 

(r)        Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the Village;

 

(s)        Provide for the administration and enforcement of this Chapter; and to provide penalties for the violation of this Chapter.

 

 

 

(5)        Abrogation and Greater Restrictions.

 

It is not intended by this Chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law.  However, whenever this Chapter imposes greater restrictions, the provisions of this Chapter shall govern.

 

(6)        Interpretation.

 

In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be construed to be a limitation or repeal of any other power now possessed by the Village.

 

(7)        Severability and Non-Liability.

 

(a)        If any section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.

 

(b)        If any application of this Chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgement shall not be applicable to any other structure, land or water not specifically included in said judgement.

 

(c)        The Village does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Village, its agencies or employees for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this Chapter.

 

(8)        Repeal and Effective Date.

 

All other ordinances or parts of ordinances of the Village inconsistent or conflicting with this Chapter, to the extent of the inconsistency or conflict only, are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(for future use)

SECTION 21.02        GENERAL PROVISIONS

 

(1)        Control Over Use.

 

(a)        NEW USES.

 

Any use of a building, structure or lot established after the effective date of this Ordinance, or any amendment thereto, shall be for a use which is set forth in this Ordinance as a permitted use, or a use permitted with special conditions attached, or a use permitted by a special use permit, and shall comply with the regulations applicable to the district in which such building, structure or lot is located.

 

(b)        EXISTING USES OR BUILDING PERMITS.

 

1.         Where a building permit for a building or structure has been duly issued prior to the effective date of this Ordinance, and where construction has been begun within six (6) months of such effective date of such permit and is being prosecuted to completion, said building or structure may be completed in accordance with the approved plans, and further, may, upon completion, be occupied under a certificate of occupancy for the use originally designated when construction is completed according to approved plans.

 

2.         Where the use of a structure or the use of land existing at the time of the adoption of this Ordinance is made nonconforming by the provisions of this Ordinance, the provisions of Section 21.16 shall apply to such use.

 

3.         Where the use of a building, structure or lot lawfully exists on the effective date of this Ordinance, or any amendment thereto, and is classified by this Ordinance as a use permitted by special use permit in the district where it is located, such use shall be continued as a lawful special use.  Any expansion or major alteration of such legally preexisting special use shall require a special use permit issued in accordance with the provisions of Section 21.11 of this Ordinance.

 

(c)        SPECIAL USES.

 

1.         To provide for the location of special classes of uses which are deemed desirable for the public welfare within a given district or districts, but which are potentially incompatible with typical uses specified as permitted uses in the various schedules of this Ordinance, a classification of special uses is hereby established and specific special uses are listed in the various schedules.

 

2.         An application for a special use permit shall be processed in accordance with the procedures set forth in Section 21.11 of this Ordinance.  The Village Board may thereafter grant a special use permit when the proposed use is in accordance with such statutory requirements and in compliance with regulations herein set forth in Section 21.11 and additional regulations that the Village Board considers necessary to protect the public health, safety and welfare.

 

3.         Development plans and specifications shall be submitted in accordance with the provisions for site plan review.

 

(2)        Control Over Site.

 

(a)        STREET FRONTAGE.  To be buildable, a lot shall comply with the frontage requirements of the zoning district in which it is located.

 

(b)        PRINCIPAL STRUCTURES.  All principal structures shall be located on a lot.  Only one (1) principal structure shall be located, erected or moved onto a lot.  The Plan  Commission may permit as a special use more than one (1) principal structure per lot in any district where more than one (1) such structure is needed for the orderly development of the parcel.  Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.

 

(c)        DEDICATED STREET.  Building permits shall only be issued for a lot which abuts a public street dedicated to its proposed width.  Exceptions may be made in the following circumstances:

 

                        1.         A dedicated access easement is provided;

 

2.         The lot is legally combined under common ownership with another lot that does abut a public street dedicated to its proposed width.

 

(d)       LOTS ABUTTING MORE RESTRICTIVE DISTRICTS.  Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district.  The street yard setbacks in the less restrictive district shall be modified for a distance of not less than sixty (60) feet from the more restrictive district boundary line so such street yard setbacks shall be not less than the average of the street yards required in both districts.

 

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

 

(f)        PRESERVATION OF TOPOGRAPHY.  In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than one and one-half (1½) horizontal to one (1) vertical, within a distance of twenty (20) feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Director of Public Works, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property.  In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

 

(g)        DECKS. 

 

1.         DEFINITIONS

 

a.         Deck:  An unenclosed exterior structure, attached or adjacent to the exterior wall of a building, which has a floor, but no roof.

 

b.         Attached Deck:  Any deck that is physically connected to the principal building or accessory structure.

           

c.         Detached Deck:  Any deck that is not physically attached to the principal building or accessory structure and is not more than 24 inches above the ground elevation adjacent to the deck as determined by the Building/Zoning Inspector.

 

d.         Swimming Pool Decks:  Any deck that serves a swimming pool.  Refer to the Section 21.12(7) for swimming pool structure information.

 

                        2.         SETBACK REQUIREMENTS

 

a.         Attached Deck

 

R1       R2       R3       R4       R5       R6       R7       R8

Front Yard      30        25        25        25        25        25        30        25

Side Yard        12 ½    10        6          6          6         12 ½    15        6

Rear Yard       15        15        15        15        15        20        50        15

 

• Corner lots will have the front yard set back applied to the side yard adjacent to the street.

• All areas zoned B1 (Business District), B2 (Business District),O (Office), BP (Business Park),  I1 (Industrial), I2 (Industrial), MH (Mobile Home District), PUD (Planned Unit Development and C (Conservancy) will be reviewed using the bulk requirements listing in their specific zoning section.

 

b.         Detached Deck.

 

R1       R2       R3       R4       R5       R6       R7       R8

Front Yard      Not Allowed in the Front Yard Set Back Area.

Side Yard        12 ½    10        6          6          6         12 ½    15        6

Rear Yard       15        15        15        15        15        20        50        15

 

• Corner lots will not have decks located in the front yard setback area.  The front yard setback   area will apply to all street sides of the lot.

 

• All areas zoned B1 (Business District), B2 (Business District), O (Office), BP (Business Park), I1 (Industrial), I2 (Industrial), MH (Mobile Home District), PUD (Planned Unit Development and C (Conservancy) will be require at least a 20 foot rear setback and must comply with all other bulk requirements of the zoning district.

 

• Any detached deck elevated more than 24 inches off will require plan commission approval. 

 

c.         Swimming Pool Deck.  No part of the swimming pool deck shall be closer than ten (10) feet from any side or rear lot line or closer than the front setback line of the main building.  Refer to the Section 21.12(7) for swimming pool structure information.

 

(3)        Control Over Bulk.

 

(a)        NEW STRUCTURES.

 

New structures shall conform with the bulk requirements established herein for the district in which each such structure is located.

 

(b)        EXISTING STRUCTURES.

 

Existing structures shall not be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict or further conflict with the bulk regulations of this Ordinance for the district in which such structures are located, except under those conditions when conversion is permitted by this Ordinance.

 

(c)        EXISTING RESIDENTIAL LOT OF RECORD.

 

A lot of record at the time of the adoption of this Ordinance, which lot is in a residential district and does not meet the requirements of this Ordinance as to area or width, may be used for a single-family detached dwelling provided it shall meet all other applicable requirements of this Ordinance and the following additional requirements.

 

1.         The applicant shall furnish with the application for a building permit a drawing to scale showing the lot upon which he proposes to erect a single-family detached dwelling and also showing the lots on either side of the said lot with all improvements thereon and widths of adjoining side yards and any projections of buildings or structures therein duly plotted on said drawing.  The applicant shall, by affidavit, certify that he is not, and has not been at any time since the effective date of this Ordinance, the owner of any interest, direct or indirect, in a contiguous lot or lots.

 

2.         The Zoning Administrator shall issue a permit for erecting a single-family detached dwelling on the subject lot upon compliance with all other applicable provisions of this Ordinance.

 

(d)       HEIGHT OF STRUCTURE.

 

1.         No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the structure is located, except as noted below.

 

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

 

b.         Special structures, such as elevator penthouses, gas tanks, grain elevators, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, water storage towers or tanks, fire towers, substations, smoke stacks and flag poles are exempt from the height limitations of this Chapter.

 

c.         Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this Chapter.

 

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

 

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

 

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

 

2.         The grade from which structure height is measured shall be the existing or established grade at the building setback line midway between the side lot lines.  Where the buildable area has a slope between any two (2) corners, the grade from which the building height is measured shall be at the uphill building line midway between the side lot lines.

 

(e)        TWO OR MORE USES ON ONE LOT.

 

When two (2) or more permitted or special uses are provided in the same building or on the same lot the required minimum lot area, setback and yard requirements shall be the largest which would be required for any of the uses individually.  Minimum off-street parking requirements shall be the total of that required for each use on the lot.

 

(f)        LOT DIVISION.

 

No lot shall hereafter be divided into two or more lots for the purpose of transfer of ownership unless all lots resulting from each such division shall have lot areas and widths as required in this Ordinance, have complied with the subdivision control ordinance, and have paid a public site fee in accordance with Section 8.96.

 

(g)        YARDS AND OPEN SPACE.

 

1.         All yards and open space required by this ordinance shall be located on the same lot as the principal structure or use and shall not be less than the minimum specified for the district and the applicable schedule of bulk requirements, unless a special exception has been granted by the Board of Appeals or the provisions of Section 21.02 (3)(i) or 21.12 are applicable.

 

2.         No yard shall be less than the minimum specified in the application schedule of bulk requirements, unless a variance has been granted by the Board of Appeals, except that side and rear yard setbacks may conform with existing conditions.

 

3.         Except as may be otherwise provided for in Section 21.16 of this ordinance, no yard allocated to a building, structure or use existing on the effective date of this Ordinance shall be subsequently reduced so as to be less than the applicable yard requirements of this Ordinance.  When a structure existing on the effective date of this Ordinance extends into a yard which adjoins a street, the setback line established by such structure may be extended provided that on a corner lot, no such extension is closer than twenty (20) feet from the intersection of the rights-of-way lines of the intersecting streets.  No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

 

(h)        THROUGH LOTS.

 

On through lots both street right-of-way lines shall be front lot lines and front yard setbacks shall apply.  For purposes of siting accessory buildings and other yard obstructions the requirements for rear yards may be applied to one front yard area, as determined by the Board of Appeals, in each individual case.

 

(i)         FRONT YARD SETBACK.

 

Where at least forty percent (40%) of the lots fronting on a street within a block have established front yard building setbacks which are less than required by this Ordinance for the zoning district in which such lots are located, the minimum setback requirement for new development in such block shall be no less than the front yard depth of the lot which has the least degree of nonconformity.  In cases where established front yard setbacks are less than required by this ordinance, the minimum required setback shall be the average of the nearest adjacent nonconforming setbacks.

           

(j)         SCREENS AND BUFFERS.

 

1.         Required Screens and Buffers.  Where screens or buffers are required by this Chapter or the Plan Commission to reduce the impact of proposed uses on adjacent properties, the following standards shall be followed.  Buffer yards and screens may be required jointly or separately.

 

2.         Buffer Yards.  Buffer yards are horizontal separations along lot lines that are intended to increase the physical separation between incompatible uses.  The width of the required buffer yard shall be determined by the Plan Commission or Zoning Administrator.  The minimum width shall be ten (10) feet.

 

3.         Screens.  Screens are barriers located in a limited space of ten (10) feet or less intended to perform a buffering effect, particularly for noise reduction or visual screening.  Screens may consist of existing or planted vegetation, fences, walls, earth berms or similar techniques.  Plant screens shall be sufficient to provide a year-round screen within three (3) years of installation.  Walls or earth berms shall be required where noise reduction is necessary.  Screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six (6) months.

 

(4)        Control Over Corner-Lot Sight Lines.

 

(a)        At all street intersections where there is no traffic light control, no obstruction of vision shall be erected, installed, planted, parked or otherwise placed on any lot between two-and-one-half (2.5) and ten (10) feet above the grade of the sidewalk adjacent to such streets and within the vision clearance triangle as defined in Section 21.13 of this Ordinance.

 

(b)        Allowable installations within the vision clearance triangle are:  utility and street light poles when no safer alternative is available; trees with growth characteristics which develop no significant foliage which will obstruct view in the vision clearance area; official signs and signals; signs in accordance with Section 21.14; and on street parking when traffic controls exist which permit decreased sight lines.

 

(5)        Regulations Governing Airports and Their Surroundings.

 

Airports and their surroundings are subject to the rules and regulations of the Wisconsin State Aeronautics Commission and where property within the Village is located within an area which has an officially approved approach plan, the height limitations of the approach plan shall, if more restrictive than those contained in this Ordinance, take precedence.

 

(6)        Mobile Homes, Trailers, Boats, Snowmobiles, Semis, Buses.

 

(a)        Except as otherwise set forth in this section, mobile homes, travel trailers or camping trailers shall not be occupied for dwelling purposes except in a lawfully established mobile home park or tourist camp.  No more than one camping trailer, travel trailer or motor home may be parked or stored in the open on a lot in a residence district and then only at the side or rear of the principal building.

 

(b)        Trailers shall not be permanently affixed to the ground as a principal or accessory structure on a lot in any district except that a business trailer meeting the requirements of the building code may be permitted by special permit.

 

(c)        Temporary parking and use of a mobile home or trailer shall be permitted when a temporary permit has been issued by the Zoning Administrator for the following purposes:

 

1.         Use for temporary lodging on a lot containing a dwelling, provided such mobile home is not parked or used thereon for more than four days in any consecutive 30-day period.

 

2.         Use for a temporary office or for storage incidental to and only for the period of construction of a building development provided such mobile home or trailer is located on the same or contiguous lot as said building development and moved promptly at the end of construction or upon notice by the Zoning Administrator.

 

3.         Use as an interim dwelling during construction of a permanent residence or in the event a permanent residence has been damaged or destroyed.          

 

Any temporary permit issued under the provisions of this section shall expire in twelve (12) months from the date of issuance but may be extended for up to twelve (12) additional months, for cause, by the Zoning Administrator.

           

The request for extension must be made in writing and state the causes that require an extension; the Zoning Administrator's approval of the extension must also be made in writing.

 

(d)       Tents shall not be erected, used or maintained on any lot, except such small tents as are customarily used for recreation purposes and are located on the same lot as a dwelling.  Temporary use of tents for religious, amusement and recreation, business or manufacturing purposes shall be permitted by special permit.

 

(e)        Boats, snowmobiles, cargo trailers, recreation vehicles and similar vehicles may be parked or stored in the open when customary in the operation of a lawfully established principal use, and one such vehicle may be stored or parked on a residential lot provided that it is not located in any required front yard and no major repair, disassembly or rebuilding operations are conducted thereon.

 

(f)        Semi-trucks, semi-trailers, and school buses shall not be permitted to be parked for more than one (1) hour in a driveway in any residential district.

 

(g)        No more than one (1) vehicle at a time may be offered for sale by owner.  Such vehicle may not be parked in any yard while advertised for sale.

 

(7)        Sewerage and Water Systems.

 

(a)        Each use hereafter established within the Village which requires sewer and water facilities shall be served by public or community sewerage and water systems.

 

(b)        The above to the contrary notwithstanding, such uses, hereafter established on lots in areas that are not served with public sewer and/or water systems, may be served with individual sewage disposal systems and/or private wells, provided that the Village Board shall find after receiving recommendations of the Plan Commission that it is impracticable or unnecessary to require public sewerage and/or water systems or install community systems to serve the area.

 

(c)        Installation of individual sewage disposal systems and private wells or community sewer and water systems shall be in accordance with standards and specifications set forth in applicable laws of the Village, County, and State, except that in no case shall leaching beds be located in a required side yard.

 

(8)        Floodplain Requirements.

 

All use of floodplain land shall be in accordance with Chapter 9, the Floodplain Ordinance of the North Fond du Lac Municipal Code.

 

(9)        Exemption for Public Utilities.

 

The following public utility installations are permitted in any district:  poles, towers, wires, cables, conduits, underground vaults, laterals, pipes, mains, valves or any other similar distributing installations.  However, such installations shall conform with applicable Federal, State, County and Village laws.

 

(10)      Storage of Junk, Refuse, and Disabled or Damaged Motor Vehicles.

 

The open storage of junk, refuse, scrap, disabled or damaged motor vehicles, whether awaiting repair or not, is prohibited in all zoning districts.  Enclosed storage, when permitted within a zoning district, shall be completely surrounded by a solid fence or wall which completely obscures vision of the storage from beyond the property.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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(for future use)

SECTION 21.03        ZONING DISTRICTS AND DISTRICT MAP

 

(1)        Establishment of Districts.

 

(a)        DISTRICTS.  For the purpose of this Chapter, present and future, provision is hereby made for the division of the Village of North Fond du Lac into the following basic zoning districts:

 

                        1.         S          Shoreland District

                        2.         C         Conservancy District

                        3.         A-1      Agricultural District

                        4.         A-T      Agricultural Transition District

                        5.         R-1      Residential District - Single Family, Low Density

                        6.         R-2      Residential District - Single Family, Moderate Density

                        7.         R-3      Residential District - Single Family, Medium Density

                        8.         R-4      Residential District - Single Family, High Density

                        9.         R-5      Residential District - Two Family

                        10.       R-6      Residential District - Multiple Family

                        11.       R-7      Residential District - Temporary Unclassified

                        12.       R-8      Residential District - Manufactured Housing

13.       B-1      Business District - General

                        14.       B-2      Business District - Highway

                        15.       I-1       Manufacturing District - General

                        16.       I-2       Manufacturing District - Limited

                        17.       O         Office/Institutional District

                        18.       MH      Mobile Home District

                        19.       PUD    Planned Unit Development District

 

(2)        Annexed Land.

 

Any addition to the incorporated area of the Village by annexation or other means shall be automatically classified in the (R-7) Residential District - Temporary Unclassified for zoning purposes pending adoption of a permanent zoning ordinance designation.

 

The Fond du Lac County shoreland zoning provisions in effect on the date of annexation remain in effect but shall be administered by the municipality for all areas annexed by the municipality after the adoption of this Ordinance.  These annexed lands are described on the municipality's official annexation records.  The Fond du Lac County shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal Zoning Administrator.

 

(3)        Vacation of Streets.  Unless otherwise specified in the vacation action, vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

 

(4)        Zoning Map.

 

(a)        The Village of North Fond du Lac is hereby divided into zoning districts as shown upon a map designated as the Official Zoning Map of the Village of North Fond du Lac, adopted and made a part of this Chapter.  The Official Zoning Map and all the notations, references and other information shown thereon are a part of this Ordinance and shall have the same force and effect as if the matters and information set forth by said map were fully described herein.  The Official Zoning Map shall be properly attested and kept on file along with the text of the Official Zoning Regulations in the office of the Zoning Administrator.

 

(b)        The district boundaries shall be determined by measurement from and as shown on the Official Zoning Map, and in case of any question as to the interpretation of such boundary lines, the Plan Commission shall interpret the map according to the reasonable intent of this ordinance.  Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter section or sixteenth section lines; or the centerlines of streets, highways, railways or alleys.

 

(5)        Rules for Interpretation of District Boundaries.

 

Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:

 

(a)        Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

 

(b)        Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

 

(c)        Boundaries indicated as approximately following Village boundaries shall be construed as following municipal boundaries.

 

(d)       Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

 

(e)        Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

 

(f)        Boundaries indicated as parallel to, or extension of, features indicated in the preceding shall be so construed.  Distances not specifically indicated on the zoning map shall be determined by the scale of the map.

 

(6)        Lot in Two or More Districts.

Where a district boundary line divides a lot in single ownership, the district regulations of either portion of the lot may, at the owner's discretion, extend into the other district after review and approval by the Board of Appeals.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(for future use)

PART "B"

 

ZONING DISTRICT REGULATIONS

 

SECTION 21.04        CONSERVANCY, AND AGRICULTURAL DISTRICTS

 

 

(1)        Intent.

 

            (a)        GENERAL. 

 

The General intent of this Section is to set forth land uses or activities which are permitted in areas which are environmentally sensitive, are of environmental concern, or are rural in character.  This Section also sets forth the uses which are allowed with special conditions and land uses which must receive a special use permit.

 

(b)        (C) CONSERVANCY DISTRICT. 

 

The intent of the (C)-Conservancy District is to protect areas that are unsuitable for residential, commercial, or industrial development due to flooding, high water table, bad drainage, slope, adverse soil or geologic conditions, important natural habitat features or by reason of being designated a public park or a common open space area.  Most of these areas contain valuable environmental qualities which should be retained in a substantially undeveloped state in order to conserve the area's natural resources while protecting and preserving the amenities of the area's environment.  Further, the intent of this District is to protect ground water recharge areas, prevent overcrowding of land, curtail pollution, siltation, and alleviate flooding hazards.

 

            (c)        (A) AGRICULTURAL DISTRICT. 

 

The intent of the (A)-Agricultural District is to preserve productive agricultural land for food and fiber production, preserve productive farms by preventing land use conflicts between incompatible uses, maintain a viable agricultural base to support agricultural processing and service industries, reduce costs of providing services to scattered non-farm uses, pace and shape urban growth, implement the provisions of the Fond du Lac County Farmland Preservation Plan and comply with the provisions of the Farmland Preservation Law to permit eligible land owners to receive tax credits under Chapter 91 of the Wisconsin Statutes.

 

            (d)       (A-T) AGRICULTURAL TRANSITION DISTRICT.

 

The intent of the (A-T) Agricultural Transition District is to provide for the orderly transition of agricultural land to other uses in areas planned for eventual urban expansion, defer urban development until the appropriate local governmental bodies determine that adequate public services and facilities can be provided at a reasonable cost, insure that urban development is compatible with local land use plans and policies, provide periodic review to determine whether all or part of the land should be transferred to another zoning district.  Such review shall occur:  a) a minimum of every five (5) years; b) upon completion or revision or a County Agricultural Preservation Plan which affects lands in the district; or c) upon extension of public services such as sewer and water, necessary to serve urban development.  Furthermore, the agricultural transition zoning classification is meant to comply with the provisions of the Farmland Preservation Law as set forth in Section 91.14 of the Wisconsin Statutes.

 

(2)        Single-Family Detached Dwellings.

 

Residential dwellings must have been constructed prior to the effective date of the adoption of this ordinance or be constructed on lots of record existing prior to the effective date of this ordinance unless they are clearly accessory to or associated with agricultural uses.  Residential single-family detached dwellings shall be considered accessory to agricultural uses provided such dwellings are occupied by a person or a family at least one of which earns a substantial part of his or her livelihood from farming operations on the farm parcel or parents or children of the farm operator.

 

(3)        Open Space and Conservation Uses and Public Utilities.

 

(a)        Any private development shall be exclusively for a permitted use and applicant shall receive a permit or license under Chapter 29, Wisconsin Statutes, where applicable.

 

(b)        The construction and maintenance of launching ramps, roads, and public utility transmission lines are permitted provided that:

 

1.         The road or utility cannot, as a practical matter, be located outside the wetland;

 

2.         The road or utility is designed and constructed to minimize the adverse impact upon the natural functions of the wetlands;

 

3.         The roads shall be designed and constructed with the minimum cross-sectional area practical to serve the intended use;

 

4.         Road construction activities are carried out in the immediate area of the roadbed only; and

 

5.         Only limited filling, dredging, ditching, tilling or excavating necessary for the construction or maintenance of the road or utility is permitted.

 

(c)        Ditching, excavating, dredging, dike and dam construction, other than that allowed for roads or utilities above, is allowed only for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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SECTION 21.041      SHORELAND - WETLAND DISTRICT

 

(1)        Statutory Authorization, Findings of Fact, Statement of Purpose and Title.

 

(a)        STATUTORY AUTHORIZATION

 

This ordinance is adopted pursuant to the authorization given in sections 61.35, 6 1.351, 87.30, and 144.26, Wisconsin Statutes.

 

(b)        FINDING FACT AND PURPOSE

 

Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the Village would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:

 

1.         Promote the public health, safety, convenience and general wetlands;

 

2.         Maintain the storm and flood water storage capacity of wetlands;

 

3.         Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

 

4.         Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;

 

5.         Prohibit certain uses detrimental to the shoreland-wetland area; and

 

6.         Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other moving activities.

 

(2)        General Provisions.

 

(a)        COMPLIANCE

 

The use of wetlands and the alteration of wetlands within the shoreland areas of the Village shall be in full compliance with the terms of this ordinance and other applicable local, state or federal regulations. (However, see section (4) of this ordinance, for the standards applicable to nonconforming uses.) All permitted development in the (S)-Shoreland-Wetland District shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this ordinance.

 

(b)        MUNICIPALITIES AND STATE AGENCIES REGULATED

 

Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if section 13.48(13), Wisconsin Statues, applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when section 30.12(4)(a), Wisconsin Statutes, applies.

 

(c)        ABROGATION AND GREATER RESTRICTIONS

 

1.         This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under sections 6 1.35, 62.23 or 87.30, Wisconsin Statutes, which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

 

2.         This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.

 

(d)       INTERPRETATION

 

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this ordinance is required by a standard in chapter NR 117, Wisconsin Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the chapter NR 117 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.

 

(e)        SEVERABILITY

 

Should any portion of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

 

(f)        ANNEXED AREAS

 

The Fond du Lac County shoreland zoning provisions in effect on the date of annexation remain in effect administered by the municipality for all areas annexed by the municipality after May 7, 1982. These annexed lands are described on the municipality's official zoning map. .The Fond du Lac County shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal Zoning Administrator.

 

(3)        (S)-Shoreland-Wetland Zoning District.

 

(a)        INTENT

 

The intent of the (S)-Shoreland-Wetland Zoning District is to: prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, the placement of structures and land uses; and to preserve shore cover and the natural environment adjacent to lakes, rivers and streams and other water bodies.

 

(b)        SHORELAND-WETLAND ZONING MAPS

 

The following maps are hereby adopted and made part of this ordinance and are on file in the office of the Village Clerk:

 

1.         Wisconsin Wetland Inventory maps stamped "FINAL" on June 2, 1993.

 

2.         Floodplain zoning maps titled Village of North Fond du Lac and dated December 4, 1979.

 

3.         United States Geological Survey maps dated November, 1986.

 

4.         Zoning maps titled Village of North Fond du Lac Official Map and dated April 18, 1994.

 

            (c)        DISTRICT BOUNDARIES

 

1.         The (S)-Shoreland-Wetland Zoning District includes all wetlands in the municipality which are five (5) acres or more in size and are shown on the final Wetland Inventory Map that has been adopted and made a part of this ordinance and which are:

 

 

a.         Within one thousand (1,000) feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the municipality shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance.

 

b.         Within three hundred (300) feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance. Floodplain zoning maps adopted in section (3)(b)2 shall be used to determine the extent of floodplain areas.

 

2.         Determinations of navigability and ordinary high-water mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources (DNR) for a final determination of navigability or ordinary high-water mark.

 

3.         When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the DNR to determine if the shoreland-wetland district boundary as mapped is in error. If DNR staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in section (3)(c)4 and (3)(c)5, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.

 

4.         Filled Wetlands. Wetlands which are filled prior to June 2, 1993, the date on which the village received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this ordinance.

 

5.         Wetlands Landward Of A Bulkhead Line. Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982 under s. 30. 11, Statutes are not subject to this ordinance.

 

(d)       PERMITTED USES

 

The following uses are permitted subject to the provisions of chapters 30 and 31, Wisconsin Statutes, and the provisions of other local, state and federal laws, if applicable:

 

1.         Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:

 

a.         Hiking, fishing, trapping, hunting, swimming, snowmobiling, and boating;

 

b.         The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;

 

c.         The practice of silviculture, including the planting, thinning, and harvesting of timber;

 

d.         The pasturing of livestock;

 

e.         The cultivation of agriculture crops; and

 

f.          The construction and maintenance of duck blinds.

 

2.         Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:

 

a.         The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;

 

b.         The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;

 

c.         The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;

 

d.         The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;

 

e.         The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;

 

f.          The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in section (6)(a)3 of this ordinance; and

 

g.         The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

 

3.         Uses which are allowed upon the issuance of a special use permit and which may include wetland alterations only to the extent specifically provided below:

 

a.         The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under section (3)(d) of this ordinance, provided that:

 

(1)        The road cannot, as a practical matter, be located outside the wetland;

 

(2)        The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in section 6.13 of this ordinance;

 

(3)        The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

 

(4)        Road construction activities are carried out in the immediate area of the roadbed only; and

 

(5)        Any wetland alteration must be necessary for the construction or maintenance of the road.

 

b.         The construction and maintenance of nonresidential buildings provided that:

 

(1)        The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows or other wetland or aquatic animals;

 

(2)        The building cannot, as a practical matter, be located outside the wetland;

 

(3)        The building does not exceed 500 square feet in floor area; and

 

(4)        Only limited filling and excavating necessary to provide structural support for the building is allowed.

 

c.         The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:

 

(1)        Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;

 

(2)        Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;

 

(3)        The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in section (3)(d)3a of this ordinance; and

 

(4)        Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

 

d.         The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines, and related facilities and the construction and maintenance of railroad lines, provided that:

 

(1)        The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;

 

(2)        Only limited filling or excavating necessary for such construction or maintenance is allowed; and

 

(3)        Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in section (6)(a)3 of this ordinance.

 

(e)        PROHIBITED USES

 

1.         Any use not listed in section (3)(d) of this ordinance is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this ordinance in accordance with section (6) of this ordinance.

 

2.         The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.

 

(4)        Nonconforming Structures and Uses.

 

(a)        The lawful use of a building, structure or property which existed at the time this ordinance, or an applicable amendment to this ordinance, took effect and which is not in conformity with the provisions of the ordinance, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

 

1.         The shoreland-wetland provisions of this ordinance authorized by s. 61.351, Wisconsin Statutes, shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure or of any environmental control facility related to such a structure in existence on the effective date of the shoreland-wetland provisions. All other modifications to nonconforming structures are subject to s. 62.23(7)(h), Wisconsin Statutes, which limits total lifetime structural repairs and alterations to 50% of current fair market value.

 

(b)        If a nonconforming use or the use of a nonconforming structure is discontinued for twelve (12) consecutive months, any future use of the building, structure or property shall conform to this ordinance.

 

(c)        Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this ordinance adopted under sections 62.351 or 62.231, Wisconsin Statutes, may be continued although such does not conform with the provisions of the ordinance. However, such nonconforming use may not be extended.

 

(d)       The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of section 30.121, Wisconsin Statutes.

 

(e)        Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

 

(5)        Administrative Provisions.

 

(a)        ZONING ADMINISTRATOR

 

The Zoning Administrator shall have the following duties and powers when administering and enforcing this ordinance.

 

1.         Advise applicants as to the provisions of this ordinance and assist them in preparing permit applications and appeal forms.

 

2.         Issue permits and certificates of compliance and inspect properties for compliance with this ordinance.

 

3.         Keep records of all permits issued, inspections made, work approved and other official actions.

 

4.         Have access to any structure or premises between the hours of 8 a.m. and 6 p.m. for the purpose of performing these duties.

 

5.         Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within ten (10) days after they are granted or denied, to the appropriate district office of the DNR.

 

6.         Investigate and report violations of this ordinance to the appropriate municipal planning agency and the district attorney or municipal attorney.

 

(b)        ZONING PERMITS

 

1.         When Required. Unless another section of this ordinance specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in section (8)(b)6, of this ordinance, or any change in the use of an existing building or structure is initiated.

 

2.         Application. An application for a zoning permit shall be made to the Zoning Administrator upon forms furnished by the village and shall include, for the purpose of proper enforcement of these regulations, the following information:

 

a.         General Information

 

(1)        Name, address, and telephone number of applicant, property owner and contractor, where applicable.

 

(2)        Legal description of the property and a general description of the proposed use or development.

 

(3)        Whether or not a private water supply or sewage system is to be installed.

 

b.         Site Development Plan

 

(1)        Dimensions and area of the lot;

 

(2)        Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;

 

(3)        Description of any existing or proposed on-site sewage systems or private water supply systems;

 

(4)        Location of the ordinary high-water mark of any abutting navigable waterways;

 

(5)        Boundaries of all wetlands;

 

(6)        Existing and proposed topographic and drainage features and vegetative cover;

 

(7)        Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;

 

(8)        Location of existing or future access roads; and

 

(9)        Specifications and dimensions for areas of proposed wetland alteration.

 

3.         Expiration.  All permits issued under the authority of this ordinance shall expire twelve (12) months from the date of issuance.

 

(c)        CERTIFICATES OF COMPLIANCE

 

1.         Except where no zoning permit or special use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the Zoning Administrator subject to the following provisions:

 

a.         The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this ordinance.

 

b.         Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.

 

c.         The certificate of compliance shall be issued within ten (10) days after notification of the completion of the work specified in the zoning or special use permit, providing the building or premises and proposed use thereof conform with all the provisions of this ordinance.

 

2.         The Zoning Administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the municipal governing body.

 

3.         Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of ordinance adoption, certifying after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this ordinance.

 

(d)       SPECIAL USE PERMITS

 

1.         Application. Any use listed as a special use in this ordinance shall be permitted only after an application has been submitted to the Zoning Administrator and a special use permit has been granted by the Plan Commission and the Village Board following the procedures in section 21.11 of this ordinance.

 

2.         Conditions. Upon consideration of the permit application and the standards applicable to the special uses designated in section (3)(d)3 of this ordinance, the Plan Commission and Village Board shall attach such conditions to a special use permit, in addition to those required elsewhere in this ordinance, as are necessary to further the purposes of this ordinance as listed in section (l)(b).  Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setback; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Plan Commission and Village Board may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this ordinance.

 

(e)        FEES

 

The Village Board may adopt fees for the following:

 

1.         Zoning permits.

 

2.         Certificates of compliance.

 

3.         Public hearings.

 

4.         Legal notice publications.

 

5.         Special use permits.

 

6.         Rezoning petitions.

 

 

(f)        RECORDING

 

Where a zoning permit or special use permit is approved, an appropriate record shall be made by the Zoning Administrator of the land use and structures permitted.

 

(g)        REVOCATION

 

Where the conditions of a zoning permit or special use permit are violated, the permit shall be revoked by the Plan Commission and the Village Board.

 

(h)        BOARD OF APPEALS

 

Village President shall appoint a Board of Appeals in accordance with Section 21.19 of this ordinance. The Board of Appeals shall have the powers and duties to enforce this ordinance as enumerated therein.

 

(6)        Amending Shoreland-Wetland Zoning Regulations.

 

(a)        The Village Board may alter, supplement or change the district boundaries and the regulations contained in this ordinance in accordance with the requirements of section 62.23(7)(d)2, Wisconsin Statutes, NR 117, Wisconsin Administrative Code, and the following:

 

1.         A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the DNR within five (5) days of the submission of the proposed amendment to the municipal planning agency;

 

2.         All proposed text or map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held after class II notice as required by section 62.23(7)(d)2, Wisconsin Statutes. The appropriate district office of the DNR shall be provided with written notice of the public hearing at least ten (10) days prior to such hearing.

 

3.         In order to insure that this ordinance will remain consistent with the shoreland protection objective of section 144.26, Wisconsin Statutes, the Village Board may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:

 

a.         Storm and flood water storage capacity;

 

b.         Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;

 

c.         Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

 

d.         Fish spawning, breeding, nursery or feeding grounds;

 

e.         Shoreline protection against erosion;

 

f.          Wildlife habitat; or

 

g.         Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

 

4.         Where the district office of the DNR determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in section (6)(a)3 of this ordinance, the DNR shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.

 

5.         The appropriate district office of the DNR shall be provided with:

 

a.         A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within ten (10) days after the submission of those recommendations to the municipal governing body.

 

b.         Written notice of the action on the proposed text or map amendment within ten (10) days after the action is taken.

 

6.         If the DNR notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in section (6)(a)3 of this ordinance, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than thirty (30) days have elapsed since written notice of the municipal approval was mailed to the DNR, as required by section (6)(a)5b of this ordinance. If within the thirty (30) day period, the DNR notifies the municipality that it intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by sections 62.23l(6) and 61.351 (6), Wisconsin Statutes, the proposed amendment shall not become effective until the ordinance adoption procedure under section 62.23l(6) or 61.351(6), Wisconsin Statutes, is completed or otherwise terminated.

 

(7)        Enforcement and Penalties.

 

Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this ordinance in violation of the provisions of this ordinance, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The Zoning Administrator shall refer violations to the municipal planning agency and the district attorney or municipal attorney who shall prosecute such violations. Any person, firm association, or corporation who violates or refuses to comply with any of the provisions of this ordinance shall be subject to a forfeiture of not less than $50.00 nor more than $500.00 per offense, together with the taxable costs of such action.  Each day of continued violation shall constitute a separate offense.  Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to section 87.30(2), Wisconsin Statutes.

 

(8)        Definitions.

 

(a)        For the purpose of administering and enforcing this ordinance, the terms of words used herein shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally.

 

(b)        The following terms used in this ordinance mean:

 

1.         "Accessory structure or use" means a detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principle structure or use to which it is related and which is located on the same lot as that of the principle structure or use.

 

2.         "Boathouse" as defined in section 30.121(1), Wisconsin Statutes, means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.

 

3.         "Class 2 public notice" means publication of a public hearing notice under chapter 985, Wisconsin Statutes, in a newspaper of circulation in the affected area. Publication is required on two (2) consecutive weeks, the last at least seven (7) days prior to the hearing.

 

4.         "Department" means the Wisconsin Department of Natural Resources.

 

5.         "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.

 

6.         "Drainage system" means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

 

7.         "Environmental control facility" means any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

 

8          "Fixed houseboat" as defined in section 30.121(1), Wisconsin Statutes, means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

 

9.         "Navigable waters" means Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Under section 144.26(2)(d), Wisconsin Statutes, not withstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under sections 61.351 or 62.221 Wisconsin Statutes and chapter NR 117, Wisconsin Statutes and chapter NR 117 Wisconsin Administrative Code, do not apply to lands adjacent to farm drainage ditches if;

 

                                    a.         Such lands are not adjacent to a natural navigable stream or river;

 

b.         Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

 

c.         Such lands are maintained in nonstructural agricultural use.

 

"Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wisconsin 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wisconsin 2d 936(1975)].  For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons."

 

10.       "Ordinary high-water mark" means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

 

11.       "Planning agency" means the Plan Commission of the Village of North Fond du Lac.

 

12.       "Shorelands" means lands within the following distances from the ordinary high-water mark of navigable waters; 1,000 feet from a lake, pond, or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

 

13.       "Shoreland-Wetland District" means the zoning district created in this shoreland-wetland zoning ordinance, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this ordinance.

 

14.       "Special use" means a conditional use which is permitted by this ordinance provided that certain conditions specified in the ordinance are met and that a permit is granted by the Plan Commission and the Village Board.

 

15.       "Unnecessary hardship" means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setback, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance.

 

16.       "Variance" means an authorization granted by the Board of Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this ordinance.

 

17.       "Wetlands" means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

 

18.       "Wetland alteration" means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 (9)       Schedule 21.041-A     Land Uses or Activities

                                                Shoreland, Conservancy and Agricultural Districts

                                                                                             

(S) - Shoreland

(C) - Conservancy

(A) - Agricultural

(A-T) - Agricultural Transition

 

 P = Permitted

SC = Permitted with Special Conditions

SP = Special Use Permit Required

 X = Site Plan Approval Necessary

                                                                                                       

                   LAND USE OR ACTIVITY

     S

    C

    A

   A-T

Agricultural uses including general farming, dairying, raising grain, grass and seed crops, vegetable farming, orchards, horticulture, plant greenhouses and nurseries, forest and game management and other uses of a similar nature.

 

     P

     P

      P

Construction or maintenance or piers, docks or walkways built on pilings including limited excavating and filling necessary for such construction maintenance.

     P

     P

 

 

Harvesting of wild crops such as marsh hay, ferns, berries, tree fruits and seeds in a manner that is not injurious to the natural reproduction of such crops.

     P

     P

     P

      P

Hiking, fishing, swimming and boating.

     P

     P

     P

      P

Open space areas and conservation uses including public and private parks, historic and scientific areas, outdoor education areas, wildlife refuges and public boat launching ramps and attendant access roads.

   SC

   SC

    SP

    SP

Public and semi-public non-profit uses such as churches, schools, libraries.

     

 

SP, X

  SP, X

Sanitary Landfills.

 

 

SP, X

 SP, X         

Single Family Detached Residential Dwellings.

 

 

   SC

    SC

Utility transmission lines, including electric, gas, telephone, water and sewer lines.

   SC

   SC

     P

      P

 

 

 

 

SECTION      21.05 RESIDENTIAL DISTRICTS

 

(1)        Intent.

 

            (a)        GENERAL.

 

The general intent of this Section is to set forth land uses or activities which are    permitted in residential areas in the Village, to specify the zoning district in which each use or activity will be permitted, with or without special conditions, or after a special use permit has been granted, and to establish density and bulk regulations within each district.

 

            (b)        (R-1) RESIDENTIAL DISTRICT.

 

The intent of the (R-1) Residential District is to set forth those land uses and activities which are permitted in areas where limitation on the use of land and density of development is necessary to minimize environmental impacts and where low density, single family housing is the desired land use.

 

            (c)        (R-2) RESIDENTIAL DISTRICT.

 

The intent of the (R-2) Residential District is to set forth those land uses and activities which are permitted in areas where single family housing development at a moderate density is the desired predominant land use.

 

            (d)       (R-3) RESIDENTIAL DISTRICT.

 

The intent of the (R-3) Residential District is to set forth those land uses and activities which are permitted in areas where single family housing development at a medium density is the desired predominant land use.

 

            (e)        (R-4) RESIDENTIAL DISTRICT.

 

The intent of the (R-4) Residential District is to set forth those land uses and activities which are permitted in areas where single family housing development at a high density is the desired predominant land use.

 

            (f)        (R-5) RESIDENTIAL DISTRICT.

 

The intent of the (R-5) Residential District is to set forth those land uses and activities which are permitted in areas where a moderate to high concentration of residential dwellings, including two family and single family semi-detached dwellings, is the desired predominant land use.

 

            (g)        (R-6) RESIDENTIAL DISTRICT.

 

The intent of the (R-6) Residential District is to set forth those land uses and activities which are permitted in areas where a moderate to high concentration of residential dwellings, including multiple-family housing development, is the desired predominant land use.

 

            (h)        (R-7) RESIDENTIAL DISTRICT.

 

The intent of the (R-7) Residential District is to set forth those land uses and activities which are permitted in areas where substantial limitation on the use of the land and density of development is necessary to preserve present uses or protect such land for efficient future use.  Such areas include newly annexed land, land which is characterized by agricultural and other open space uses, and land which is awaiting future urban type development in response to the Villages growth.  Subsequent reclassification of some (R-7) land to other districts is anticipated when this can be accomplished in accordance with a program of orderly and efficient growth which is coordinated with the extension of basic utilities, streets and community facilities.

 

            (i)         (R-8) MANUFACTURED HOUSING DISTRICT.

 

The intent of the (R-8) Residential District is to set forth those land uses and activities which are permitted in areas where manufactured housing would be the predominant housing type.  (R-8) Residential Districts would typically be permitted in areas where a transition is desirable from a mobile home, business, or (R-5) or (R-6) district to an area where high density, single family land uses prevail or are planned for the future.

 

(2)        General Provisions.

 

            (a)        SCHEDULE OF REGULATIONS.

 

Restrictions and controls for land uses or activities permitted in residential districts, or land uses or activities having special conditions attached to them or requiring a special use permit, are set forth in Schedule 21.05-A.  Regulations for lot size, yards and similar bulk requirements are set forth in Schedule 21.05-B.  Both said schedules are hereby adopted and made part of this Ordinance.

 

            (b)        EXCLUDED USES OR ACTIVITIES.

 

A land use or activity not set forth in the attached schedule is not permitted in residential districts in the village except that uses and activities which are similar to those which are permitted in a district may be permitted by special use permit.

 

            (c)        REQUIRED OPEN SPACE.

 

In all residential districts the total area of all structures on a lot shall not exceed the maximum percentage of lot coverage as specified in the attached schedule.  At least sixty-five percent (65%) of any required front yard area shall remain open space and shall not be used for parking and driveways.

 

            (d)       SPACING BETWEEN STRUCTURES.

 

When two (2) or more multiple-family dwelling structures are located on a single lot the following separations between exterior walls shall be maintained:

 

1.         Front or rear wall of one structure facing front or rear wall of another: not less than 60 ft. separation.

 

2.         End wall of one structure facing end wall of another: not less than 30 ft. separation.

 

3.         End wall of one structure facing front or rear wall of another: 45 ft. separation.

 

The above minimum separations may be modified by the Department of Public Works when site plan review determines that building design, site layout, landscaping treatment or unusual site conditions warrant such modification.  When buildings are not parallel, the average separation shall be as specified above but in no case shall the closest separation of non-parallel buildings be less than half of the required separation.

 

            (e)        SITE PLAN APPROVAL.

 

When the attached schedule indicates that site plan approval is necessary for a land use or activity in a Residential District the Zoning Administrator may not issue a building permit for such land use or activity until a final site plan has been approved by the Department of Public Works in accordance with this Ordinance.

 

            (f)        ONE AND TWO FAMILY DWELLINGS. (O-2000-23)

 

(1)        All single-family dwellings located in R-1, R-2, R-3, R-4, R-5, R-6, R-7, and R-8 must be at least twenty-four feet wide and have a length equal to or greater than the width.  All single-family dwellings must be at least 900 square feet.  The 900 square feet does not include garages, unenclosed porches, or unfinished areas.

           

(2)        All two-family dwellings must be at least twenty-four (24) feet wide and have a length equal to or greater than the width.  All two-family dwellings must have at least 900 square feet for each dwelling.  The 900 square feet does not include garages, unenclosed porches, or unfinished areas.

           

(3)        The Plan Commission will establish the square foot requirements for single-family dwellings located in cluster housing developments or similar developments.  The developer may request less than 900 square feet per single family dwelling, but it must be supported by historical data of comparable developments.  The Plan Commission may request preliminary plans and other information prior to approving the minimum square foot requirements.

 

(3)        Special Conditions for Certain Land Uses or Activities in Residential Districts.

 

Land uses or activities listed in Schedule 21.05-A as being "Permitted with Special Conditions" shall not be considered permitted, and the Zoning Administrator shall not issue a zoning certificate for such uses or activities, until applicable conditions, as set forth below, have been complied with or a variance has been granted.

 

            (a)        NURSERY, GREENHOUSE, TRUCK GARDEN.

 

                        Permitted when:

 

                        1.         No offensive odors and dust are created.

 

2.         Retail sales are limited to products grown on the premises and sold in the   open or from a structure that is removed at the end of the growing season.

 

(b)        DWELLING, MULTIPLE FAMILY ABUTTING (R-1), (R-2), OR (R-3) DISTRICT.

 

                        Permitted when:

 

1.         A lot in the (R-6) District abuts or is across a street from a lot in an R-1, (R-2), or (R-3) District, the building setback requirements of the (R-1), (R-2), or (R-3) District shall be applicable in the (R-6) District and a landscaped buffer strip at least 10 feet wide (see Definitions) shall be established adjacent to the (R-1), (R-2), or (R-3) lot line and approved as part of site plan approval.

 

2.         Trash receptacles are located not less than five (5) feet from any property line and are appropriately screened.

 

3.         Approved facilities are provided for the outdoor or indoor storage of seasonal vehicles, recreation equipment, and similar items.

 

            (c)        DWELLING, EFFICIENCY.

 

One efficiency dwelling (see Definitions) is permitted when such dwelling is included within the structure of an owner-occupied one family dwelling and does

not occupy more than 30 percent of the total usable floor area not to exceed 375 square feet of such one family dwelling.

 

            (d)       DWELLING, MOBILE HOME.

 

Mobile homes, except those covered by a temporary permit in Section 21.02 (6)(c), are permitted only in a mobile home park approved by the Village Board.

 

(e)        CONVERSION OF EXISTING DWELLINGS INTO ADDITIONAL DWELLING UNITS.

 

                        Permitted when:

 

1.         The area of the lot is at least 50 percent of the minimum lot area which would be required for construction of an equivalent number of new dwelling units in the district.

 

2.         At least 80 percent of the setback and yards requirements of the district,     which would be required for new construction, can be complied with.

 

                        3.         Minimum frontage of fifty (50) feet can be provided.

 

                        4.         Parking and open space requirements of the district are complied with.

 

5.         Each of the dwellings thus created contains not less than 350 square feet of habitable floor area.

 

            (f)        HOME OCCUPATIONS.

 

                        Permitted when:

 

1.         The home occupation is conducted only within the enclosed area of the      dwelling unit or an attached garage.  If such occupation is conducted in an attached garage it cannot displace the enclosed storage of property maintenance and recreational equipment.

 

2.         There are no exterior alterations which change the character thereof as a    dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

 

3.         No storage or display of materials, goods, supplies or equipment related the operation of the home occupation is visible outside any structure located on the premises.

 

4.         No use creates smoke, odor, glare, noise, dust, vibration, fire hazard, environmental hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

 

5.         Only one (1) sign is used to indicate the type of occupation or business.  The sign may not exceed 200 square inches in size and may not be illuminated.  The appearance and content of the sign shall be subject to the approval of the Zoning Administrator.

 

6.         The use does not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

 

7.         The occupation or activity is conducted by the person or persons residing in the dwelling and not more than one additional person.

 

8.         The space required by the occupation or activity is no greater than 25 percent of the gross floor area of the dwelling on the lot or one half of an attached garage.

 

            (g)        PLACES OF RELIGIOUS WORSHIP.

 

                        Permitted when:

 

1.         No structure is located less than thirty (30) feet from any residential lot line.

 

2.         A heavily landscaped buffer strip at least twelve (12) feet wide is provided along all adjacent residential lot lines.

 

            (h)        EXCAVATION, GRADING OR FILLING.

 

Normally permitted only when such activity is carried out in conjunction with the construction of a building, subdivision, planned development, recreation area or parking area.  No topsoil shall be stripped from any lot for commercial purpose and no non-construction related excavation, grading, or filling may be undertaken except by Special Permit.

 

            (i)         TEMPORARY BUILDING OR FENCE.

 

Permitted when such building or fence is related to a construction project and located on the same lot where such construction is being undertaken or on a lot contiguous thereto.

 

            (j)         SIGNS.

 

                        Permitted when they are in compliance with Section 21.14 of this Ordinance.

 

            (k)        BUSINESS USE.

 

Requirements:  Within multifamily developments of eighty (80) or more units or within multifamily buildings for the elderly of fifty (50) or more units, ten percent (10%) of the first floor area of any one building may be devoted to commercial use designed to serve only the residents of the complex.  (Examples of such commercial uses might include beauty or barber shop, laundry, snack bar, etc.)

 

            (l)         LODGING OR ROOMING HOUSE.

 

                        Permitted when:

 

                        1.         Cooking facilities are not in the lodging room (see Definitions).

 

                        2.         Bathroom facilities must conform to all Village housing and health Codes.

 

3.         One (1) on-site, off-street parking space shall be required per lodging room.  If on-site parking spaces cannot be provided, required parking may be provided within 200 feet of the property where the lodging rooms are located.

 

4.         All Wisconsin Administrative Code requirements shall be met and are hereby adopted by reference.

 

5.         Lodging rooms shall be permitted at a density not to exceed one unit for each 2,000 square feet of lot area.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(for future use)

(4)        Schedule 21.05-A       Land Uses or Activities Residential Districts

 

 P = Permitted

SC = Permitted with Special Conditions

SP = Special Use Permit Required

 X = Site Plan Approval Necessary

 

             LAND USE OR ACTIVITY

  R-1

R-2

  R-3

R-4

R-5

R-6

R-7

R-8

  1. Agriculture on a 10 acre minimum lot.

 

   

    

   

 

 

   P

 

  2. Alternate energy installations.

SP,    X

SP,   X

SP,   X

SP,  X

SP,  X

SP,   X

SP,  X

SP,   X

  3. Art gallery and museum.

SP,    X

SP,   X

SP,   X

SP,  X

SP,  X

SP,   X

SP,

X

SP,   X

  4. Bed & Breakfast establishment.

SP

SP

SP

SP

SP

SP

SP

SP

  5. Business use.

 

 

 

 

 

SP,    X

 

 

  6. Cemetery, crematoriums.

SP,    X

 

 

 

 

 

SP,

X

 

  7. Central air conditioning equipment.

SC

SC

SC

SC

SC

SC

SC

SC

  8. Cluster housing.

SP,     X

SP,   X

SP,   X

SP,  X

SP,  X

SP,   X

SP,

X

SP,     X

  9. College and university.

SP,    X

SP,   X

SP,   X

SP,  X

SP,  X

SP,   X

SP, X

SP,     X

 10. Convent, monastery, seminary.

SP,    X

SP,   X

SP,   X

SP,  X

SP,  X

SP,   X

SP, X

SP,     X

 11. Conversion of existing dwelling    into less than 4 dwelling units.

 

 

SP,   X

SC,  X

SC, X

SC,  X

 

SC,

X

 12. Conversion of existing dwelling    into 4 or more dwelling units.

 

 

 

 

 

SC,  X

 

 

 13. Day care facility.

SP,   X

SP,  X

SP,  X

SP, X

SP, X

SP, X

SP,

X

SP, X

 14. Day care home.

P

P

P

P

P

P

P

P

 15. Duly authorized philanthropic       and/or charitable institution.

 

 

 

 

 

SP,   X

 

 


 

 P = Permitted

SC = Permitted with Special Conditions

SP = Special Use Permit Required

 X = Site Plan Approval Necessary

 

        LAND USE OR ACTIVITY

R-1

R-2

R-3

R-4

R-5

R-6

R-7

R-8

 16. Dwelling, one-family.

P

P

P

P

P

P

P

P

 17. Dwelling, two-family.

 

 

 

 

P

P

 

 

 18. Dwelling, multiple family.

 

 

 

 

 

SC,  X

 

 

 19. Dwelling, efficiency.

SC

SC

SC

SC

P

P

SC

SC

 20. Dwelling, town house.

 

 

 

 

SC,  X

SC,  X

 

 

 21. Dwelling, mobile home.

 

 

 

 

 

 

 

 

 22. Dwelling for community living arrangement.

SC

SC

SC

SC

SC

SC

SC

SC

 23. Excavation, grading or filling.

SC,   X

SC,   X

SC,   X

SC,  X

SC,  X

SC,  X

SC,

X

SC,   X

 24. Family care home.

P

P

P

P

P

P

P

P

 25. Fraternity and sorority for university or college.

SP,    X

SP,   X

SP,   X

SP,  X

SP,  X

SP,   X

SP,

X

SP,   X

 26. Funeral and undertaking parlor.

 

 

 

 

 

SP,   X

 

 

 27. Garage, private detached.

SC

SC

SC

SC

SC

SC

SC

SC

 28. Golf course.

 

 

 

 

 

 

SP,

X

 

 29. Government service.

P

P

P

P

P

P

P

P

 30. Home occupation.

SC

SC

SC

SC

SC

SC

SC

SC

 31. Hospital.

SP,    X

SP,   X

SP,   X

SP,  X

SP,  X

SP,    X

SP,

X

SP,     X

 


 

 P = Permitted

SC = Permitted with Special Conditions

SP = Special Use Permit Required

 X = Site Plan Approval Necessary

 

        LAND USE OR ACTIVITY

  R-1

  R-2

  R-3

R-4

  R-5

R-6

  R-7

R-8

 32. Housing for the elderly and      handicapped.

 

 

SP, X

SP, X

SC, X

SC,  X

 

SP,

X

 33. Landfilling.

 

SC,   X

SC,   X

SC,  X

SC,   X

SC,  X

 

SC,

X

 34. Library, public.

P, X

P, X

P, X

P, X

P, X

P, X

 

P, X

 35. Lodging or rooming house.

 

 

 

 

 

SC,  X

 

 

 36. Lodge.

 

 

 

 

 

SP

 

 

 37. Mobile home park.

 

 

 

 

 

 

 

 

 38. Noncommercial garden.

P

P

P

P

P

P

P

P

 39. Nursery, greenhouses, truck     garden.

SC

 

 

 

 

 

SC

 

 40. Nursing home (intermediate      care).

SP,    X

SP,    X

SP,   X

SP,  X

SP,    X

SP,   X

 

SP,

X

 41. Nursery school.

 

SP,    X

SP,   X

SP,  X

SP,    X

SP,   X

 

SP,

X

 42. Parks and playgrounds (private, not-for-profit).

SC, X

SC, X

SC, X

SC, X

SC, X

SC, X

 

SC,  X

 43. Parks and playgrounds (public).

P, X

P, X

P, X

P, X

P, X

P, X

P, X

P, X

 44. Places of religious worship.

SC,   X

SC, X

SC,   X

SC,  X

SC,   X

SC, X

SC,

X

SC,  X

 45. Planned unit development.

SP,    X

SP,    X

SP,   X

SP,  X

SP,    X

SP,   X

SP,

X

SP,  X

 46. Private garage accessory to a    dwelling.

P

P

P

P

P

P

P

P


 

 P = Permitted

SC = Permitted with Special Conditions

SP = Special Use Permit Required

 X = Site Plan Approval Necessary

 

         LAND USE OR ACTIVITY

  R-1

  R-2

  R-3

R-4

  R-5

R-6

  R-7

R-8

 47. School, boarding.

SP, X

SP, X

SP, X

SP, X

SP,

X

SP,   X

SP,

X

SP,  X

 48. School, elementary and secondary.

P, X

P, X

P, X

P, X

P, X

P, X

P, X

P, X

 49. School, vocation and technical.

SP,    X

SP,   X

SP,   X

SP,  X

SP,    X

SP,   X

SP,

X

SP,  X

 50. Sign.

SC

SC

SC

SC

SC

SC

SC

SC

 51. Temporary building or fence.

SC,   X

SC,   X

SC,   X

SC,  X

SC,   X

SC,  X

SC,

X

SC,  X

 52. Utility, local service.

P

P

P

P

P

P

P

P

 53. Utility, substation.

SP,    X

SP,   X

SP,   X

SP,  X

SP,    X

SP,   X

SP,

X

SP,  X

 54. Utility, transmission line.

SP,    X

SP,   X

SP,   X

SP,  X

SP,    X

SP,   X

SP,

X

SP,  X

 55. Zero lot line units.

 

 

 

 

 

SP,   X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


(5)        Schedule 21.05 - B Bulk Requirements Residential Districts*

 

 

        DIST.

 

                USE OR

             ACTIVITY

 

MINIMUM LOT

AREA (SQ.FT.)*

MINIMUM LOT

WIDTH (FT)*

YARDS*

 ONE        TOTAL

FRONT   SIDE         SIDE      REAR

MAX.

BLDG.

HEIGHT*

MAX. %

OF LOT

COVERED*

R-1

All permitted uses.

           15,000

            125

30

10

25

35

35

25

R-2

All permitted uses.

           12,000

            100

25

8

20

35

35

25

R-3

All permitted uses.

            9,000

             75

25

6

12

35

35

35

R-4 & R-8

All permitted uses.

            7,200

             60

25

6

12

35

35

35

 

R-5

Conversion of existing dwelling.

See Sec. 21.05 (3)(e)

              --

--

--

--

--

--

--

 

1-family dwelling or 2-family dwelling with one unit over the other.

1-family - 7,200

2-family - 9,000     

 

1-family - 60

2-family - 75

 

25

6

12

35

35

35

 

2-family dwelling with side-by-side semi-detached units:

4,500 for each dwelling unit

 

             75

 

25

 

6

 

12

 

35

 

35

 

35

 

R-6

1 and 2-family dwelling.

            7,200

             60

25

6

15

35

35

35

 

Town House

15,000 or 3,000 per dwelling unit, whichever is greater.

25 for each dwelling unit.  Maximum required - 125 ft.

 

 

25

 

 

10

 

 

25a

 

 

20

 

 

35

 

 

50

 

Multiple-family dwelling.

15,000 or 3,000 per dwelling unit, whichever is greater.

25 for each dwelling unit.

 

 

25

 

 

6

 

 

15

 

 

20

 

 

None

 

 

50

 

Conversion of existing dwelling.

See Sec. 21.05(3)(e)

              --

--

--

--

--

--

--

 

 

Nonresidential.

            6,000

             60

20

6

15

20

40

50

R-7

All permitted uses.

           40,000

            140

30

15

40

75

35

10

            (SEE NOTES NEXT PAGE)

*           Bulk requirements for uses permitted with special conditions or requiring a special use permit might vary from this schedule.  Requirements for such uses are as may be specified in Sec. 21.05(3) or by Village Board in its consideration of the special use permit.

 

a.         Side yards required only for end units in the row.  All interior units have zero side yard requirements.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


SECTION 21.06        BUSINESS DISTRICTS

 

(1)        Intent.

 

            (a)        GENERAL.

 

The general intent of this Section is to set forth land uses or activities which are permitted in business and commercial areas in the Village, to specify the zoning district in which each use or activity will be permitted, with or without special conditions, or after a special permit has been granted, and to establish bulk regulations for lots within each district.

 

            (b)        (B-1) BUSINESS DISTRICT.

 

The intent of the (B-1) Business District is to set forth those land uses and activities which are permitted to provide a wide range of shopping, convenience goods, personal services, and entertainment businesses located through the Village.

 

            (c)        (B-2) BUSINESS DISTRICT.

 

The intent of the (B-2) Business District is to set forth those land uses and activities which are permitted to provide a wide range of shopping, convenience goods, personal services, and entertainment businesses located near or along the Hwy. 41 corridor.  Because of their high visibility location, however, businesses in the (B-2) Business District are required to meet higher design standards to ensure that development is efficient and attractive.

 

(2)        General Provisions.

 

            (a)        SCHEDULE OF REGULATIONS.

 

Restrictions and controls for land uses or activities permitted in Business Districts, or land uses or activities having special conditions attached to them, or requiring a special permit, are set forth in Schedule 21.06-A.  Regulations for lot size, yards and similar bulk requirements are set forth in Schedule 21.06-B.  Both schedules are hereby adopted and made part of this Ordinance.

 

            (b)        EXCLUDED USES OR ACTIVITIES.

 

A land use or activity not set forth in Schedule 21.06-A is not permitted in Business Districts in the Village except that uses and activities which are similar to those which are permitted in a district may be permitted by special use permit.

 

            (c)        DWELLING UNITS.

 

Other provisions of the Ordinance to the contrary notwithstanding, a dwelling unit may be permitted in a business district as follows:

 

1.         In the (B-1) District one (1) attached dwelling unit or lodging room shall be permitted when located above the ground floor, or, if on the ground floor, not less than 50 feet from the front line.

 

                        2.         In a (B-1) District in accordance with Sec. 21.11 (12) (u).

 

                        3.         In a permitted hotel, motel, convent, monastery, parsonage or rectory.

 

            (d)       ENCLOSURE OF OPERATION.

 

All business, servicing or processing shall be conducted within completely enclosed buildings except for:

 

                        1.         Off-street parking or loading.

 

2.         Drive-in type operations when conducted as a lawful permitted special use.

 

3.         Outdoor display or sales activity which is normally associated with the operation of a permitted use or for which a special use permit has been issued.

           

4.         The temporary sale of Christmas trees and Christmas greenery may be conducted in open lots in all Business Districts for a period not to exceed 30 days.

 

            (e)        PERFORMANCE STANDARDS.

 

1.         Performance standards for noise, vibration, smoke and particulate matters, noxious odors, fire and explosion hazard, glare, lighting, heat and radiation shall be as established and enforced by the Village.

 

2.         When doubt exists as to conformance with such standards, a professional opinion shall be obtained before a zoning certificate is issued.

 

            (f)        PARKING LIMITATIONS.

 

1.         Parking of trucks when accessory to the conduct of a permitted use shall be limited to vehicles having not over one and one-half (1½) tons capacity, except for pick-up or delivery services during normal business hours.

 

2.         When a commercial activity requires that a truck in excess of one and one-half (1½) tons capacity be parked in the open within 150 feet of an adjacent residence district line, such parking area shall be screened from view from the residential property by a dense barrier of evergreens which will grow to a height of at least eight (8) feet.

 

            (g)        SCOPE OF OPERATIONS.

 

All business establishments shall be retail trade or service establishments dealing directly with consumers.  Any assembly or production shall be clearly incidental to the basic use.

 

            (h)        SITE PLAN APPROVAL.

 

The Zoning Administrator may not issue a building permit for the development or expansion of any commercial or business establishment until a final site plan has been approved by the Department of Public Works in accordance with Section 21.17 (5) (b).

 

(3)        Special Conditions for Certain Land Uses or Activities in Business Districts.

 

Land uses or activities listed in Schedule 21.06-A "Permitted with Special Conditions" shall not be considered permitted, and the Zoning Administrator shall not issue a zoning certificate for such uses or activities, until applicable conditions, as set forth below, have been complied with or a variance has been granted.

 

            (a)        SALE OF CONVENIENCE GOODS; VARIETY STORE.

 

Permitted when the total floor area devoted to any single establishment does not exceed 5,000 square feet except that the floor area of a grocery store may be increased to not more than 20,000 square feet and a drug store and variety store to not more than 7,000 square feet.

 

            (b)        SPECIFIED RETAIL SALES OR SERVICE ESTABLISHMENT.

 

Permitted when the total floor area devoted to any single establishment does not exceed 5,000 square feet.

 

            (c)        HOBBY SHOP.

 

                        Permitted when:

 

                        1.         Total floor area does not exceed 5,000 square feet.

 

                        2.         Testing or use of items sold or displayed occurs only within the shop.

 

            (d)       BUSINESS OR PROFESSIONAL OFFICE.

 

Permitted when the total ground floor area of any new construction does not exceed 2,000 square feet.

 

            (e)        RENTAL SERVICE FACILITY INCLUDING VEHICLES.

 

                        Permitted when:

 

1.         Outdoor storage areas are located no less than ten (10) feet from any property line.

 

2.         A landscaping plan has been approved for outdoor storage and parking areas.

 

                        3.         Access drives are clearly defined by curbs and are no wider than 24 feet.

 

            (f)        PERSONAL SERVICE FACILITY.

 

                        Permitted when:

 

                        1.         Not more than 5,000 square feet of floor area is devoted to dry cleaning,                                        pressing or laundering processes which are not self-service.

 

            (g)        BATTERY AND TIRE SALES AND SERVICE.

 

                        Permitted when:

 

1.         All storage and servicing occurs within a building and vehicles are not parked outdoors overnight.

 

2.         Access drives to parking and service areas are clearly defined by curbs and are no wider than 24 feet.

 

                        3.         All outside storage is screened from public view.

 

            (h)        DRIVE-IN RESTAURANT INCLUDING DRIVE-THRU FACILITIES.

 

Such facilities shall provide adequate parking and stacking space so that vehicles are not standing in any public street.  The number, size and location of access and egress points shall be approved by the Director of Public Works.

 

            (i)         BAKERY.

 

Permitted when goods processed and prepared on the premises are sold only on the premises.

 

            (j)         CLUB OR LODGE.

 

Permitted when required off-street parking is not located in any front yard nor closer than five (5) feet from any property line.  Landscaping around parking areas and access drives shall be provided.

 

            (k)        FEED STORES.

 

Permitted when there is no outside storage of feed supplies or equipment.  Landscaping of all parking areas shall be provided.

 

            (l)         SECONDHAND STORE AND RUMMAGE SALE.

 

Permitted when there is no outside, overnight storage of furniture, appliances or any other type of material or rummage.

 

            (m)       SIGNS.

 

                        Permitted when they are in compliance with Section 21.14 of this Ordinance.

 

            (n)        BOAT SALES AND REPAIR.

 

                        Permitted when:

 

1.         Parking areas and access thereto are paved and clearly defined by curbing and are landscaped according to district standards or not less than a five (5) foot landscape area.

 

2.        A five (5) foot buffer strip (see Definitions) is planted along all property lines adjacent to a residential district.

 

            (o)        MACHINE, SHEET METAL AND WELDING SHOP.

 

Permitted when any building used for such purposes shall be not more than 5,000 square feet or gross floor area, and operations are within the enclosed building, and glare from the welding operation is not visible from outside the building.

 

            (p)        PUBLIC UTILITY FOR TRANSMISSION OF LOCAL SERVICE.

 

Such utilities shall be placed underground whenever feasible or, when not so placed, shall be located along rear lot lines or in a manner which will cause the minimum adverse visual impact on the Village's streetscape.  Approval of the sitting or such utility lines shall be given by the Department of Public Works.

 

            (q)        TEMPORARY GREENHOUSES.

 

Temporary greenhouse construction shall conform to all appropriate setback requirements.  Temporary greenhouse permits must be obtained from the Zoning Administrator.  Temporary permits shall be in effect for a period not to exceed six months.

 

            (r)        WHOLESALE AND WAREHOUSE FACILITY.

 

                        There shall be no outside storage of materials.

 

(4)        Design Standards for Land Uses in (B-2) Business District.

 

No building or use shall be constructed or established in a (B-2) District unless it conforms to the following design standards:

 

            (a)        LOT SIZE:  Minimum one acre.

 

                        1.         No business may be established on a parcel less than one acre.

 

                        2.         No parcel shall be divided without Village approval.

 

            (b)        LOT WIDTH:  Minimum 170 feet, measured at the setback line.

 

(c)        ROAD FRONTAGE:  All lots must front on a public road or street, and must have at least 100 feet of frontage on said road.

 

(d)       SETBACKS/YARDS:  Front - minimum 50 feet.  Rear - minimum 50 feet.  Side - minimum 20 feet on each side.  The space within the setback shall be used for lawns and landscaped areas and parking lots and shall not be used for buildings, structures, or loading areas.  If front is used for parking, there must be 30 feet of green area.

 

(e)        PARKING AND LOADING AREAS:  On street parking and loading is not permitted within this district.  All customer parking and loading areas shall be paved with asphalt or concrete within two years of occupancy.

 

(f)        OUTSIDE STORAGE:  No outside storage is allowed on the side of the lot abutting the street and/or Highway "41".  All outside storage areas and items stored outside, other than vehicles, shall be completely screened from view with a fence of attractive design.

 

(g)        PARKING:  All customer parking areas and driveways shall be paved with asphalt or concrete and may be located within the setback lines provided there is a minimum of 30' of green area as outlined in (d).  No on-street parking is allowed.  The number of spaces provided shall be adequate for the proposed use as determined by the Plan Commission, but in no case shall spaces provided total less than:

 

1.         One (1) space for every 200 square feet of building area for retail establishments.

 

2.         One (1) space for every 800 square feet of building area for manufacturing and wholesale establishments.

 

(h)        LANDSCAPING:  At least one 2" caliper tree shall be provided in the front yard for each 50 feet of road frontage.  Buildings and parking areas shall be landscaped with trees and shrubs.

 

(i)         EXTERNAL LIGHTING:  No operation, activity, or facility that is illuminated with reflecting lights shall cause glare to vehicles traveling in an adjacent street right-of-way or on any adjacent residential land.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(for future use)

(5)        Schedule 21.06-A       Land Uses or Activities

                                                Business Districts

 

 P = Permitted

SC = Permitted with Special Conditions

SP = Special Use Permit Required

 

                        LAND USE OR ACTIVITY

B-1

B-2

 1.     Antique and craft shop.

SC

SC

 2.     Antique and used furniture sales.

P

P

 3.     Automotive car wash.

SP

SP

 4.     Automobile engine repair, service garage, and vehicle body shop.

SP

SP

 5.     Automotive parts and accessories.

P

P

 6.     Automobile service station.

SP

SP

 7.     Bakery.

SC

SC

 8.     Bank and financial institution, including branch bank and drive-in.

P

P

 9.     Battery and tire sales and service.

SC

SC

10.     Bicycle sales, rental and repair.

P

P

11.     Blueprinting and photostating.

P

P

12.     Boat sales and repair.

SP

SP

13.     Bottling and distribution.

SP

SP

14.     Bulk fuel and ice sales.

SP

SP

15.     Business machine and equipment sales and service.

P

P

16.     Catering establishment.

P

P

17.     Church, chapel, temple, convent, monastery, rectory.

SC

SC

18.     Club or lodge.

SC

SC

19.     Cocktail lounge; tavern.

P

P

20.     Day care facility.

P

P

21.     Drive-in restaurant including drive-thru facilities, i.e., bank, laundry, bakery, etc.

SC

SC

22.     Dry cleaning and laundry facility including linen, towel or diaper service.

SC

SC

   P = Permitted

SC = Permitted with Special Conditions

SP = Special Use Permit Required

 

       

 

                        LAND USE OR ACTIVITY

B-1

B-2

23.     Dwelling units.                                                             

SC

 

24.     Eating and drinking establishments except drive-in restaurants.

P

P

25.     Feed store.

SC

SC

26.     Fraternal, philanthropic and eleemosynary institution.

P

P

27.     Frozen food and locker facility.

P

P

28.     Funeral and undertaking parlor.

SP

SP

29.     Furrier shop.

P

P

30.     Governmental service.

P

P

31.     Greenhouse.

SC

SC

32.     Hobby shop.

SC

SC

33.     Household appliance, radio, and TV sales and service.

P

P

34.     Indoor amusement and recreation facility.

P

P

35.     Indoor cinema or theater.

P

P

36.     Interior decorating.

P

P

37.     Landfill.

SC

SC

38.     Library.

P

P

39.     Liquor store.

P

P

40.     Loan office.

P

P

41.     Machine, sheet metal and welding shop.

SC

SC

42.     Meat and fish market.

P

P

43.     Medical, dental and optical clinic.

P

P

44.     Meeting and exhibition hall.

SC

SC

45.     Motel and hotel; bed & breakfast establishment.

SP

SP

46.     New and used automobile sales.

SP

SP

 

 P = Permitted

SC = Permitted with Special Conditions

SP = Special Use Permit Required

 

                        LAND USE OR ACTIVITY

B-1

B-2

47.    Newspaper office.

P

P

48.    Newsstand.

P

P

49.    Nursery school.

P

P

50.    Outdoor amusement and recreation facility.

SP

SP

51.    Parcel delivery.

P

P

52.    Personal service facility i.e.; barber & beauty shop, tailor shop, self-service laundromat, shoe and clothing repair.

SC

SC

53.     Pet shop.                       

P

P

54.     Photography studio.

P

P

55.     Planned unit development.

SP

SP

56.     Physical culture and health facility; spa.

P

P

57.     Printing and publishing shop.

P

P

58.     Private parking facility not accessory to another use.

SP

SP

59.     Public utility for transmission of local service.

SC

SC

60.     Professional or business office including optical and dental laboratory.

P

P

61.     Radio and TV studio.

P

P

62.     Rental service facility.

SP

SP

63.     Research laboratory.

P

P

64.     Sale and display of art objects, art and school supplies, candy, ice cream; gift shop; picture framing shop.

P

P

65.     Sales and service of plumbing, electrical or heating fixtures and appliances.

P

P

66.     Sales and service of recreation vehicles, motorcycle and similar vehicles.

SP

SP

67.     Sales of building materials.

SP

SP

 

 

 

 


 P = Permitted

SC = Permitted with Special Conditions

SP = Special Use Permit Required

 

                        LAND USE OR ACTIVITY

B-1

B-2

68.     Sale of convenience goods such as groceries, pharmaceutical, sundries, photographic supplies, variety.

P

P

69.     Secondhand store and rummage sale.

P

P

70.     Sign.

SC

SC

71.     Supermarket, department store, variety store; sale of clothes, shoes, furniture, hardware, flowers, jewelry, toys, china and glassware, carpet and floor coverings, luggage and leather goods, dry goods, paint and wallpaper, office supplies, sporting goods.

P

P

72.     Tent and awning sales and production.

P

P

73.     Ticket and travel agency.         

P

P

74.     Upholstering shop.    

P

P

75.     Utility transmission line and substation.*

SC

SC

76.     Veterinary office and animal hospital or grooming shop.

SP

SP

77.     Wholesale and warehouse facility.

SC

SC

 

* Transformers not to be in front yard.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


6)         Schedule 21.06-B       Bulk Requirements

                                                Business Districts

 

 

   DIST.

 

 

LAND USE OR ACTIVITY

 

      MIN. LOT

   WIDTH

         

 

  FRONT

   MINIMUM YARDS*  

 

                     SIDE

 

 

REAR

MAXIMUM

  BUILDING

    HEIGHT

     B-1

All permitted uses except when special conditions or Special Permit provisions state otherwise.

      None

None or compati-

ble with

adjacent

residence district yard require-ments.

None required except:

 

1. If side yard is provided it shall be at least 6 feet.

 

2. 20 feet from an existing street right-of-way.

 

3. 20 feet when adjacent to a residence district.

    25´

3 stories

or 45 feet, whichever is less.

     B-2

All permitted uses except when special conditions or Special Permit provisions state otherwise.

170´ at setback line plus 100´ of road front-age

         50´

20 feet on each side

    50´

3 stories or 45 feet, whichever is less.

 

* Bulk requirements for uses permitted by Special Permit may be modified as Village Board deems appropriate in its review of a proposal.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


SECTION 21.07        INDUSTRIAL DISTRICTS

 

(1)        Intent.

 

            (a)        GENERAL. 

 

The general intent of this Section is to set forth land uses or activities which are permitted in industrial areas in the Village, to specify the zoning district in which each use or activity will be permitted, with or without special conditions, or after a special permit has been granted, and to establish bulk regulations for lots within each district.

 

            (b)        (I-1) AND (I-2) INDUSTRIAL DISTRICTS.

 

The intent of the Industrial Districts is to set forth those land uses and activities which are permitted to provide for industrial and related development within the framework of industrial and manufacturing growth goals of the Village.  It is further intended that regulations in Industrial Districts be such as to prevent intrusion of structures and uses that are inimical to and not compatible with the use of land for desired industrial development.

 

In addition, it is intended that performance standards be established to provide specific controls for governing tolerable levels of emission of noise, smoke, and particulate matter, odors and other potential nuisances and for providing adequate landscaped yards and other open areas in order to maintain the desired environmental qualities within the Industrial Districts and the entire Village and its environs.

 

The distinction between the (I-1) and (I-2) Industrial Districts involves differences in permitted land uses and allowable densities.

 

(2)        General Provisions.

 

            (a)        SCHEDULE OF REGULATIONS.

 

Restrictions and controls for land uses or activities permitted in Industrial Districts, or land uses or activities having special conditions attached to them, or requiring a special permit, are set forth in Schedule 21.07-A.  Regulations for lot size, yards and similar bulk requirements are set forth in Schedule 21.07-B.  Both said schedules are hereby adopted and made part of this Ordinance.

 

            (b)        EXCLUDED USES OR ACTIVITIES.

 

A land use or activity not set forth in Schedule 21.07-A is not permitted in an Industrial District in the Village except that uses and activities which are similar to those which are permitted in a district may be permitted by special use permit.

 

            (c)        ENCLOSURE OF OPERATION.

 

                        All operations shall be conducted within completely enclosed buildings except:

 

1.         Off-street parking and off-street loading when conforming with regulations set forth in this Ordinance.

 

2.         Establishments of the drive-in type offering goods and services to customers waiting in parked automobiles.

 

3.         Servicing, repairing, testing, cleaning and other operations of railroads and other transportation facilities customarily conducted out-of-doors.

 

4.         Storage and testing areas located not less than 500 feet from a Residential District.  Such areas, when located within 500 feet of a Residential District, shall be completely enclosed behind a solid fence or wall or chain-link fence faced with dense plantings of trees or shrubs which in the case of a wall or fence shall be not less than six (6) feet or more than eight (8) feet in height.

 

5.         Other uses customarily conducted in the out-of-doors such as open sales lots for retail sales and out-of-doors recreation facilities.  Such facilities shall be clearly incidental and secondary to the manufacturing use.

 

            (d)       SETBACKS ALONG DISTRICT LINES.

 

1.         In an (I-1) or (I-2) District no building or structure, the principal use of which is manufacturing, fabricating, assembly, repairing, cleaning, servicing or testing of materials, products or goods, shall be located less than 50 feet from a Residential or Mobile Home District boundary line or residential property line.  All buildings and accessory uses shall be setback at least 50 feet from street rights-of-way.

 

2.         Off-street parking and permitted outdoor storage may be located in such setback areas except that no parking or storage shall be located less than 30 feet from a lot line adjoining a street.

 

3.         From an interior lot line, which line is also a boundary of a Residential or Mobile Home District or residential property line, all off-street parking or outdoor storage shall be effectively screened from its residential neighbors by a buffer strip at least twelve (12) feet wide and planted with trees and shrubs that provide an effective visual screen.

 

4.         When industrial buildings or structures which exist on the effective date of this Ordinance have setbacks from a Residential or Mobile Home District or residential property line of less dimension than is required herein, any expansion of said buildings or structures shall, in lieu of the above requirements, be required to provide setbacks from its residential neighbors as determined by the Department of Public Works in its site plan review.

 

            (e)        SITE PLAN APPROVAL.

 

No land use or activity in an Industrial District may be developed or expanded without a building permit issued by the Zoning Administrator under the rules and regulations contained in this Section.  The Zoning Administrator may not issue a building permit for the development or expansion of any permitted use in any Industrial District until a final site plan has been approved by the Department of Public Works in accordance with this Ordinance.

 

            (f)        EXISTING SETBACK LINES.

 

Where existing setback lines are less than required by this code, such setbacks may be continued so long as all parking, loading, and screening requirements can be met for the total development.

 

(3)        Special Conditions for Certain Land Uses or Activities in Industrial Districts.

 

Land uses or activities listed in Schedule 21.07-A as being "Permitted with Special Conditions" shall not be considered permitted, and the Zoning Administrator shall not issue a building permit for such uses or activities, until applicable conditions, as set forth below, have been complied with or a variance has been granted.

 

            (a)        TEMPORARY BUILDING OR FENCE.

 

Permitted for construction purposes for a period not to exceed such construction and hen located on the same lot where such construction is being undertaken or a lot contiguous thereto.

 

            (b)        SIGN.

 

                        Permitted when they are in compliance with Section 21.14 of this Ordinance.

 

(c)        MANUFACTURING, FABRICATING, ASSEMBLY, REPAIR, STORAGE, PROCESSING, CLEANING, SERVICING AND TESTING ESTABLISHMENTS.

 

                        Permitted in an (I-1) or (I-2) District only when:

 

1.         Such land use or activity is in compliance with applicable performance standards for noise, vibration, smoke and particulate matter, toxic matter, noxious and odorous matters, fire and explosion hazard, glare and heat, radiation hazard and similar standards as administered by the Village.

 

2.         Any use involving the storage, use or manufacture of materials or products which decompose by detonation has been specifically licensed by the Village Board or is customarily incidental to the operation of a principal use and in conformance with applicable performance standards set by the Village.

 

            (d)       ABOVE GROUND STORAGE OF FLAMMABLE LIQUIDS OR MATERIAL.

 

Permitted by special use in the (I-1) and (I-2) Districts only when such use has been reviewed and approved by the North Fond du Lac Fire Department.

 

            (e)        WATCHMAN'S DWELLING.

 

Permitted in an (I-1) and (I-2) District if such dwelling is located on the premises where the said watchman is employed.

 

            (f)        LABOR HALL AND OFFICE.

 

Off-street parking shall be provided for each four (4) seats or ninety (90) lineal inches of seating space in the main assembly hall.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(for future use)

(4)        Schedule 21.07-A       Land Uses or Activities Industrial Districts

 

 P = Permitted

SC = Permitted with Special Conditions

SP = Special Use Permit Required

 

                        LAND USE OR ACTIVITY

I-1

I-2

 1. Above ground storage of flammable liquids or materials.

SP

SP

 2. Ambulance service.

P

P

 3. Asphalt, coal, or tar manufacture.

SP

 

 4. Archery range, golf driving range, ice skating rink.

SP

SP

 5. Bottling works.

P

P

 6. Car wash.

P

P

 7. Cement, lime, gypsum manufacture.

SP

P

 8. Cemetery monument creation and sales.

SP

P

 9. Contractor's facility, including material and equipment storage.

P

P

10. Express and parcel delivery.

P

P

11. Feed manufacture.

P

P

12. Fuel and ice retail sales

P

P

13. Governmental service.

SP

SP

14. Greenhouse and nursery.

P

P

15. Heliport.

SP

SP

16. Knitting mills.

SC

SC

17. Labor hall and office.

SC

SC

18. Landfilling.

SC

SC

19. Laundry.

P

P

20. Lumberyard, mill work.

P

P

21. Mail order house.

P

P

 

 

 

 

 P = Permitted

SC = Permitted with Special Conditions

SP = Special Use Permit Required

 

                        LAND USE OR ACTIVITY

I-1

I-2

22. Manufacturing, fabricating, assembly, repair, storage, processing, cleaning, servicing and testing establishment.

SC

SC

23. Milk distribution sales.

P

P

24. Miniature or par-3 golf, Go-kart track.

SP

SP

25. Mining, quarrying or extraction of sand, gravel, soil or other aggregate.

SP

SP

26. Motor freight terminal, air and rail freight terminal.        

SP

SP

27. Offices with accessory research, testing, warehousing, fabricating or assembly.

SP

SP

28. Off-street parking.

P

P

29. Packing and crating.