A.
Jurisdiction. The jurisdiction of this chapter shall
apply to all structures, lands, water and air within the corporate
limits of the Village of Theresa.
B.
Compliance. No new structure, new use of land, water
or air or change in the use of land, water or air shall hereafter
be permitted and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted or structurally
altered without a zoning permit and without full compliance with the
provisions of this chapter and all other applicable local, county
and state regulations.
C.
District regulations to be complied with. Except as
otherwise provided, the use and height of buildings hereafter erected,
converted, moved, enlarged or structurally altered and the use of
any land shall be in compliance with the regulations established herein
for the district in which such building or land is located.
D.
Yard reduction or joint use.
(1)
No lot, yard, parking area, building area or other
space shall be reduced in area or dimension so as not to meet the
provisions of this chapter. No part of any lot, yard, parking area
or other space required for a structure or use shall be used for any
other structure or use.
(2)
No part of a yard or other open space provided about
any building for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard or other open space
required for another building.
E.
One main building per lot. Every building hereafter
erected, converted, enlarged or structurally altered shall be located
on a lot, and in no case shall there be more than one main building
on one lot.
F.
Lots abutting more restrictive district. Any side
yard, rear yard or court abutting a district boundary line shall have
a minimum width and depth in the less restricted district equal to
the average of the required minimum widths and depths for such yards
and courts in the two districts which abut the district boundary line.
Only the following uses and their essential
services may be allowed in any district:
A.
Permitted uses. Permitted uses, being the principal
uses, specified for a district.
B.
Accessory uses. Accessory uses and structures as specified
are permitted in any district but not until their principal structure
is present or under construction.
C.
Conditional uses.
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board in accordance with Article V of this chapter, excepting those existent at time of adoption of this chapter.
(2)
Those existing uses which are classified as conditional
uses for the district(s) in which they are located at the time of
adoption of this chapter require no action by the Village Board for
them to continue as valid conditional uses, and the same shall be
deemed to be regular conditional uses.
(3)
Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(4)
A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case, the reestablishment of any previous conditional use(s), or establishment of a new conditional use(s), shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(5)
Limited conditional uses authorized by Village Board
resolution shall be established for a period of time to a time certain
or until a future happening or event at which the same shall terminate.
D.
Uses not specified.
(1)
Uses not specified in this chapter which are found
by the Village Board to be sufficiently similar to specified permitted
uses for a district shall be allowed by the Zoning Administrator.
(2)
Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board after consideration and recommendation by the Village Board, public hearing and approval in accordance with Article V of this chapter.
A.
Street frontage. All lots shall abut upon a public
street or other officially approved means of access, and each lot
shall have a minimum frontage of 40 feet; however, to be buildable,
the 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 principal structure shall be located,
erected or moved onto a lot. The Village Board may permit as a conditional
use more than one principal structure per lot in any district where
more than one such structure is needed for the orderly development
of the parcel. Where additional structures are permitted, the Village
Board may impose additional yard requirements, landscaping requirements
or parking requirements or require a minimum separation distance between
principal structures.
C.
Dedicated street. No zoning permit shall be issued
for a lot which abuts a public street dedicated to only a portion
of its proposed width and located on that side thereof from which
the required dedication has not been secured.
D.
Lots abutting more restrictive districts. The street
yard setbacks in the less restrictive district shall be modified for
a distance of not less than 60 feet from the more restrictive district
boundary line so such street yard setbacks shall be no less than the
average of the street yards required in both districts.[1]
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 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 Village Board,
in applying the provisions of the subsection, 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 Village Board may affirm, modify or withdraw its determination
of unsuitability.
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 1 1/2 horizontal
to one vertical, within a distance of 20 feet from the property line,
except with the written consent of the owner of the abutting property
and with the approval of the Village Board, 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. For purposes of this chapter, decks and porches
shall be considered a part of a building or structure.
H.
Corner side yards. The required side yard on the street
side of corner lots shall be at least 50% greater than the minimum
specified for the district.
A.
Height. The regulations contained herein relating
to the height of buildings and the size of yards and other open spaces
shall be subject to the following exceptions:
(1)
Churches, schools, hospitals, sanitoriums and other
public and quasi-public buildings may be erected to a height not exceeding
60 feet nor five stories, provided that the front, side and rear yards
required in the district in which such building is to be located are
each increased at least one foot for each foot of additional building
height above the height limit otherwise established for the district
in which such building is to be located.
(2)
Chimneys, cooling towers, elevator bulkheads, fire
towers, monuments, penthouses, stacks, scenery lofts, tanks, water
towers, ornamental towers, spires, wireless, television or broadcasting
towers, masts or aerials, microwave radio relay structures, telephone,
telegraph and power poles and lines and necessary mechanical appurtenances
are hereby excepted from the height regulations of this chapter and
may be erected in accordance with other regulations or codes of the
Village.
(3)
Every part of a required yard shall be open to the
sky, unobstructed, except for accessory buildings in a rear yard and
the ordinary projections of sills, belt courses, cornices and ornamental
features projecting not more than 36 inches.
(4)
Open or enclosed fire escapes and fire towers may
project into a required yard not more than five feet and into a required
court not more than 3 1/2 feet, provided that they are so located
as not to obstruct light and ventilation.
B.
Additions. Additions in the street yards of existing
structures shall not project beyond the average of the existing street
yards on the abutting lots or parcels.
A.
Minimum area and width. Except as otherwise specifically
required or permitted, the minimum lot area shall be 12,000 square
feet, excluding the road right-of-way, and a minimum lot width of
80 feet at the building setback line and at the water's edge.[1]
B.
Side yards. There shall be a side yard for each main
building, except as otherwise noted. The minimum width of one side
yard shall be eight feet. The minimum aggregate width of both sides
shall be 20 feet.
C.
Street setbacks.
(1)
Setback restrictions. No new building or other new
structure or part thereof shall be placed between the setback lines
established by this chapter and the street except as provided by this
chapter, and no building or structure or part thereof existing within
such setback lines on the original effective date of this chapter
shall be altered, enlarged, or added to in any way that increases
or prolongs the permanency thereof, or be reconstructed in its original
existing location after having been destroyed by fire, storm or other
catastrophe to the extent of 50% or more of its last assessed value.
(2)
Plantings. This Subsection C shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees; provided, however, that no building or structure, trees or shrubbery shall be located, maintained or permitted to grow so that the sight distance across the intersection is obstructed.
(3)
Exceptions. The following kinds of structures may
be placed between the setback line and the street right-of-way:
(a)
Open fences.
(b)
Telephone, telegraph and power transmission
poles and lines and microwave radio relay structures.
(c)
Underground structures not capable of being
used as foundations for future prohibited aboveground structures.
(d)
Access or service roads constructed according
to plans as approved by the Village Board. In giving such approval
the Village Board shall give due consideration to traffic safety and
maximum sight distances.
(4)
Setback conflicts. In cases where the provisions of
this chapter may be interpreted to provide for different setback distances,
the greater setback distance shall prevail.
D.
Front yard or street setback. Except as otherwise permitted, there shall be a front yard of not less than 25 feet from the right-of-way line (see definition of "street yard" in § 350-110), except that where a lot is located between two lots, each of which has a principal building located thereon, the front yard requirement on such lot shall not be less than the average front yard established by the existing buildings. Where a lot adjoins only one lot having a principal building located thereon, the front yard requirement shall not be less than the average setback between said existing building and the twenty-five-foot setback prescribed herein. However, in no case shall a setback of more than 50 feet be required. Corner lots shall maintain the required street setback along both street frontages.
E.
Rear yard. There shall be a rear yard for each main
building of not less than 25 feet in depth, unless otherwise permitted.
F.
Accessory buildings and structures. Any accessory
building or structure shall be located in the rear yard of the lot.
G.
Shore setback. Every structure, except those allowed in the CO Conservancy District, shall be at least 75 feet from a navigable body of water, unless constructed in accordance with Subsection H(4) below.
H.
Building setbacks from the water. For lots that abut
on navigable waters:
(1)
There shall be setbacks from both the street and the
water.
(2)
All buildings and structures, except piers, wharves
and boathouses, shall be set back at least 75 feet from all points
along the normal high-water line and two feet above the one-hundred-year
flood elevation unless otherwise specified by this chapter.
(3)
The Zoning Administrator shall determine the normal
high-water elevation or line where not established.
[Amended 8-1-2005 by Ord. No. 1-10]
(4)
A setback from water less than the setback required
may be permitted where there are at least five existing main buildings
within 500 feet of the proposed site that are built to less than the
required setback. In such cases the setback shall be the average of
the nearest main buildings on each side of the proposed site or, if
there is no building on one side, the average of the setback from
the main building on one side and the required setback. In no case
shall the required setback be reduced to less than 25 feet.
I.
Special geographic area. For the purposes of this
chapter, the following shall be considered a special geographic area
within the Village of Theresa:
[Added 9-11-2006]
|
Name of Street
|
Location
|
Side
| |
|---|---|---|---|
|
Church Street
|
Rock River Street to southern terminus
|
Both
| |
|
Rock River Street
|
Wisconsin Street to Mill Street
|
Both
| |
|
Menomonee Street
|
Rock River Street to Milwaukee Street
|
Both
| |
|
Bonduel Street
|
Wisconsin Street to eastern terminus
|
Both
| |
|
Henni Street
|
Wisconsin Street to Menomonee Street
|
Both
| |
|
Mill Street
|
Rock River Street to Henni Street
|
Both
| |
|
Wisconsin Street
|
Rock River Street to southern terminus
|
East
| |
|
Milwaukee Street
|
Menomonee Street to the river
|
Both
| |
|
Mayville Street
|
Milwaukee Street to Willow Street
|
South
|
J.
The following exceptions to this chapter pertain solely
to the special geographic area designated above:
[Added 9-11-2006]
(1)
Minimum area and width. Unless otherwise specifically
required or permitted, the minimum lot area shall be 10,000 square
feet, excluding the road right-of-way, and a minimum lot width of
60 feet at the building setback line and at the water's edge.
(2)
For a building or structure destroyed by fire, storm
or other catastrophe to the extent 50% or more of its last assessed
value:
(a)
The existing lot size and setback will be acceptable
for rebuilding on the existing foundational footprint.
(b)
Side yards: requirements waived if building
or structure is rebuilt on the existing foundational footprint.
(c)
Setback restrictions: requirements waived if
building or structure is rebuilt on the existing foundational footprint.
(3)
On an existing lot, for new construction of a building
or structure not due to fire, storm or other catastrophe, only the
following exceptions apply:
A.
The applicant shall submit the following information
with the application for a permit to the Zoning Administrator:
(1)
Plans for the proposed project showing and including
the following information:
(a)
A description of the general and specific nature
and extent of the project.
(b)
A scaled, accurate map of the area of the project
showing contours, if appropriate, soil types, high-water marks, nature
of vegetative cover and specification of the location and extent of
proposed filling, dredging and/or drainage.
(2)
An impact study which includes an assessment of the
impact of the project on:
(a)
Wildlife on the site as well as in the general
area;
(b)
Erosion, sedimentation, siltation, drainage
and water quality on the site as well as in the general area;
(c)
Flood storage and water retention capacity;
(d)
Vegetation;
(e)
Scientific, educational and historic values
on the site and/or in the area; and
(f)
A thorough statement of the need and justification
to drain, fill and/or dredge the wetland in questionable situations.
B.
A copy of all submitted information shall immediately
be sent to the local office of the Wisconsin Department of Natural
Resources along with a request for comment. The Village Board shall
await the Department of Natural Resources' reply for up to 30 days
before making a decision.
A.
Purpose. It is recognized that there are some uses
which, because of their very nature, are recognized as having serious
objectionable operations characteristics, particularly when several
of them are concentrated under certain circumstances, thereby having
a deleterious effect upon the adjacent areas. Special regulation of
these uses is necessary to ensure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding
neighborhood. Uses subject to these controls are as follows:
C.
Purpose and intent. It is declared to be the purpose
and intent of this section to protect the public health, safety, welfare
and morals of the community, to promote the stability of property
values, and to impose restrictions upon those activities which pander
to gross sexuality in a manner that would detract from the neighborhood,
adversely affect the property values, increase crime and violence,
and be repugnant to the morals of the community. In recognition of
the protection afforded to citizens under the First and Fourteenth
Amendments, it is not the intent of this section to inhibit freedom
of speech or the press.
D.
ADULT BOOKSTORE
ADULT MINI MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
CABARET
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. For the purpose of this section, the
following terms shall have the meaning indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas or an establishment with a segment or section devoted
to the sale or display of such material.
Any structure with a capacity of fewer than 50 persons used
for presenting materials distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons therein.
Any structure with a capacity of 50 or more persons used
for presenting materials distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons therein.
An establishment which features or permits topless dancers,
bottomless dancers, strippers or persons engaged in specified sexual
activities or similar entertainers.
E.
Waiver of fifty-foot and one-thousand-foot limitations. The Village Board may waive the fifty-foot and one-thousand-foot requirements described in Subsection B. A request for a waiver shall be submitted in writing to the Village Clerk-Treasurer. No waiver shall be granted unless it is found that the proposed use will not be contrary to the public interest or injurious to nearby properties and also that the spirit and intent of this section will be observed.
F.
Severability. This section shall be liberally construed
to accomplish its intended purposes. If a court of competent jurisdiction
determines that any subsection or provision is invalid or illegal,
the court is authorized to substitute reasonable language in order
to preserve the intended purposes of this section. All rights are
reserved by the Village.
