Village of Sauk City, WI
Sauk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Sauk City 11-29-2005 by Ord. No. 2005-5. Amendments noted where applicable.]
GENERAL REFERENCES
Comprehensive Plan — See Ch. 335.
Floodplain zoning — See Ch. 345.
Land division — See Ch. 350.
Shoreland-wetland zoning — See Ch. 358.
Zoning — See Ch. 365.
340a Zoning Map

§ 340-1 Purpose; severability.

A. 
The purpose of this extraterritorial zoning ordinance ("ETZ Ordinance") is to promote the public health, safety and general welfare and to provide appropriate and necessary land use controls within the extraterritorial area of the Village of Sauk City in the Town of Prairie du Sac, consistent with a Comprehensive Plan for the orderly development of the Village and its environs.
B. 
Among other purposes, such provisions are intended to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to aid in conserving and stabilizing the economic values of the community; to promote the orderly development of land; to preserve and promote the general attractiveness and character of the community environment; to guide the proper distribution and location of population and of the various land uses; and otherwise to provide for the healthy and prosperous growth of the community. Whenever the provisions of this ETZ Ordinance shall conflict with any state statute, local ordinance or regulation or any existing easement, covenant or agreement, or any permit previously issued pursuant to law applicable to the use of any land or structure in the area specified in § 340-2, the more stringent law, ordinance, regulation, restriction or requirement shall govern.
C. 
The several provisions of this ETZ Ordinance are severable. If any provision of this ETZ Ordinance is adjudged to be invalid or ineffective as to any portion of the territory described, such judgment shall not affect the remainder of this ETZ Ordinance or its application to the remaining portion of the described territory.

§ 340-2 Applicability.

The area subject to the provisions of this ETZ Ordinance is shown on the map appended to this ETZ Ordinance as Exhibit A.

§ 340-3 Zoning districts.

Restrictions and procedures for zoning districts are provided as follows:
A. 
Agricultural Transition District (A-T).
B. 
Agricultural Holding District (A-H).
C. 
Agricultural Preservation District (A-P).

§ 340-4 Official Zoning Map for extraterritorial jurisdiction.

The boundaries of the districts are established as shown on the map titled "Village of Sauk City Zoning Map, Extraterritorial Jurisdiction," which map is on file with the Village Administrator and made a part of this ETZ Ordinance. All notations, references, data, district boundaries and other information shown on the map are as much a part of this ETZ Ordinance as if specifically described herein. The map shall be certified by the Village Board President and attested by the Village Administrator. Any changes in zoning district boundaries within the extraterritorial jurisdiction shall be recorded on the map. No such change shall be effective until a duly certified and attested certificate describing the changes is filed with the map.

§ 340-5 Violations.

No land, building, structure or premises shall be used and no building or part thereof or other structure shall be located, erected, moved, reconstructed, extended, enlarged or altered except in compliance with the regulations herein specified for the district in which it is located. In case of any violation, the Village Board, the Village Administrator, the Village Attorney, the Village Plan Commission, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this ETZ Ordinance.

§ 340-6 Amendments.

The Village Board may amend this ETZ Ordinance following the procedures prescribed by § 62.23(7)(a), Wis. Stats.

§ 340-7 Nonconforming uses.

The provisions of Chapter 365, Zoning, of the Village Code with respect to nonconforming uses shall be applicable to the territory subject to this ETZ Ordinance (see § 340-2 above) as of the effective date of this ETZ Ordinance.

§ 340-8 Agricultural Transition (A-T) District.

A. 
Definition. The A-T area is the unincorporated area contiguous to the Village of Sauk City. This area is expected to be annexed to the Village, perhaps within the next five to 10 years from the effective date of this ETZ Ordinance.
B. 
Purpose. Lands in this zoning district must be annexed in order to be developed. Any rezoning in this district will be contingent on annexation, extension of Village utilities and services and development under Chapter 350, Land Division, and Chapter 365, Zoning, of the Village Code. Because of the area's imminent development, any improvements other than those consistent with permitted uses to this area will infringe on the proper and orderly annexation and development of the property and therefore will not be allowed. The only permissible uses in this area prior to annexation are those that maintain agricultural lands, woodlands, and wetlands.
C. 
Permitted uses.
(1) 
General farming and related buildings.
(a) 
Dairying.
(b) 
Raising of poultry and livestock.
(c) 
Grazing.
(d) 
Raising of grain, grass, vegetables, seed crops, nuts, berries and fruit.
(e) 
Beekeeping.
(2) 
Forestry and nursery uses.
(3) 
Farmstead residences.
D. 
Conditional uses.
(1) 
Seasonal produce stands (one per farm).
(2) 
Public parks, preserves and open spaces.
(3) 
Historic sites.

§ 340-9 Agricultural Holding (A-H) District.

A. 
Definition. The A-H area is contiguous to the A-T area and is anticipated to be rezoned to A-T prior to being annexed into the Village for development. This area is expected to be annexed to the Village and developed within 10 to 20 years from the effective date of this ETZ Ordinance.
B. 
Purpose. Because this area is not expected to be developed for 10 to 20 years, a greater range of agricultural-related activities is permitted in this district than in the A-T Zoning District. However, it is expected that no intensive land uses will occur until such time as annexation and the provision of Village utilities.
C. 
Permitted uses.
(1) 
General farming.
(a) 
Dairying.
(b) 
Raising of poultry and livestock.
(c) 
Grazing.
(d) 
Raising of grain, grass, vegetables, seed crops, nuts, berries and fruit.
(e) 
Beekeeping.
(2) 
Seasonal produce stands (one per farm).
(3) 
Homestead residences.
(4) 
Airports.
(5) 
Public parks, preserves and open spaces.
(6) 
Historic sites.
D. 
Conditional uses.
(1) 
Second farmstead dwelling if used as part of the original farmstead operation.
(2) 
Home occupations that do not result in additional traffic or parking.
(3) 
Cemeteries.
(4) 
Bed-and-breakfast establishments that are a part of an existing home for expansion of any existing business.
E. 
Standards for rezoning. Those areas contiguous to the A-T Zoning District shall be rezoned as additional A-T areas are annexed to the Village and as additional A-T area is needed.

§ 340-10 Agricultural Preservation (A-P) District.

A. 
Definition. This area is prime farmland and/or is not expected to be developed within 20 years from the effective date of this ETZ Ordinance.
B. 
Purpose. This land is to be preserved in agricultural and open space uses. Because it is anticipated it will not be developed for 20 years, this allows a greater variation of agricultural uses than the A-T or A-H District. This land must first be zoned as A-H then A-T and annexed into the Village as an extension of Village utility services.
C. 
Permitted uses.
(1) 
General farming.
(a) 
Dairying.
(b) 
Raising of poultry and livestock.
(c) 
Grazing.
(d) 
Raising of grain, grass, vegetables, seed crops, nuts, berries and fruit.
(e) 
Beekeeping.
(2) 
Forestry and nursery uses.
(3) 
Seasonal produce stands (one per farm).
(4) 
Farmstead residences.
(5) 
Second farmstead residence if use related to the original farm operations.
(6) 
Public parks, preserves, and open space.
(7) 
Historic sites.
D. 
Conditional uses.
(1) 
Single-family residences (one per 35 acres).
(2) 
Commercial feed lots and poultry facilities.
(3) 
Fish and fur farms.
(4) 
Home occupations.
(5) 
Bed-and-breakfast establishments that are part of an existing structure.
(6) 
Outdoor recreational facilities.
(7) 
Cemeteries.
(8) 
Airports.
(9) 
Government facilities.
(10) 
Expansion of existing business.
E. 
Standards for rezoning. Those areas contiguous to the A-H Zoning District shall be rezoned as additional A-H areas are rezoned to A-T and as additional A-H area is needed.

§ 340-11 Administration.

A. 
Enforcement by Joint Committee.[1] The Joint Committee shall enforce this ETZ Ordinance in accordance with the administrative provisions of the Village, state and this ETZ Ordinance.
[1]
Editor's Note: See also § 340-13.
B. 
Zoning permits. A zoning permit is required under the conditions set forth in Chapter 365, Zoning. The zoning permit requirements of Chapter 365, Zoning, shall apply to this ETZ Ordinance.
C. 
Joint Committee to act. The Joint Committee shall act upon all such applications on which it is authorized to act by the provisions of this ETZ Ordinance within the next two meetings but not more than 90 days from when the application is filed in full compliance with all the applicable requirements. The Joint Committee shall either issue a zoning permit within such time period or notify the applicant in writing of its refusal of such permit and the reasons therefor. Failure to notify the applicant within such time period shall result in a refusal of a zoning permit unless the applicant consents to an extension of time.
D. 
Fees. Fees for zoning permits shall be based on a schedule established by resolution of the Joint Committee and adopted by resolution of the Village Board.

§ 340-12 Board of Extraterritorial Zoning Appeals.

A. 
Establishment. A Board of Extraterritorial Zoning Appeals shall act as the board of zoning appeals in the administration of this ETZ Ordinance. Said Board of Extraterritorial Zoning Appeals shall consist of five members, three of whom shall be appointed by the Village President and shall be Village residents, and two of whom shall be appointed by the Town of Prairie du Sac Chairperson and shall be residents of the Town of Prairie du Sac. Initially, terms shall be one, two and three years, respectively, for Village members and one and two years, respectively, for Town members. Thereafter, the terms shall be three years, expiring on the third Tuesday of April in the third year of the term. No more than one member of the Joint Extraterritorial Committee shall serve as one of the five members.
B. 
Procedure, quorum, and voting. The provisions of the Village Municipal Code and § 62.23(7)(e), Wis. Stats., shall control the procedure and voting, and such sections are adopted by reference herein as though set forth in full.
C. 
Applications, appeals, hearings and stay of proceedings. Insofar as applicable, the provisions regarding the Board of Appeals set forth in Chapter 365, Zoning, shall apply to the administration of this ETZ Ordinance.
D. 
Powers of the Board of Extraterritorial Zoning Appeals. The Board of Extraterritorial Zoning Appeals shall review appeals of decisions made by the Joint Committee. The Board of Extraterritorial Zoning Appeals does not conduct a de novo review of the matter being appealed but rather completes a review of the record established by the Joint Committee to determine whether the Joint Committee's actions were consistent with the procedures and discretion granted to the Joint Committee under this ETZ Ordinance. If the Board of Extraterritorial Zoning Appeals determines that the Joint Committee's actions were not consistent with the procedures and discretion granted to the Joint Committee under this ETZ Ordinance, then the Board of Extraterritorial Zoning Appeals shall remand the matter to the Joint Committee with instructions. The Joint Committee will be then correct the error identified by the Board of Extraterritorial Zoning Appeals and issue a final decision.

§ 340-13 Joint Extraterritorial Committee.

A. 
Creation. The Joint Extraterritorial Committee ("Joint Committee") shall be created as provided by § 62.23(7a), Wis. Stats.
B. 
Powers and duties. The Joint Committee shall possess the powers and duties prescribed in § 62.23(7a), Wis. Stats., and such other powers and duties as shall be vested in it from time to time by the Village Board.
C. 
Rules and reports. The Joint Committee may adopt rules governing its own proceedings. The Joint Committee shall make a full report in writing to the Village Board and the Town Board of its transactions and expenditures, if any, for the preceding year, with such general recommendations as to matters covered by its prescribed duties and authority as may to it seem proper. This annual report shall be filed with the Village and the Town no later than March 1 of each year.
D. 
Meetings. The Joint Committee shall elect a Chairperson and Secretary and shall keep a written report of its proceedings, to include all actions taken, a copy of which shall be filed with the Village Administrator and Town Clerk. Four members shall constitute a quorum, but all actions shall require the affirmative approval of a majority of the members, except for decisions on perfunctory matters which shall require a majority vote of those present and voting. (That is, of the six members, four members are the majority. It will take four votes for approval by the majority. If only four members are present, all four must agree for approval to be effective.)
E. 
Staff. The Joint Committee shall utilize the services of existing Village and Town officials and employees.

§ 340-14 District changes and regulation amendments.

A. 
The provisions of this section, rather than the provisions of Chapter 365, Zoning, apply within the areas included within the Village's extraterritorial zoning jurisdiction, which areas are described in § 340-2. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Village Board may, by ordinance, after recommendation thereon by the Joint Committee and subject to the procedure provided in this section, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this ETZ Ordinance or amendments thereto. The Joint Committee shall submit its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by the Joint Committee on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this ETZ Ordinance.
B. 
In addition to the consideration of those factors stated above, the Joint Committee in considering requests for changes in district boundaries and the Village Board in its determinations may consider the following factors:
(1) 
The development will favorably or adversely affect the provision of municipal services, including sewer, water, electric, transportation (roads), emergency services (fire and ambulance), and schools.
(2) 
Development in the manner proposed will have a favorable or unfavorable impact in the environment.
(3) 
The development will favorably or adversely affect other persons or property.
(4) 
The development is in furtherance of or contradictory to objections and policies established in the extraterritorial zoning area.
(5) 
The development will aid or interfere with the ability of the Village and the Town of Prairie du Sac to achieve the objectives set forth as goals for the extraterritorial zoning area.
(6) 
The development shall be consistent with the Village's Comprehensive Plan and its revisions.
C. 
Recommendations and reports. Any proposed change of the regulations, district boundaries or classifications of property, before an action by the Village Board, shall first be submitted to the Joint Committee for recommendation and report. The Joint Committee and the Village Board shall hold a hearing on the proposed changes after giving notice as provided herein. The Joint Committee recommendation on the proposed changes shall be submitted to the Village Board with the understanding that the Village Board shall not adopt an amendment to the plan and regulations unless the proposed amendment thereto receives a favorable vote of four of the six members of the Joint Committee.
D. 
Procedure for change. Application for any change of district boundaries or classifications of property as shown on the Zoning Map, and for regulation amendments, shall be submitted to the Joint Committee upon such forms and accompanied by such data and information as may be prescribed for that purpose by the Joint Committee so as to assure the fullest, most practicable presentation of facts for the permanent records. Such data shall include a plat map drawn to scale of not smaller than 100 feet per inch showing the land in question, its location, the length and location of each boundary thereof, the location and existing use of all buildings and the principal use of all properties within 100 feet of such land. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. Applications for amendments or district changes initiated by the Joint Committee itself shall be accompanied by its own motion pertaining to such proposed amendment.
E. 
List of property owners. Any person desiring a change in the zoning classification of property shall file with the application for such a change a statement giving the names and addresses of the owners of all properties lying within 300 feet of any part of the exterior boundaries of the premises and the zoning classification which is proposed to be changed.
F. 
Hearing; public notice. Before submitting the recommendations on a proposed amendment to the Village Board, the Joint Committee shall hold at least one public hearing thereon, notice of which shall be given by publication once in a newspaper of general circulation in the extraterritorial jurisdiction area at least 15 days before the date of such hearing. The notice shall state the place and time at which the proposed amendment to this ETZ Ordinance, including text and maps, may be examined.
G. 
Certification of recommendation. Following such hearing, the Joint Committee may recommend that the application be granted as requested, or may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. These recommendations shall be determined as provided for above and shall then be certified to the Village Board.
H. 
Village Board hearing. After receiving from the Joint Committee the certification of such recommendations on the proposed amendment and before adoption of such amendment, the Village Board shall hold a public hearing thereon, upon publication of a Class 2 notice under Ch. 985, Wis. Stats., of the time and place of such hearing.
I. 
Final action by Village Board. Following such hearing, after receiving the recommendations of the Joint Committee thereon, the Village Board shall consider such recommendations and vote on the passage of the proposed amendment to the text of this ETZ Ordinance and/or on the Official Zoning Map for Extraterritorial Jurisdiction. Subject to the limitation set forth below, the Village Board may adopt or reject the recommendation of the Joint Committee by a simple majority of the Village Board. In recognition of the Joint Committee's expertise with respect to the area subject to the ETZ Ordinance, as well as the public benefits of joint land use planning afforded by this ETZ Ordinance, the Village Board agrees to and shall not adopt an amendment to the plan and regulations in the ETZ area unless the proposed amendment thereto receives a favorable vote of the majority of the six members of the Joint Committee. In the event of a protest against such district change or regulation amendment, signed and acknowledged by the owners of 20% or more of the areas of land included in such proposed change, or by the owners of 20% or more of the area of land immediately adjacent, extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendments shall not become effective except by the favorable vote of 3/4 quarters of the members of the Village Board. Such protests, to be effective under this section, shall be filed with the Village Administrator or Joint Committee prior to the conclusion of the public hearing before the Village Board.
J. 
Fees. Each application for a zoning amendment, except those initiated by the Joint Committee, shall be accompanied by a check payable to the Village of Sauk City or a cash payment sufficient to cover the costs of publishing, posting and/or mailing notices of hearing, as well as such fees established by resolution of the Village Board.

§ 340-15 Conditional uses.

A. 
General. Conditional uses are uses the nature, character or circumstances of which are so unique, or so dependent upon the specific contemporary conditions, that predetermination of permissibility by right, or the detailing in the chapter of the specific standards, regulations or conditions necessary or appropriate to such permissibility, is not practical but which may be permitted in the districts where listed subject to certain conditions and requirements as hereinafter specified.
B. 
Approval required. Uses listed as conditional uses may be permitted in the district in which listed upon petition for such grant to the Joint Committee and subject to the approval of the Joint Committee and the Village Board and to such other conditions as hereinafter stated.
C. 
Basis of approval.
(1) 
The Joint Committee and the Village Board shall base their determination on the standards set forth in Chapter 365, Zoning, for conditional uses.
(2) 
Procedure.
(a) 
Petition. A request for conditional use grant shall be submitted in writing to the Village Administrator who shall promptly refer such petition to the Joint Committee for determination. Such petition shall be accompanied by appropriate data and information necessary for proper evaluation of the request.
(b) 
Hearing. Upon referral of the petition, the Joint Committee shall schedule a public hearing thereon as soon as practical. Notice of the hearing shall be given as set forth in Chapter 365, Zoning.
(c) 
Recommendation to Village Board. Following a public hearing and necessary study and investigation, the Joint Committee shall as soon as practical render its recommendation to the Village Board. The Joint Committee recommendation on the proposed changes shall be submitted to the Village Board with the understanding that the Village Board shall not issue a conditional use permit in the ETZ area unless the proposed amendment thereto receives a favorable vote from four of the six members of the Joint Committee.
(d) 
Determination by Village Board. After receiving the recommendations of the Joint Committee thereon, the Village Board shall consider such recommendations and vote on the proposed conditional use. Subject to the limitation set forth below, the Village Board may accept or reject the recommendation of the Joint Committee by a simple majority of the Village Board. In recognition of the Joint Committee's expertise with respect to the area subject to the ETZ Ordinance, as well as the public benefits of joint land use planning afforded by this ETZ Ordinance, the Village Board agrees to and shall not grant a conditional use permit in the ETZ area unless the proposed conditional use receives a favorable vote of the majority of the six members of the Joint Committee. Such decision shall include an accurate description of the use permitted, of the property on which permitted, and any and all conditions made applicable thereto, or if disapproved, shall indicate the reasons for disapproval.
(e) 
Mapping and recording. When a conditional grant is approved, indication of such grant shall be made on the Zoning Map by appropriate code number or symbol.
(f) 
Validity of conditional use permit. Chapter 365, Zoning, applies to this ETZ Ordinance with respect to conditional use permits.