The jurisdiction of this chapter shall include all lands and
waters within the boundaries of the Town of Herman. In the shoreland
and floodplain areas under the dual jurisdiction of the Town of Herman
and Dodge County, this chapter and the Land Use Code, Dodge County,
Wisconsin, shall be in full effect and all requirements shall be met.
No structure, land, or water shall hereafter be used and no
structure or part thereof shall hereafter be located, erected, moved,
reconstructed, extended, enlarged, converted, or structurally altered
except in conformity with the regulations herein specified for the
district in which it is located.
The Town Zoning Administrator is hereby designated as the administrative
and enforcement officer for the provisions of this chapter. The duty
of the Zoning Administrator shall be to interpret and administer this
chapter and to issue, after on-site inspection, all permits required
by this chapter. The Zoning Administrator shall further:
A.
Maintain records of all permits issued, inspections made, work approved,
and other official actions.
B.
Inspect all structures, lands, and waters as often as necessary to
assure compliance with this chapter. Access to premises and structures
shall be permitted during reasonable hours to make those inspections
as deemed necessary by him to ensure compliance with this chapter.
If, however, he is refused entry after presentation of his identification,
he may procure a special inspection warrant in accordance with § 66.0119,
Wis. Stats.
C.
Investigate all complaints made relating to the location of structures
and the use of structures, lands, and waters; give notice of all violations
of this chapter to the owner, resident, agent, or occupant of the
premises; and report uncorrected violations to the Town Attorney in
a manner specified by him.
D.
Assist the Town Attorney in the prosecution of violations of this
chapter.
E.
Prohibit the use or erection of any structure, land or water until
the Zoning Administrator has inspected and approved such use or erection.
F.
Attend all meetings of the Town Plan Commission and the Town Board
of Appeals.
No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a land use permit from the Zoning Administrator, unless otherwise exempted pursuant to § 384-11 of this chapter.
A.
Applications for a land use permit shall be made in duplicate to
the Zoning Administrator on forms furnished by the Zoning Administrator
and shall include the following where applicable:
(1)
Name and addresses of the applicant, owner of the site, architect,
professional engineer, and contractor.
(2)
Description of the subject site by lot, block and recorded subdivision,
or metes and bounds; address of the subject site; type of structure;
existing and proposed operation or use of the structure or site; number
of employees; and the zoning district within which the subject site
lies.
(3)
Plat of survey prepared by a professional land surveyor showing the
location, boundaries, dimensions, and elevations or, where deemed
appropriate by the Zoning Administrator, a location sketch drawn to
scale. The scale shall not be smaller than one inch equals 40 feet.
The plat or sketch shall show uses and sizes of the following: subject
site; existing and proposed structures; existing and proposed easements,
streets, and other public ways; off-street parking, loading areas
and driveways; existing highway access restrictions; and existing
and proposed street, side, and rear yards. In addition, the plat of
survey shall show the location, elevation, and use of any abutting
lands and their structures within 40 feet of the subject site. Place
stakes painted orange at the exterior corners of the proposed building
on the lot on which the applicant desires to build.[2]
(5)
A photocopy of any necessary sanitary permits secured from the Dodge
County Land Resources and Parks Department.
(6)
Proposed water supply plan, showing the location of any private well,
if municipal water service is not available.
(7)
Additional information as may be required by the Town Board, Plan
Commission, or the Town Zoning Administrator or Building Inspector.
B.
A land use permit in a residential district shall be granted or denied
in writing by the Zoning Administrator within nine working days. Business
and industrial land use permits shall be granted or denied in writing
within 31 calendar days. If denied, the reasons for such denial shall
clearly appear upon the face of the notification of denial. Land use
permits shall expire six months after issuance unless substantial
work has commenced. Any permit issued in conflict with the provisions
of this chapter shall be null and void. Building construction shall
be in a location in accordance with the sketched and staked area and
inspection by the Zoning Administrator; otherwise the permit shall
be null and void.[4]
A.
No land use permit shall be required for any of the following cases:
(1)
For
building an accessory building less than 100 square feet in area.
(2)
For
any improvement or alteration to an existing building less than 100
square feet in area which does not effect a change in use.
(3)
For
repairs that do not alter the size or position of an existing structure
on a lot. Such repairs shall not include the replacement or alteration
of bearing walls.
(4)
A
portable structure.
B.
However, any work that qualifies for an exemption under this section
shall be required to comply with the applicable setback, yard, height,
and other requirements set forth in this chapter.
A.
No land or building, or addition thereto, constructed after the effective
date of this chapter and no addition, alteration, reconstruction,
extension, enlargement, conversion or structural alteration to a previously
existing building shall be occupied or used for any purposes unless
in conformity with the plans and specifications upon which the land
use permit was issued. A certificate of land use compliance may be
issued by the Zoning Administrator upon request of the applicant.
Every certificate of land use compliance shall state that the use
or occupancy complies with all the provisions of this chapter.
B.
Any person, firm, or corporation having a legal or equitable interest
in a property which is a legal nonconforming use may request a certificate
of land use compliance. The applicant shall present documentary proof
that said use was a permitted use at the time it originated and was
made nonconforming by the adoption of this chapter or amendment thereto.
After verifying that the use in question is in fact a legal nonconforming
use, the Zoning Administrator shall issue a certificate of land use
compliance stating the use in question and the zoning of the property.
See Article IV, Conditional Use.
All development which occurs in any business or industrial district
shall require the execution of a developer's agreement which
covers in some detail the manner and methods by which the land will
be developed. The Town Board may impose time limits for the completion
of projects and may require the execution of an irrevocable letter
of credit or other appropriate surety to guarantee that the project
will be completed on schedule.
A sign permit is required for any signage as regulated under Article VII of this chapter.
It is the responsibility of the permit applicant to secure all
other necessary permits required by any state, federal, or county
agency.
No land shall be used or structure erected where the land is
unsuitable for such use or structure 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 Town Zoning
Administrator, in applying the provisions of this section, shall in
writing recite the particular facts upon which he bases his 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 Town Plan Commission may affirm,
modify, or withdraw the determination of unsuitability. In addition:
A.
All principal structures shall be located on a lot, and only one
principal structure shall be located, erected or moved onto a lot.
B.
No land use 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.
C.
Dimensions of building sites.
(1)
Lots not served by public sewer.
(2)
Lots served by public sewer.
(a)
Minimum area and width. Except as otherwise specifically required
or permitted the minimum lot area shall be 10,000 feet and the minimum
lot width 65 feet at the building line and 65 feet at the water's
edge.
(b)
Side yards. There shall be an eight-foot minimum side yard for
each principal building.
(3)
Multifamily dwellings. Minimum lot sizes for multifamily dwellings shall not be less than required in this Subsection C and shall be increased as shown in Table 384-17-1 below.
|
Table 384-17-1: Increases in Minimum Lot Area for Each
Multifamily Dwelling
| ||
|---|---|---|
|
Minimum Lot Area Per Dwelling Unit
(square feet)
| ||
|
Number of Bedrooms in Each Unit
|
Public Sewer
|
On-Site System
|
|
3 or more bedrooms
|
4,000
|
12,000
|
|
2 bedrooms
|
3,500
|
10,000
|
|
1 bedroom
|
3,000
|
8,000
|
D.
Rear yards. There shall be a twenty-five-foot minimum rear yard for
each principal building.
E.
Height limitation. The maximum height for all residential structure
shall be 40 feet. The maximum height for all commercial and industrial
structure shall be 60 feet. The maximum height for all nonfarm accessory
structures shall be 35 feet. Agricultural structures, such as barns
and silos, shall not exceed in height twice their distance from the
nearest lot line.
[Amended 11-13-2018 by Ord. No. 18-03]
F.
Street yard setbacks. All new structures shall have a street yard in accordance with § 384-46 of this chapter.
G.
Street grade. Every building hereafter erected, structurally altered,
or relocated shall be at a grade approved by the Zoning Administrator
or Building Inspector as being in satisfactory relationship with the
existing street grade, with particular consideration for proper drainage
and safe vehicular access.
H.
Preservation of topography. In order to protect the property owner
from possible damage due to change in the existing grade of adjoining
land 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 abutting property owner and with the approval
of the Plan Commission, 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
material involved, and all slopes shall be protected against erosion.
The following use restrictions and regulations shall apply:
A.
Principal uses. Only those principal uses specified for a district,
their essential services, and the following uses shall be permitted
in the district.
B.
Accessory uses. Accessory uses and structures are permitted in any
district, but not until their principal structure is present or under
construction. Residential accessory uses shall not involve the conduct
of any business, trade, or industry except home occupations and professional
home offices as defined in this chapter.
C.
Conditional uses. Conditional uses and their accessory uses are those which require review, public hearing, and approval by the Town Board in accordance with Article IV. The only conditional uses and structures permitted by this chapter shall be those enumerated in Article III of this chapter.
[Amended 1-13-2015 by Ord. No. 15-01]
D.
Temporary uses. Temporary uses such as real estate field offices
or shelters for materials and equipment being used in the construction
of a permanent structure may be permitted by the Zoning Administrator
through the issuance of a certificate of land use compliance for a
period not to exceed six months. This temporary certificate may be
renewed semiannually, but in no case shall the effective time span
of the certificate exceed two years.[1]
E.
Animals. Dogs and cats are permitted in any district. In platted residential subdivisions no animals other than household pets shall be allowed, except as provided in Chapter 150, Article II, Exotic Animals, of this Code. All dogs five months of age or older must be licensed by the Town of Herman subject to guidelines in Chapter 150, Article I, Dogs and Other Animals, of this Code.[2]
F.
Livestock outside the agricultural districts. No more than one animal
unit is allowed per three acres of land within the Single-Family Residential
or General Residential Zoning District or 1.5 acres of land in the
Conservancy, Business/Commercial or Manufacturing/Industrial Zoning
Districts. An animal unit as referenced to livestock outside an agricultural
district is defined as one bovine or equine over the age of six months,
five swine, 10 sheep, 10 goats or 100 fowl. After the minimum lot
size herein is met, one additional animal unit is allowed for each
additional acre. A combination of animals, except for bovines or equines,
may be kept as the "animal unit" as long as the number of animals
kept meets a ratio of 1:2.
G.
Swimming pools are a permitted accessory use in any district, provided
that:
(1)
All swimming pools shall be surrounded by a fence not less than four
feet nor more than six feet in height. Side walls of aboveground pools
four feet high may be used in lieu of a fence.
(2)
Access to the swimming pool shall be controlled by a self-latching
gate, and all such gates shall be kept securely closed and locked
at all times when the owner or occupant is not present at the pool.
For an aboveground pool, a tip-up ladder may be provided in lieu of
a gate.
(3)
Swimming pools shall not be constructed directly over or under electric
transmission lines. All electrical connections to a swimming pool
shall be properly grounded so that no electrical current can be discharged
into any part of the swimming pool or the surrounding fence.
(4)
No water drained from a swimming pool shall be discharged onto or
into any on-site sanitary sewerage system or directly into a navigable
body of water.
(5)
No lighting installed around swimming pools shall throw any rays
onto adjacent properties.
(6)
Swimming pools shall comply with the yard requirements for principal
structures in the district in which they are located.
I.
No mobile home park or trailer camp shall be placed or moved onto
lands lying within the Town of Herman.
J.
Gas and electric utility uses which have been issued a certificate
of public convenience and necessity pursuant to § 196.491(3),
Wis. Stats., are exempt from the requirements of this chapter and
shall not be required to obtain a land use permit.
Standards listed in Article XIV shall be complied with by all uses in all districts.
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 principal use and accessory structure(s) or use shall
be used jointly or for any other structure or use, unless otherwise
approved herein.
It shall be unlawful to construct any structure or building
or to use any structure, building, land or water in violation of any
of the provisions of this chapter. In case of any violation, the Town
of Herman, the Zoning Administrator, or any property owner who would
specifically be damaged by such violation may institute appropriate
action or proceeding to enjoin a violation of this chapter.
Any person, firm, or corporation who or which fails to comply
with the provisions of this chapter shall, upon conviction thereof,
forfeit $50 and costs of prosecution for each violation and in default
of payment of such forfeiture and costs shall be imprisoned in the
county jail until payment thereof, for a period not to exceed 30 days.
Each day a violation exists or continues shall constitute a separate
offense.
