A.
Jurisdiction. The jurisdiction of this chapter shall include all
structures, air, lands and water within the corporate limits of the
Village of Athens, Marathon County, Wisconsin.
B.
Compliance. 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 without full compliance with the provisions of this chapter
and all other applicable Village, county and state regulations.
The following use restrictions and regulations shall apply:
B.
Performance standards. Performance standards listed in Article VIII shall be complied with by all uses in all districts.
C.
Conditional uses. Provisions applicable to conditional uses generally:
(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, upon the recommendation of the Plan Commission, in accordance with Article IV of this chapter, excepting those existent at time of adoption of the Zoning Code.
(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 code require no action by the Plan Commission 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, upon the recommendation of the Plan Commission, in accordance with Article IV.
(4)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article IV.
(5)
Conditional uses authorized by the Village Board, upon the recommendation
of the Plan Commission, 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 in code.
(1)
Uses not specified in this chapter which are found by the Village
Board, upon the recommendation of the Plan Commission, to be sufficiently
similar to specified permitted uses for a district shall be allowed
by the Village Board, upon the recommendation of the Plan Commission.
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.
A.
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 this 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/she so desires. Thereafter,
the Village Board may affirm, modify, or withdraw its determination
of unsuitability.
B.
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.
C.
Principal structures. All principal structures shall be located on
a lot. Only one principal structure shall be located, erected or moved
onto a lot. Except in any residential lot, the Village Board, upon
the recommendation of the Plan Commission, 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, upon the recommendation of the Plan Commission, may impose
additional yard requirements, landscaping requirements or parking
requirements or require a minimum separation distance between principal
structures.
D.
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.
E.
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. This does
not apply to adjacent residential 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.
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, following a recommendation
from 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
the material involved, and all slopes shall be protected against erosion.
G.
Decks and porches. For purposes of this chapter, particularly regarding
setbacks, decks and/or porches shall be considered a part of the principal
building or structure being served.
H.
Double frontage lots. Buildings on through lots and extending from
street to street may have waived the requirements for a rear yard
by furnishing an equivalent open space on the same lot in lieu of
the required rear yard, provided that the setback requirements on
both streets shall be complied with.
Dwellings as defined and permitted by this chapter shall conform
to the following. Dwellings shall:
A.
Be attached to a permanent foundation meeting the requirements of
applicable building code provisions in such manner as to comply with
standards for vertical loading, uplift and lateral forces and so designed
and constructed that the floor elevation is reasonably compatible
with other dwellings in the area.
B.
Have a first story minimum area of 800 square feet and be not less
than 20 feet in its smallest horizontal dimension exclusive of attached
garage, carport or open deck.
C.
Have any wheels, axles, hitches, tow bars and other equipment for
transporting on streets or highways removed when the structure is
placed on the foundation.
D.
Have a double pitched roof having a minimum of three inches of vertical
rise per foot of horizontal run.
E.
Have roof overhang of one foot minimum measured from the vertical
sides of the structure.
F.
Have roofing material of a type customarily found on conventionally
constructed dwellings, including wood shakes or shingles, asphalt
composition shingles, and fiberglass composition shingles, but not
reflective corrugated metal or corrugated fiberglass.
G.
Have exterior siding of a type customarily found on conventionally
constructed dwellings, including wood clapboards, simulated clapboards
such as vinyl, metal or masonite type siding, wood shakes, wood shingles,
brick, stone or other masonry type siding, and wood shakes, wood shingles,
brick, stone or other masonry type veneer materials, but not smooth,
ribbed or corrugated metal or plastic panels except when part of solar
collector systems.
