[HISTORY: Adopted by the Village Board of the Village of
Coloma 4-28-2011 by Ord. No. 11-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See Ch. 21.
Adult-oriented establishments — See Ch. 165.
Animals — See Ch. 182.
Brush, grass and weeds — See Ch. 198.
Building construction — See Ch. 207.
Fair housing — See Ch. 247.
Flea markets — See Ch. 261.
Floodplain zoning — See Ch. 265.
Health and sanitation — See Ch. 286.
Massage establishment — See Ch. 331.
Property maintenance — See Ch. 384.
Sewer Utility — See Ch. 401.
Subdivision of land — See Ch. 420.
Water — See Ch. 460.
Water and sewer connections — See Ch. 464.
A.
Application. In the construction of this chapter, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise.
B.
Rules. Words used in the present tense shall include the future tense;
the singular number shall include the plural number and the plural
number the singular number. The word "building" shall include the
word "structure." The word "shall" is mandatory and not directory;
the word "may" is permissive.
C.
ABUTS, ABUTTING
ACCESSORY USE OR STRUCTURE
ADJACENT
ADJOINING
AGRICULTURE
ALLEY
ALTERATION
ANIMAL HOSPITALS OR POUNDS
APARTMENT
AREA, LAND
ARTERIAL STREET
AUTOMOBILE LAUNDRY
AUTOMOBILE SERVICE STATION
AUTOMOBILE WRECKING YARD
AUTOMOTIVE HEAVY REPAIR AND UPHOLSTERY
AWNING
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENT
BILLBOARD
BLOCK
BOARDINGHOUSE
BUFFER STRIP, BUFFERING
BUILDABLE LOT AREA
BUILDING
BUILDING, COMPLETELY ENCLOSED
BUILDING, DETACHED
BUILDING, HEIGHTS
BUILDING, PRINCIPAL
BUILDING, TEMPORARY
BUILDING INSPECTOR
BULK
BUSINESS
CAMPGROUNDS
CAMPING AREA
CARPORT
CELLAR
CHANNEL
CLINIC, MEDICAL OR DENTAL
CLUBS, FRATERNITIES, LODGES AND MEETING PLACES OF A NONCOMMERCIAL
NATURE
CLUSTER HOUSING
COMMERCIAL ENTERTAINMENT FACILITIES
COMMUNITY LIVING ARRANGEMENT
CONCESSION STAND
CONFORMING BUILDING
CONTIGUOUS
CONTROLLED ACCESS ARTERIAL STREET
CSM
DAY-CARE FACILITY
DAY-CARE HOME
DEVELOPMENT
DISTRICT, BASIC
DISTRICT, OVERLAY
DRIVE-IN ESTABLISHMENT
DWELLING
DWELLING UNIT
DWELLING, DETACHED
DWELLING, DUPLEX (TWO-FAMILY)
DWELLING, EFFICIENCY
DWELLING, MULTIPLE-FAMILY (APARTMENT)
DWELLING, SINGLE-FAMILY
DWELLING, TOWNHOUSE
ELECTRIC DISTRIBUTION CENTER
ELECTRIC SUBSTATION
ESSENTIAL SERVICES
ESTABLISHMENT, BUSINESS
EXTRATERRITORIAL AREA
FALLOUT SHELTER
FAMILY
(1)
(a)
(b)
(c)
(d)
(e)
(2)
FARMING - GENERAL
FARMSTEAD
FENCE
FENCE, OPEN
FENCE, SOLID
FLOOD-CREST ELEVATION
FLOODPLAIN
FLOODWAY
FLOOR AREA (for determining off-street parking and loading requirements)
FOSTER FAMILY HOME
FOUNDATION, PERMANENT
FRONTAGE
FRONT YARD
FUR FARM
GARAGE, PRIVATE, DETACHED
GARAGE, PUBLIC
GARAGE, STORAGE, OR OFF-STREET PARKING
GARDEN
GRADE, ESTABLISHED
GRADE, FINISHED
GROOMING SHOP
GROSS DENSITY
GROUP FOSTER HOME
GUEST, PERMANENT
HOME OCCUPATION
HOTEL
INSTITUTION
JUNK
JUNKYARD
KENNEL
LABORATORY
LANDFILLING
LAUNDERETTE
LOADING SPACE
LODGING HOUSE
LODGING ROOM
LOT
LOT AREA
LOT, CORNER
LOT, INTERIOR
LOT, REVERSED CORNER
LOT, SUBSTANDARD
LOT, THROUGH
LOT COVERAGE
LOT DEPTH
LOT LINE, FRONT
LOT LINE, INTERIOR
LOT LINE, REAR
LOT LINE, SIDE
LOT OF RECORD
LOT WIDTH
MAIN BUILDING FACADE
MANUFACTURING ESTABLISHMENT
MARQUEE or CANOPY
MOBILE HOME SUBDIVISION
MOTEL
MOTOR FREIGHT TERMINAL
MULTIPLE FAMILY
NAMEPLATE
NO-ACCESS STRIP
NONCONFORMING USE
NOXIOUS MATTER OR MATERIAL
NURSERY SCHOOL
NURSING HOME
OFFICIAL MAP
OPEN SALES LOT
OPEN SPACE
PARKING LOT
PARKING SPACE
PARTY WALL
PERFORMANCE STANDARD
PERSONAL SERVICE ESTABLISHMENT
PET SHOP
PLAN COMMISSION
PLANNED RESIDENTIAL DEVELOPMENT
PRINCIPAL BUILDING
PUBLIC AIRPORT
QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING
RECREATION AREA
RESEARCH LABORATORY
RESERVOIR STANDING SPACES
REST HOME
RETAIL
RETAIL STORES AND SHOPS OFFERING CONVENIENCE GOODS AND SERVICES
ROADSIDE STAND
ROADWAY
ROOMING HOUSE
SALVAGE YARD
SANITARY LANDFILL
SETBACK
SIGN
SIGN, ADVERTISING: OFF-PREMISES
SIGN, ELECTRONIC MESSAGE UNIT
SIGN, FLASHING
SIGN, GROUND AND/OR POLE
SIGN, IDENTIFICATION
SIGN, MOVABLE
SIGN, PROJECTING
SIGN, ROOF
SIGN, STRUCTURE
SIGN, WALL
SIGN, WINDOW
SITE PLAN
STORAGE, OUTDOOR
STORY
STORY, HALF
STREET
STREET FRONTAGE
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
STRUCTURE, ACCESSORY
SUBDIVISION
TAVERN
TEMPORARY STRUCTURE
TOURIST HOME
TRAILER, BOAT OR CARGO
TRAILER, BUSINESS
TRAILER, CAMPING
TRAILER, TRAVEL
USABLE OPEN SPACE
USE
USE, ACCESSORY
USE, CONDITIONAL
USE, PERMITTED
USE, PRINCIPAL
UTILITIES
VARIANCE
VEHICLE, MOTOR
VEHICLE SALES, SERVICE, WASHING AND REPAIR STATIONS
VENDING MACHINE
VILLAGE
VISION CLEARANCE TRIANGLE
WETLANDS
YARD
YARD, FRONT
YARD, FRONT/SIDE QUARTER
YARD, REAR
YARD, SIDE
YARD LINE
ZERO LOT LINE
ZONING ADMINISTRATOR
ZONING DISTRICTS
Definitions.
Having a common property line or district line.
A use or detached structure subordinate to the principal
use of a structure, land or water and which is located on the same
lot serving a purpose customarily incidental to the principal use
or the principal structure.
To lie near or close to; in the neighborhood or vicinity
of.
Touching or contiguous, as distinguished from lying near
or adjacent.
The growing of crops, plants, vines, trees or shrubs for
commercial sale and accessory uses customarily incidental to such
activities. (Also see "garden.")
A public right-of-way, with a width of not more than 24 feet,
which affords a secondary means of vehicular access to abutting properties.
A street shall not be considered an alley.
A change in size, shape, or use of a building or structure.
(See also "structural alteration.")
Land or buildings devoted to the care, feeding, or examination
of animals by a veterinarian or person charged with the responsibility
of caring for impounded animals.
A room or suite of rooms in a multiple-family structure which
is arranged, designed, used or intended to be used as a single housekeeping
unit. Complete kitchen facilities, permanently installed, must always
be included for each apartment.
The term "land area," when referring to a required area per
dwelling unit, means "net land area," the area exclusive of public
rights-of-way and other public open space.
A public street or highway used or intended to be used primarily
for large volume or heavy through traffic. "Arterial streets" shall
include freeways and expressways as well as arterial streets, highways
and parkways.
A building or portion thereof containing facilities for washing
more than two motor vehicles, using production-line methods.
A building or portion thereof or premises used for offering
for sale at retail to the public of fuels, lubricating oil, grease,
tires, batteries and accessories for motor vehicles, where repair
service is incidental. When such dispensing, sale or offering for
sale is incidental to the conduct of a public garage, the premises
are classified as a public garage. Automobile service stations do
not include open sales lots.
See "junkyard."
Land or buildings devoted to the welding, reconstruction,
motor overhaul, re-upholstery, painting or repainting of vehicles.
A roof-like mechanism, retractable in operation, which projects
from the wall of a building.
A story having part but not more than half of its floor to
clear-ceiling height below grade. When a basement is used for storage,
parking, or other facilities for the common use of occupants of the
rest of the building, it shall not be counted as a story in determining
building height. (See also "cellar.")
Any place of lodging that provides eight or fewer rooms for
rent to no more than a total of 20 tourists or other transients for
more than 10 nights in a twelve-month period, is the owner's
personal residence, is occupied by the owner at the time of rental
and in which the only meal served to guests is breakfast.[1]
See "sign, advertising."
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, or other
lines of demarcation. A block may be located in part beyond the boundary
lines of the corporate limits of the Village of Coloma.
See "rooming house."
A strip of land, generally adjacent to a property line, in
which a screen of plantings is installed. Such screen shall be planted
with deciduous or evergreen trees and shrubs in any combination deemed
appropriate which is dense enough and high enough to be a visual buffer
between properties.
That portion of a lot remaining when all required yard space
has been excluded.
Any structure which is built for the support, shelter or
enclosure of persons, animals, chattels or movable property of any
kind and which is permanently affixed to land.
A building separated on all sides from the adjacent open
space, or from other buildings or structures, by a permanent roof
and by exterior walls, pierced only by windows and normal entrance
and exit doors.
A building surrounded by open space on the same lot.
The vertical distance from the curb level, or its equivalent,
opposite the center of the front of a building to the highest point
of the top side of the roof, in case of a flat roof; to the deckline
of a mansard roof; and to the mean level of the underside of the rafters,
between the eaves and the ridge of a gable or gambrel roof.
See "principal building."
Any building not designed to be permanently located at the
place where it is, or where it is intended to be temporarily placed
or affixed.
The officer or other designated authority charged with the
administration and enforcement of this chapter, or his/her duly authorized
representative.
Used to indicate the size and setback of buildings or structures,
and the location of same with respect to one another, and includes
the following:
An occupation, employment, or enterprise which occupies time,
attention, labor, and materials; or wherein merchandise is exhibited
or sold, or where services are offered.
A camp exclusive of buildings.
Any public or private premises established for day and overnight
habitation by persons using equipment designed for the purpose of
temporary camping.
A roofed automobile shelter, with two or more open sides.
A space having more than 1/2 of its floor to clear-ceiling
height below average finished grade. A cellar is not counted as a
story in determining building height. For purposes of this chapter,
a dwelling unit designed to be partially underground shall not be
considered as a cellar space. (See also "basement.")
Those flood lands normally occupied by a stream of water
under average annual high-water flow conditions while confined within
generally well-established banks.
A building or portion thereof, the principal use of which
is for offices of physicians, chiropractors or dentists, or both,
for examination and treatment of persons on an outpatient basis.
A nonprofit association of persons, who are bona fide members
paying dues, which owns, hires or leases a building, or portion thereof;
the use of such premises being restricted to members and their guests.
Development of one-family dwellings on lots which are smaller
than would customarily be permitted by this chapter; where the density
of development is no greater than would otherwise be permitted by
conventional lot regulations; and where residual land produced by
the smaller lot size is used for common recreation and open space.
A use of structure, building or land devoted to one or more
of the following uses: tavern, bar, supper club or similar use.
The following facilities licensed or operated or permitted
under the authority of the Wisconsin State Statutes: child welfare
agencies under § 48.60, group homes under § 48.02(7)
and community-based residential facilities under § 50.01,
but does not include day-care centers, nursing homes, general hospitals,
special hospitals, prisons and jails. The establishment of a community
living arrangement shall be in conformance with applicable sections
of the Wisconsin State Statutes, including §§ 46.03(22),
59.69(15), 62.23(7)(i) and 62.23(7a), and amendments thereto, the
Wisconsin Administrative Code, and the provisions of this chapter.[2]
A structure devoted to the sale of confections, snacks or
other light meals and providing no inside seating nor drive-in service
for the customers.
A building which:
In actual contact.
The condition in which the right of owners or occupants of
abutting land or other persons to access, light, air or view in connection
with an arterial street is fully or partially controlled by public
authority.
Certified survey map.
A licensed facility for the care and supervision of children
for less than 24 hours a day.
A licensed facility for the care and supervision of up to
eight children for less than 24 hours a day in any one-family dwelling
in a residential district.
Any man-made change to improved or unimproved real estate,
including but not limited to construction of or additions or substantial
improvements to buildings, other structures, or accessory uses, mining,
dredging, filling, grading, paving, excavation or drilling operations
or disposition of materials.
A part or parts of the Village of Coloma for which the regulations
of this chapter governing the use and location of land and building
are uniform.
Overlay districts, also referred to herein as "regulatory
areas," provide for the possibility of superimposing certain additional
requirements upon a basic zoning district without disturbing the requirements
of the basic district. In the instance of conflicting requirements,
the more strict of the conflicting requirements shall apply.
An establishment or part thereof in which are provided facilities
for serving patrons sitting in automobiles on the premises.
A building or portion thereof designed, used or intended
to be used exclusively for residential purposes, including efficiency,
duplex, single-family, two-family, multiple-family, mobile home, and
townhouse dwelling units but not including trailers or lodging rooms
in hotels, motels, or lodging houses.
A group of rooms constituting all or part of a dwelling,
which are arranged, used or intended for use exclusively as living
quarters for one family and not more than an aggregate of two roomers,
and which includes complete kitchen facilities permanently installed.
A residential building which is entirely surrounded by open
space on the same lot.
A residential building containing two dwelling units.
A dwelling unit consisting of one principal room, an individual
bath, kitchen facilities and an independent entrance and not less than 200 square feet nor more than
400 square feet in net floor area, exclusive of halls and entryways.
A building containing three or more dwelling units.
A residential building containing one dwelling unit.
A dwelling containing three or more dwelling units, each
of which has one or two side walls in common with side walls of adjoining
dwelling units, and are party or lot line walls. May provide rental
or sales housing.
A terminal at which electric energy is received from the
transmission system and is delivered to the distribution system only.
A terminal at which electric energy is received from the
transmission system and is delivered to other elements of the transmission
system and, generally, to the local distribution system.
Services provided by public and private utilities, necessary
for the exercise of the principal use or service of the principal
structure. These services include underground surface or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains vaults, culverts, laterals, sewers, pipes,
catch basins, water storage tanks, conduits, cables, fire alarm boxes,
police call boxes, traffic signals, pumps, lift stations and hydrants,
but not including buildings.
A place of business carrying on a business operation, the
ownership or management of which is separate and distinct from any
other place of business located on the same or other lot.
Any unincorporated area within 1.5 miles of the corporate
limits of the Village of Coloma. [See § 62.23(7a), Wis.
Stats.]
An accessory building and use which incorporates the fundamentals
for fallout protection (shielding mass, ventilation, and space to
live) and which is constructed of such materials, in such a manner,
as to afford to the occupants substantial protection from radioactive
fallout. Such shelter may also be a part of the principal building.
[Amended 11-16-2017 by Ord. No. 17-02]
One or more persons living together in a single dwelling unit
as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit who are not related by blood,
adoption or marriage do not constitute the functional equivalent of
a traditional family. In determining the functional equivalent of
a traditional family, the following criteria shall be present:
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
This definition is not intended to prohibit group homes or community
living arrangements that are determined to be protected by the Federal
Fair Housing Law, provided that such facilities are licensed and permitted
under the authority of the State Department of Health Services or
the State Department of Children and Families or other state department
or agency.
"General farming" shall include floriculture, forest and
game management orchards, raising of grain, grass, mint and seed crops,
raising of fruits, nuts and berries, sod farming and vegetable farming.
"General farming" includes the operating of such an area for one or
more of the above uses with the necessary accessory uses for treating
or storing the produce; provided, however, that the operation of any
such accessory uses shall be secondary to that of the normal farming
activities.
A single-family residential structure located on a parcel
of land, which primary land use is associated with agriculture.
A structure which is a barrier and used as a boundary or
means of protection or confinement.
A fence including gates which has, for each one-foot-wide
segment extending over the entire length and height of the fence,
50% of the surface area in open spaces which afford a direct view
through the fence.
A fence, including gates, which conceals from view from adjoining
properties, streets, or alleys, activities conducted behind it.
The elevation of the highest flood level as designated by
the Village Engineer.
The land adjacent to a body of water which is subject to
periodic overflow therefrom.
The channel of a stream and such adjacent portions of the
floodplain as are required to accommodate flood flows.
The sum of the gross horizontal area of the several floors
of the building, excluding areas used for accessory off-street parking
facilities and the horizontal areas of the basement and cellar floors
that are devoted exclusively to uses accessory to the operation of
the entire building. All horizontal dimensions shall be taken from
the exterior of the walls.
The primary domicile of a foster parent which has four or
fewer foster children and which is licensed under § 48.62,
Wis. Stats., and amendments thereto.
A foundation for a structure based on concrete footings prescribed
by Wisconsin Uniform Dwelling Code or other state statute or code.
All the property abutting on one side of a street between
two intersecting streets or all of the property abutting on one side
of a street between an intersection street and the dead end of a street.
A yard extending along the full width off the principal structure
and between the principal structure and the edge of the street.
[Added 11-16-2017 by Ord.
No. 17-02]
A tract of land or buildings devoted in whole or part to
the raising of fur-bearing animals for commercial purposes.
A building, not attached to a dwelling, designed and used
for the storage of vehicles owned and used by the occupants of the
dwelling to which it is accessory. Not more than one such vehicle
may be a commercial vehicle of not more than 1 1/2 ton capacity.
A building or portion thereof other than a private or storage
garage, designed or used for equipping, servicing, or repairing motor
vehicles. Hiring, selling or storing of motor vehicles may be included.
A building or portion thereof designed or used or land used
exclusively for storage of motor vehicles, and in which motor fuels
and oils are not sold, and motor vehicles are not equipped, repaired,
hired or sold.
Growing of fruit, vegetables and flowers which are not to
be sold commercially.
The established grade of the street or sidewalk is as prescribed
by the Village of Coloma.
The required elevation of the finished surface of the ground
adjoining the exterior walls of a building and at all portions of
a parcel as shown on the approved grading/drainage plan.
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed, except that no animals shall be kept,
boarded, etc., overnight.
The ratio between total number of dwelling units on a lot
and total lot area in acres, the area to include all the land within
the lot boundaries including any private roads, recreation areas and
drainageways.
Any facility operated by a person required to be licensed
by the State of Wisconsin under § 48.62, Wis. Stats., for
the care and maintenance of five to eight foster children.
A person who occupies or has the right to occupy a lodging
house, rooming house, boardinghouse, hotel, apartment hotel or motel
accommodation as his domicile and place of permanent residence.
A gainful occupation conducted by members of the family only,
within their place of residence; provided that no article is sold
or offered for sale on the premises except such as is produced by
such occupation, that no stock-in-trade is kept or sold, that no mechanical
equipment is used other than such as is permissible for purely domestic
purposes and that no person other than a member of the immediate family
living on the premises is employed.
A building containing lodging rooms, a common entrance lobby,
halls and stairway; where each lodging room does not have a doorway
opening directly to the outdoors, except for emergencies, and where
more than 50% of the lodging rooms are for rent to transient guests,
with or without meals, for a continuous period of less than 30 days.
A building occupied by a nonprofit corporation wholly for
public or semipublic use.
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. "Junk"
includes, but is not limited to, vehicles, tires, vehicle parts, equipment,
paper, rags, metal, glass, building materials, household appliances,
brush, wood and lumber.
An open area where waste or scrap materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including
but not limited to, scrap iron and other metals, paper, rags, rubber
tires and bottles. A "junkyard" includes a wrecking yard, but does
not include uses established entirely within enclosed buildings.
An establishment wherein any person is engaged in the business
of boarding, breeding, buying, letting for hire, training for a fee,
or selling dogs.
See "research laboratory."
The placing and compacting of dirt and rubble in any area
that requires filling so as to be usable for a permitted land use
activity. A special permit for a landfilling operation must be obtained
from the Coloma Village Board. The normal placement and grading of
fill around the foundation of a structure or placement of less than
one foot of topsoil for lawns and landscaping areas around a structure
is not considered to be landfill as used in this chapter.
A business that provides coin-operated self-service-type
washing, drying, dry-cleaning, and ironing facilities, providing that
no pickup or delivery service is maintained.
A space within the principal building or on the same lot
as the principal building providing for the standing, loading or unloading
of trucks and with access to a street or alley.
A building originally built for use as a one- or two-family
dwelling, all or a portion of which contain lodging rooms which are
available to accommodate persons who are not members of the keeper's
family. Facilities are available for providing lodging or meals or
both for compensation for at least three but not more than 10 persons.
A room or suite of rooms rented as sleeping and living quarters,
with or without an individual bathroom but without cooking facilities.
A parcel of land, whether legally described or subdivided
as one or more lots or parts of lots, and which is occupied or intended
for occupancy by one principal building or principal use, together
with any accessory buildings and such open spaces as are required
by this chapter and having its principal frontage upon a street or
road.
The area of contiguous land bounded by lot lines, exclusive
of land provided for public thoroughfares.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
A lot other than a corner lot, reversed corner lot, or through
lot.
A corner lot, the street side lot line of which is substantially
a continuation of the front lot line of the first lot to its rear.
A parcel of land held in separate ownership having frontage
on a public street, or other approved means of access, occupied or
intended to be occupied by a principal building or structure, together
with accessory buildings and uses, having insufficient size to meet
the lot width, lot area, yard, off-street parking areas or other open
space provisions of this chapter as pertaining to the district wherein
located.
A lot having a pair of opposite lot lines along two more
or less parallel public streets, and which is not a corner lot.
The part or percent of the lot occupied by buildings or structures,
including accessory buildings or structures. (See "floor area," for
determining percentage of lot covered.)
The mean horizontal distance measured between the front and
rear lot lines.
That boundary of a lot which abuts a street line. On a corner
lot, the lot line having the shortest length abutting a street line
shall be the front lot line.
A lot line which does not abut a street.
That boundary of a lot which is most distant from and is,
or is most nearly, parallel to the front lot line and in the case
of an irregular, triangular or gore-shaped lot, a line 10 feet in
length within the lot, parallel to and at the maximum distance from
the front lot line.
Any boundary of a lot which is not a front lot line or a
rear lot line.
A lot which is part of a subdivision, the map of which has
been recorded in the office of the Register of Deeds of Waushara County,
Wisconsin; or a parcel of land, the deed of which was recorded in
the office of the Register of Deeds of Waushara County, Wisconsin,
prior to the effective date of this chapter.
The horizontal distance between the side lot lines of a lot,
measured at the narrowest width within the first 30 feet of lot depth
from the street line.
That portion of a building or structure which is parallel
or nearly parallel to the abutting street. For buildings which front
on two or more streets, the main building facade shall contain the
main entrance to such building.
An establishment, the principal use of which is manufacturing,
fabricating, processing, assembly, repairing, storing, cleaning, servicing
or testing of materials, goods, or products.[3]
A roof-like structure of a permanent nature which projects
from the wall of a building.[4]
A land subdivision, as defined by Ch. 236, Wis. Stats., and Chapter 420, Subdivision of Land, of the Code of the Village of Coloma, with lots intended for the placement of individual mobile home units. Individual home sites are in separate ownership as opposed to the rental arrangements in mobile home parks.
A building or series of buildings in which lodging only is
offered for compensation and which may have more than five sleeping
rooms or units for this purpose and which is distinguished from a
hotel primarily by reason of providing direct independent access,
and adjoining parking, for each rental unit.
A building or area in which freight brought by motor truck
is assembled or stored for routing in intrastate or interstate shipment
by motor truck.
See "dwelling, multiple-family."
A sign indicating the name and address of a building, or
the name of an occupant thereof, and the practice of any permitted
occupation therein.
A strip of land within and along a rear lot line of a through
lot adjoining a street which is designated on a recorded subdivision
plat or property deed as land over which motor vehicular travel shall
not be permitted.
Any use of land, buildings or structures, lawfully existing
at the time of adoption of or amendment to this chapter, which does
not comply with all of the regulation of this chapter or of any amendment
hereto governing use for the zoning district in which such use is
located.[5]
A material which is capable of causing injury to living organisms
by chemical reaction, or is capable of causing detrimental effects
on the physical or economic well-being of individuals.
A licensed facility for the care and supervision of nine
or more children for less than 24 hours a day in a one-family dwelling,
church, school, hospital or similar building.
A home for aged, chronically ill, care of children, infirm,
or incurable persons, or a place of rest for those persons suffering
bodily disorders, in which three or more persons, not members of any
family residing on the premises, are received and provided with food,
shelter and care, but not including hospitals, clinics, or similar
institutions devoted primarily to the diagnosis and treatment of disease
or injury, maternity cases, or mental illness.
The Official Map of the Village of Coloma.
Land used or occupied for the purpose of buying, selling,
or renting merchandise stored or displayed out-of-doors prior to sale.
Such merchandise includes automobiles, trucks, motor scooters, motorcycles,
boats or similar commodities.
That part of the lot area not used for buildings, parking,
or service. "Open space" may include lawns, trees, shrubbery, garden
areas, footpaths, play areas, pools, watercourses, wooded areas and
paved surfaces used as access drives but not used for vehicular parking
of any kind.[6]
A structure or premises containing five or more parking spaces
open to the public.
An area, enclosed in a building or unenclosed, reserved for
the off-street parking of one motor vehicle and which is accessible
to and from a street or alley.
A common wall which extends from its footing below grade
to, or through, the roof and divides buildings.
A criteria established to control smoke and particulate matter,
noise, odor, toxic or noxious matter, vibration, fire and explosion
hazards, glare or heat, or radiation hazards generated by or inherent
in uses of land or buildings.
A building or facility where personal services are available,
for profit, including such services as dry cleaning, laundromat, barbershop,
beauty parlor, health spa, or tailor.
Any person, partnership or corporation, whether operated
separately or in connection with another business enterprise, except
for a licensed kennel, which buys, sells, or boards any species of
animal.
The Plan Commission of the Village of Coloma, Wisconsin.
A tract of land which contains or will contain two or more
principal buildings, developed under single ownership or control,
the development of which is unique and of a substantially different
character than that of surrounding areas. This type of development
may be conditionally allowed in residential districts to achieve greater
design flexibility.[7]
A nonaccessory building in which the principal use permitted
on the lot is conducted.
Any airport which complies with the definition contained
in § 114.002(18m), Wis. Stats., or any airport which serves
or offers to serve common carriers engaged in air transport.[8]
A lot or land or part thereof, used for the purpose of extracting
stone, sand, gravel, topsoil and similar material as an industrial
or commercial operation, and exclusive of the process of excavation
and grading in preparation for the construction of a duly authorized
building, park or highway.
A recreation area including park, playground, ball field,
ski hill, sport field, swimming pool, golf course, riding stables
or riding academies or other facilities and areas constructed for
recreational activities and open for use by public or private organizations.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
Those off-street parking spaces allocated for temporary standing
of automobiles awaiting entrance to a particular establishment.
A structure or structures devoted to the housing of the aged,
infirm or physically handicapped on an organized basis. For purposes
of this chapter, "rest home" shall include nursing home.
The sale of goods or merchandise in small quantities to the
consumer.
Includes retail stores and shops which offer goods and services
similar, but not necessarily limited to the following: shoe shops,
clothing shops, gift shops, hardware stores, barbershops, beauty parlors
or drugstores.
A farm building used or intended to be used solely by the
owner or tenant of the farm on which such building is located for
the sale of farm products.
That portion of a street which is used or intended to be
used for the travel of motor vehicles.
A building other than a hotel or motel where meals or lodging
are furnished for compensation for three or more persons not members
of a family, but not exceeding 12 persons. For purposes of this chapter,
"rooming house" shall include boardinghouse and tourist home.
See "junkyard."
A method of disposing of refuse by spreading and covering
such refuse with earth to a depth of two feet on the top surface and
one foot on the sides of the bank, which sides shall have a least
1:2 slope.
The minimum horizontal distance between the foundation line
of a building or structure and the property line.
A name, identification, illustration, description, display
or device, or anything else, illuminated or not, which is affixed
to a building or sign structure and which directs attention to, promotes
or identifies a product, place, name, activity, person, institution
or type of business. For purposes of removal, signs shall also include
sign structures.
Any sign portraying information which promotes or directs
attention to a person, place, business, product, service, entertainment
or other activity not related to a use on the lot on which such sign
is located. A billboard or off-premises sign.
Any sign whose message may be changed by electronic process,
including such messages as copy, art, graphic, time, date, temperature,
weather, or information concerning civic, charitable or the advertising
of products or services for sale on the premises. This also includes
traveling or segmented message displays.
An illuminated sign on which the artificial light is not
maintained constant or stationary in intensity or color at all times
when such sign is in use. Time-temperature signs are not flashing
signs as considered in this chapter.
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building. (Also
referred to as "freestanding sign.")
Any sign portraying information which promotes or directs
attention to a person, place, business, product, service, entertainment
or other activity located on the same lot where the sign is installed
and maintained.
Any sign not permanently attached to the ground or a building.
Any sign extending more than 12 inches, but less than three
feet from the face of a wall or building.
A sign erected on, against or above a roof and extending
above the highest point of the roof. If the sign does not extend above
the highest point of the roof, and is single faced, it is considered
a wall sign.
Any structure or material which supports, has supported or
is intended to support or help maintain a sign in a stationary position,
including any decorative covers or roofs or embellishments extending
above such sign.
A single-faced sign which is affixed to the wall of any building
or structure and projects in a plane parallel to such wall by 12 inches
or less.
A sign installed inside a window for purposes of viewing
from outside the premises.
Space outside any building or roofed area and used for the
keeping of goods, supplies, raw material or finished products.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between the floor and the ceiling
next above it. The floor of a story may have split levels, provided
that there are not more than five feet difference in elevation between
the different levels of the floor. A mezzanine floor shall be counted
as a story when it covers over 1/3 the area of the floor next below
it, or if the vertical distance from the floor next below it to the
floor next above it is 24 feet or more. See also "basement" and "cellar."
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than three feet above the floor of such story, except that any partial
story used for residence purposes, other than for a janitor or caretaker
of his family, or by a family occupying the floor immediately below
it, shall be deemed a full story.
Any right-of-way in excess of 24 feet in width containing
a roadway which affords the primary means of vehicular access to abutting
properties. When such right-of-way is not an existing or dedicated
public street, it shall be not less than 40 feet in width, unless
otherwise herein regulated. A driveway shall not be considered a street.
Property fronting on one side of street/alley between two
intersecting streets/alley, or along one side of a dead-end street/alley
between an intersecting street/alley and the end of the cul-de-sac.
A dividing line between a lot, tract or parcel of land and
contiguous street.
Any change in the supporting members of a building or any
substantial change in the roof structure or in the exterior walls.
Anything constructed or erected, the use of which requires
permanent location on the ground.
A detached structure subordinate to the principal structure,
located on the same lot serving a purpose customarily incidental to
the principal structure.
The act of dividing a lot or parcel into three or more lots
or building sites; the resulting plat from such a division of lot
or parcel.
An establishment where liquors are sold to be consumed on
the premises but not including restaurants where the principal business
is the serving of food.
A movable structure not designed for human occupancy nor
for the protection of goods or chattels and not forming an enclosure,
such as billboards.
A dwelling in which overnight accommodations are provided
for no more than 12 transient paying guests.
A vehicle designed exclusively for the transportation of
one boat of less than ten-foot beam and thirty-foot length or, if
used for the hauling of cargo, not over 70 square feet in cargo floor
area.
Any vehicle or portable structure constructed for use as
an accessory building or structure in the conduct of business, trade,
or occupation, and which may be used as a conveyance on streets and
highways, by its own or other motive power.
A trailer designed and constructed for temporary dwelling
purposes which does not contain built-in sanitary facilities and has
a gross floor area of less than 130 square feet.
A trailer designed and constructed for temporary dwelling
purposes which may contain cooking, sanitary and electrical facilities,
and has a gross floor area of 130 square feet or more, but less than
220 square feet. A recreation vehicle.
Space suitable for recreation, gardens, or household service
activities, such as clothes drying. Such space must be at least seventy-five-percent
open to the sky, free of automobile traffic, parking, and undue hazards,
and readily accessible by all those for whom it is intended.
The purpose or activity for which the land, or building thereon,
is designed, arranged, or intended, or for which it is occupied or
maintained.
A use subordinate to the principal use of a structure, land
or water, and which is located on the same lot serving a purpose customarily
incidental to the principal use.
A use, either public or private, which because of its unique
characteristics cannot be properly classified as a permitted use in
any particular district or districts. After due consideration in each
case of the impact of such use upon neighboring land and of the public
need for the particular use at the particular location, such conditional
use may or may not be granted.
A use which may be lawfully established in a particular district
or districts provided it conforms with all requirements, regulations,
and standards of such district.
The dominant use of land or buildings as permitted by this
chapter and as distinguished from a subordinate or accessory use.
Public and private facilities such as water wells, water
and sewage pumping stations, water storage tanks, electric power substations,
static transformer stations, telephone and telegraph exchanges, microwave
radio relays, and gas regulation stations, but not including sewage
disposal plants, municipal incinerators, warehouses, shops and storage
yards.
An authorization granted by the Board of Appeals to construct,
alter or use a building or structure in a manner that deviates from
the dimensional standards of the chapter.
Any passenger vehicle, truck, truck-trailer, trailer, or
semitrailer propelled or drawn by mechanical power.
Vehicle sales, service, washing and repair stations shall
not include "automotive heavy repair and upholstery" as defined.
A machine for dispensing merchandise or services designed
to be operated by the customer.
Village of Coloma, Wisconsin.
An area intended to be maintained in a manner which does
not significantly obstruct a motorist's vision of an intersecting
street.
[Amended 11-16-2017 by Ord. No. 17-02]
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.
An open space on a lot which is unoccupied and unobstructed
from its lowest level to the sky. A yard extends along a line and
at right angles to such lot line to a depth or width specified in
the yard regulations for the zoning district in which such lot is
located.
A yard extending along the full width of the front lot line
between side lot lines.
The front yard from the corners of the principal structure
to the side lot lines.
[Added 11-16-2017 by Ord.
No. 17-02]
The portion of the yard on the same lot with the principal
building, located between the rear line of the building and the rear
lot lines and extending for the full width of the lot.
A yard extending along the side lot line between the front
and rear yards.
An imaginary line on a lot which is parallel to the lot line
along which a required yard extends and which is not nearer to said
lot line than the required yard width or depth as set forth in this
chapter.
The concept whereby two respective dwelling units within
a building shall be on separate and abutting lots and shall meet on
the common property line between them, thereby having zero space between
said units.
A Coloma Village Board Trustee, or committee thereof, appointed
by the President, or an individual or business contracted by the Coloma
Village Board to administer the regulations set forth in this chapter.
The districts into which the Village of Coloma has been divided
for zoning regulations as set forth on the Zoning District Map.
These regulations are adopted under the authority granted by
§ 62.23(7), Wis. Stats. The Village Board of the Village
of Coloma, Wisconsin, does ordain as follows:
A.
Short title. This chapter shall be known as, referred to or cited
as the "Zoning Ordinance, Village of Coloma, Wisconsin."
B.
Purpose. The purpose of this chapter is to promote the health, safety,
morals, prosperity, aesthetics and general welfare of this community.
C.
Intent. It is the intent of this chapter to regulate and restrict
the use of all structures, lands and waters; regulate and restrict
lot coverage, population distribution and density, and size and location
of all structures so as to lessen congestion in and promote the safety
and efficiency of the streets and highways; secure safety from fire,
flooding, panic and other dangers; provide adequate light, air, sanitation
and drainage; prevent overcrowding; avoid undue population concentration;
facilitate the adequate provision of public facilities and utilities;
stabilize and protect property values; further the appropriate use
of land and conservation of natural resources; preserve and promote
the beauty of the community; and to provide for the administration
and enforcement of this chapter and to provide penalties for its violation.
D.
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, ordinances, rules,
regulations or permits previously adopted or issued pursuant to law.
However, wherever this chapter imposes greater restrictions, the provisions
of this chapter shall govern.
E.
Interpretation. The provisions of this chapter shall be interpreted
and applied as minimum requirements, shall be liberally construed
in favor of the Village, and shall not be deemed a limitation or repeal
of any other power granted by the Wisconsin Statutes.
F.
Effective date. This chapter shall be effective after a public hearing
of the Plan Commission, and recommendation by the Plan Commission,
adoption by the Village Board and publication or posting as provided
by law.
A.
Compliance. Except as may be otherwise provided, the use, size, height
and location of buildings now existing or hereafter erected, converted,
enlarged or structurally altered, the provisions of open spaces, and
the use of land shall be in compliance with the regulations established
herein for the district in which such land or building is located.
B.
Site restrictions.
(1)
Principal structures. All principal structures shall be located on
a lot, and only one principal structure shall be located, erected
or moved onto a lot.
(2)
Yard maintenance.
(a)
All required yards shall be kept clear and free from the accumulation
of debris, refuse and noxious weeds.
(c)
Materials including, but not limited to wood, bricks, broken
concrete, cinder block, inoperable vehicles, machinery or parts, refrigerators,
furnaces, washing machines, dryers, stoves, or other unsightly debris
which tend to depreciate property values in the area or create a nuisance
or hazard shall not be allowed on any property by the owner or occupant,
except when such materials are properly housed inside or out of public
view.
(d)
Lots in residentially developed areas shall be kept free, by
the owner or occupant, of dirt piles, rubble and any other material
or conditions which might hinder maintenance of the property, except
that dirt piles used for landscaping purposes shall be leveled and
said areas seeded for grass within 30 days of date of delivery of
the dirt.
(3)
Building maintenance.
(a)
The exterior of every structure or accessory structure, residential
and non residential, shall be maintained by the owner or occupant
in good repair and all surfaces shall be kept painted or covered with
exterior siding material intended for that use by the manufacturer
for purposes of preservation and appearance. The same shall be maintained
free of broken or missing siding, loose shingles, crumbling stone
or brick, excessive peeling paint or other conditions reflective of
deterioration or inadequate maintenance.
(4)
Fences.
(a)
Fences in residential districts cannot exceed six feet in height
from grade.
(b)
Fences in commercial and industrial districts shall not exceed
eight feet in height.
(c)
Fences cannot be in the front yard except when they are 36 inches
or less in height, in compliance with vision clearance regulations,
and more than 50% of their bulk is air space. Fences may be placed
adjacent to the lot line in side and rear yards. Fences shall not
be placed within the public right-of-way.
(d)
Fences must be kept in good repair with decorative sides facing
outward.
(e)
Fences constructed of barbed wire or concertina wire are prohibited.
(5)
Street frontage. To be buildable, a lot shall comply with the frontage
requirements of the zoning district in which it is located.
(6)
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:
(7)
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 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.
(8)
Site suitability. No land shall be used or structure erected where
the land is held unsuitable for such use or structure by the Coloma
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/she so desires. Thereafter, the
Plan Commission may affirm, modify or withdraw its determination of
unsuitability when making its recommendation to the Coloma Village
Board.
(9)
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 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.
(10)
Decks. For purposes of this chapter, decks and porches shall
be considered a part of a building or structure. Consequently, no
portion of any deck or porch should be located in the required setback
area.
C.
Use regulations.
(1)
Uses restricted. In any district, no building or land shall be used
and no building shall be hereafter erected, structurally altered or
relocated except, for one or more of the uses as hereinafter stated
for that district and in compliance with the regulations hereinafter
established for that district.
(2)
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. Accessory uses include incidental
repairs; storage; parking facilities; gardening caretaker, and owner's
quarters not for rent; residential rental quarters in the Community
Commercial District, private swimming pools; and private emergency
shelters.
(a)
Location. Accessory uses and structures are permitted in the
side and rear yard only. They shall not be closer than 10 feet to
the principal structure, shall not exceed 18 feet in height, shall
not occupy more than 25% of the side or rear yard area.
(b)
Accessory uses and structures shall not be closer than 10 feet
to any lot line, except no closer than three feet to any lot line
in R-1 and C-2 Districts.
(c)
Any accessory building, structure or use on a corner lot, a
reversed corner lot or a through lot shall be set back from the property
lines adjoining a street the distance required for a front yard, unless
otherwise required herein for a specific permitted or conditional
use.
(3)
Temporary uses. 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 Plan Commission.
(4)
Unclassified uses. In case of a question as to the classification
of a use, the question shall be submitted to the Plan Commission for
determination.
D.
Area restrictions.
(1)
Joint use. 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)
Substandard lots. In any residential district, a one-family detached
dwelling and its accessory structures may be erected on any legal
lot or parcel of record in the Waushara County Register of Deeds Office
before the effective date of this chapter. Required yards shall only
be modified upon appeal to the Board of Appeals. Such lot or parcel
shall be in separate ownership from abutting lands. If abutting lands
and the substandard lot are owned by the same owner, the substandard
lot shall not be sold or used without full compliance with the provisions
of this chapter. If in separate ownership, all the district requirements
shall be complied with as practical.
(3)
Two or more uses on one lot. When two or more permitted or conditional
uses are provided in the same building or on the same lot, except
for accessory uses, 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.
(4)
No lot shall be divided or reduced in area or the dimensions changed
so as to not meet the provisions of this chapter. Any change of lot
size or dimension must be done by a certified survey map (CSM) approved
by the Coloma Village Board.
(5)
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 Plan Commission, in each individual case.
E.
Yard regulations.
(1)
Average front yard setback. The required front yards may be decreased
by variance in residential and commercial districts to the average
of the existing front yards of the abutting structures on each side
but in no case less than 15 feet in residential areas.
(2)
Frontage and lot width. The frontage may be reduced to 40 feet for
lots abutting the exterior street line of curved streets or culs-de-sac,
provided the side lot lines are perpendicular to the street lines
and the lot widens to the required width not more than 100 feet from
the street line.
(3)
Yard modifications. The yard requirements specified elsewhere in
this chapter may be modified as follows:
(a)
Uncovered stairs, landings and fire escapes may project a maximum
of six feet into any yard and not closer than three feet to any lot
line.
(b)
Residential fences may be permitted on rear and side yard property
lines, the height not to exceed six feet, except that between any
street line and the setback line for said street, the height shall
not exceed three feet. Fences in residential districts shall be attractive
and have the smooth side out.
(c)
Security fences are permitted to the property lines in districts
other than residential, but not to exceed eight feet in height.
(d)
Off-street parking is permitted to the property lines in districts
other than residential, but shall not intrude upon the visual clearance
triangle.
(e)
Landscaping and vegetation are exempt from the yard requirements,
but shall not intrude upon the visual clearance triangle.
(4)
Screening in or on a yard. The following regulations are applicable
to all zoning districts except R-1, R-2, and R-3:
(a)
Any outdoor refuse or recyclable storage area shall be located
in the side or rear yard and shall be screened from view. The screening
will consist of fencing or landscaping, and shall comply with the
following standards:
F.
Visual clearance. In each quadrant of every street intersection,
there shall be designated a vision clearance triangle bounded by the
inner street lines and a line connecting them 25 feet from their intersection.
Within this triangle, no object shall be allowed above the height
of 2 1/2 feet above the streets if it obstructs the view across
the triangle. This provision shall not apply to tree trunks, posts
or wire fences.
G.
Sewage disposal requirements. Sewage disposal facilities shall be connected to the sewage disposal system of the Village, per § 401-2 of Chapter 401, Sewer Utility, of the Code of the Village of Coloma. In any district where public sewage service is not available, no building permit shall be issued unless the width and area of the lot are sufficient to permit the use of an on-site sewage disposal system designed in accordance with the rules of the Department of Safety and Professional Services contained in Ch. SPS 385, Wis. Adm. Code. In no case, however, shall the minimum lot size required in the zoning district in which such structure is to be located be reduced below the specified minimum.[2]
I.
Mobile homes, trailers, boats, snowmobiles, etc.
(1)
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 residential district
and then only at the side or rear of the principal building.
(2)
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:
(a)
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 within five days of the end
of construction or upon notice by the Zoning Administrator.
(b)
Use as an interim dwelling during construction of a permanent
residence or in the event a permanent residence has been damaged or
destroyed, provided such mobile home or trailer is located on the
same or contiguous lot and moved within five days of the end of construction
or upon notice by the Zoning Administrator.
(c)
Any temporary permit issued under the provisions of this section
shall expire in 12 months from the date of issuance but may be extended
for up to 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.
(3)
A camping trailer, travel trailer or motor home may be parked and
used for temporary lodging on a lot containing a dwelling for a period
not to exceed 30 days in a calendar year.
(4)
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.
(5)
No more than one motorized vehicle at a time may be offered for sale
by owner on a residential lot.
J.
Height regulations exemptions. The district height limitations stipulated
elsewhere in this chapter may be exceeded but the modification shall
be limited as follows:
(1)
Architectural projections, such as church spires, belfries, cupolas,
domes, and chimneys, shall not exceed in height their distances from
the nearest lot line.
(2)
Communication structures, such as transmission towers, radio towers,
aerials and observation towers, shall not exceed in height their distance
from the nearest lot line.
(3)
Special structures, such as elevator penthouses, grain elevators,
manufacturing equipment, substations, and smokestacks, shall not exceed
in height their distance from the nearest lot line.
(4)
Electric power and communication transmission lines and municipal
utility towers are exempt from the height limitations of this chapter.
(5)
Public buildings, such as schools, churches, hospitals, sanitariums,
libraries, governmental offices and stations, may be erected to a
height of 60 feet, provided all required yards are increased one foot
for each foot the structure exceeds the district's maximum height
requirement.
K.
Wireless communications facilities. Subject to § 66.0404, Wis.
Stats., the following shall be minimum standards for the location
and operation of wireless communication facilities:[3]
(1)
The applicant must prove that it is not feasible to build on an existing
structure.
(2)
The applicant must comply with all other applicable regulations,
including FAA and FCC requirements and state building codes.
(3)
The applicant must agree to lease any additional space available
to other companies at a fair market rate.
(4)
The Plan Commission may place any reasonable conditions on any approval
of a wireless communications facility including, but not limited to
lighting, collation, and fencing.
(5)
Wireless communications facilities shall be set back from the nearest
property lines a distance no less than 1.1 times their total height,
unless:
(a)
Appropriate easements are secured from the adjacent property
owners; or
(b)
The owner of said structure demonstrates to the satisfaction
of the Village that said structure is engineered to collapse upon
itself, rather than tip, upon structural failure. With verification
of such properties being acceptable to the Plan Commission and the
Village Board, the setback from the adjacent property lines shall
be not less than 1/2 times the structure's total height.
(6)
Emergency contact information must be posted at every wireless communications
facility site and filed with the Village of Coloma Police Department.
(7)
Upon cessation of the operation of the tower, the tower and other
improvements to the property shall be removed. The applicant shall
furnish sureties which will enable the Village to remove such improvements
if the applicant/owner fails to do so. The amount of such sureties
shall be determined by the Plan Commission. The form and type of such
sureties shall be approved by the Village legal counsel. Such fiscal
surety shall be for a period not to exceed five years and will be
renewed thereafter upon a favorable review of the operation and maintenance
of such facility by the Plan Commission and legal counsel and updated
cost estimates furnished by the applicant.
(8)
Any addition or alteration to any existing tower established prior
to the effective date of adoption of this section shall be required
to meet the provisions of this section before a permit is issued for
such addition or alteration.
L.
Nonconforming uses, structures, and lots.
(1)
Existing nonconforming uses.
(a)
The lawful nonconforming use of a structure or land existing
at the time of the adoption or amendment of this chapter may be continued
although the use does not conform with the provisions of this chapter;
however,
(b)
Only that portion of the land in actual use may be so continued,
and the structure may not be extended, enlarged, reconstructed, substituted,
moved or structurally altered except when required to do so by law
or in order to comply with the provisions of this chapter.
(c)
Total lifetime structural repairs or alterations shall not exceed
50% of the Village's assessed value of the structure's at the
time of its becoming a nonconforming use unless it is permanently
changed to conform to the use provisions of this chapter.
(d)
Substitution of new equipment may be permitted by the Board
of Appeals if such equipment will reduce the incompatibility of the
nonconforming use with the neighboring uses.
(e)
If such nonconforming use is discontinued or terminated for
a period of 12 months, any future use of the structure, land or water
shall conform to the provisions of this chapter.
(f)
If a landowner can establish that a nonconforming structure
was damaged or destroyed by violent wind, vandalism, fire, flood,
ice, snow, mold or infestation, the structure may be reconstructed
or repaired to the size, location and use it had immediately before
the damage occurred, subject to the following conditions:
[1]
Damage due to a deliberate act or due to general deterioration
or dilapidated condition may not be reconstructed or repaired except
in conformance to this chapter.
[2]
Stormwater runoff and erosion control measures and filling and
grading must conform to this chapter and statute.
[3]
The landowner bears the burden of proof as to the size, location
or use of the destroyed or damaged structure immediately before the
damage or destruction occurred.
[4]
Repairs are authorized only to the extent necessary to repair
the specific damage caused, and only that portion of the nonconforming
structure damaged or destroyed may be reconstructed.
(g)
A current file of all nonconforming uses shall be maintained
by the Village Clerk/Treasurer, under the direction of the Zoning
Administrator, listing the following: owner's name and address,
address of the site, use of the structure, land or water, and assessed
value at the time of its becoming a nonconforming use.
(2)
Existing nonconforming structures. The lawful nonconforming structure
existing at the time of the adoption or amendment of this chapter
may be continued although its size or location does not conform with
the lot width, lot area, yard, height, parking and loading, and/or
access provisions of this chapter. However, it shall not be extended,
enlarged, reconstructed, moved or structurally altered except when
required to do so by law or in order to comply with the provisions
of this chapter.
(3)
Changes and substitutions. Once a nonconforming use or structure
has been changed to conform, it shall not revert back to a nonconforming
use or structure.
M.
Permits.
(1)
Purpose of permits. The primary purpose of issuing permits is to
insure compliance with provisions of this chapter.
(2)
Building permit. No structure shall be built, moved or structurally altered until a building permit has been issued by the Zoning Administrator. The requirements for a building permit are further clarified in § 207-1 of the Code of the Village of Coloma. Any project which will be required by state statute to conform to the State of Wisconsin Uniform Dwelling Code will also require a permit from the contracted building inspection service.
(3)
Conditional use permit. When the use being applied for is listed as a "conditional use," the Zoning Administrator shall issue a conditional use permit in lieu of the building permit. This permit shall be issued only after approval from the Plan Commission, after a public hearing and after provisions of § 480-11, Conditional uses, of this chapter have been complied with. The Plan Commission may attach certain conditions that shall be met as a condition of approving the permit.
(4)
Application procedure. Applications for a building permit, or a conditional
use permit, shall be made in duplicate to the Zoning Administrator
on forms furnished by the Clerk/Treasurer's office and shall
include the following where applicable:
(a)
Names and addresses of the applicant, owner of the site, architect,
professional engineer and/or contractor.
(b)
Description of the subject site by lot, block and recorded subdivision
or by metes and bounds; address of the subject site; type of structure;
existing and proposed operation or use of the structure or site; number
of occupants or employees; and the zoning district within which the
subject site lies.
(c)
A location sketch prepared by the applicant if the subject site
is not part of a recorded subdivision or plat survey prepared by a
registered land surveyor, showing the location, boundaries, dimensions,
uses and size 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 and
proposed streets; and side and rear yards.
(d)
Proposed sewage disposal plan if Village sewerage service is
not available. This plan shall be approved by the contracted Building
Inspector who shall certify in writing that satisfactory, adequate
and safe sewerage disposal is possible on the site in accordance with
applicable local, county and state regulations.
(e)
Proposed water supply plans if municipal water service is not
available. This plan shall be approved by the contracted Building
Inspector who shall certify in writing that an adequate and safe supply
of water will be provided.
(f)
Additional information as required by the Plan Commission or
Zoning Administrator.
(5)
The Plan Commission may request the Village Board to approve a deposit
of funds from the applicant that it deems sufficient for the Plan
Commission to retain a registered professional engineer, architect,
or landscape architect, or other professional consultants to advise
the Commission on any or all aspects of a conditional use or rezoning
application review. The full and complete cost of this advice shall
be borne by the applicant. Any money which is deposited but not used
in the review of the application shall be returned to the applicant.
(6)
Expiration. An application for a building permit shall be granted
or denied, and the reasons for such denial shall clearly appear upon
the face of the notification of denial. The permit shall expire within
one year of issue. Further work will require a new permit. Any permit
issued in conflict with the provisions of this chapter shall be null
and void.
N.
Certificate of compliance.
(1)
No 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 purpose until
a certificate of zoning compliance has been issued by the office of
the contracted Building Inspector. Every certificate of zoning compliance
shall state that the use or occupancy complies with all provisions
of this chapter and the State of Wisconsin Uniform Dwelling Code.
(2)
No certificate of zoning compliance for a building, or portion thereof,
constructed after the effective date of this chapter, shall be issued
until construction is substantially completed and the premises inspected
and certified by the office of the contracted Building Inspector and
the Zoning Administrator to be in conformity with the plans and specifications
upon which the building permit was issued.
O.
Site plan.
(1)
Purpose and submission. A site plan shall be filed and approved by
the Plan Commission prior to the issuance of a building permit in
the commercial and industrial zones, and in residential districts
where called for in the Land Use and Activities Table.[5] This site plan shall be submitted to the Zoning Administrator,
who shall enter the date of the receipt upon the copy and retain it
in his files. The purpose of the site plan review is to assure input
by the Plan Commission on matters of site design, access, building
design, and circulation of vehicles and pedestrians in the developments
within these districts.
[5]
Editor's Note: The Land Use and Activities Table is included
as an attachment to this chapter.
(2)
Requirements. The preliminary site plan shall contain maps and drawings
of a suitable scale to indicate the following items, as applicable
or as required by the Plan Commission.
(a)
Topography of the site including slopes, drainagecourses and
elevations of the proposed building sites.
(b)
Existing tree and vegetative cover.
(c)
The normal high-water elevation of abutting navigable waters
and the proposed waterline.
(d)
The exact location of the lot lines and the area of the lot.
(e)
The site of all proposed structures and buildings on the subject
property including underground and surface storage areas, sanitary
facilities and the location of all structures and buildings within
100 feet on adjoining properties.
(f)
The proposed uses.
(g)
The engineering design for all work in respect to waterways
or to floodproofing.
(h)
The dimensions and location of areas to be graded including
the original and final elevations of the area.
(i)
The location and dimensions of areas to be filled including
the original and final elevations and the type of fill material to
be used.
(j)
Landscaping including proposed tree cutting and/or walls or
fences used for screening.
(k)
Design of the ingress and egress.
(l)
Off-street parking.
(m)
Height of all structures where height standards prevail.
(n)
The locations and types of all signs.
(o)
Locations and widths of existing and proposed rights-of-way.
(p)
All commercial and industrial projects will require state approved
building plans.
(3)
Approval. A site plan may be approved or conditionally approved or
denied by the Plan Commission, provided the site plan conforms to
all applicable provisions of this chapter and the administrative policies
of the Village Plan Commission.
P.
Exemptions.
(1)
The following uses are exempted by this chapter and permitted in
any district: poles, towers, wires, cables, conduits, vaults, laterals,
pipe, mains, valves or any other similar distributing equipment for
telephone or other communications and electric power, gas, water and
sewer lines.
(2)
The provisions regarding filling, grading, tree cutting and work
in respect to waterways shall not apply to the construction and repair
of public roads, flood control structures, or conservation practices
such as, terracing, installation of diversions, grass waterways, subsurface
drainage, nonnavigable drainage ditches, stream stabilization by riprapping
or vegetative cover, ponds used for agricultural purposes or nonfloating
docks accessory to private dwellings.
Q.
Violations and enforcement.
(1)
Every structure, fill, building, dwelling or use constructed, placed
or maintained in violation of this chapter is deemed a public nuisance,
and the construction, placement or creation of such nuisance may be
enjoined, and the maintenance of such nuisance may be abated by an
action instituted in Circuit Court by the Village to enjoin the construction
or continued maintenance of such structure, fill, building, dwelling
or use.
(2)
Owners of lands or properties, occupiers of land or premises, and
agents of owners or occupiers including, without limitation because
of enumeration, contractors, surveyors, plumbers, installers, soils
technicians, or their agents, or lending institutions and insurers
or their agents are responsible for compliance with all provisions
of this chapter which bear upon their area of competency and responsibility.
(3)
In the case of any violation, the Village Board, the Zoning Administrator,
contracted Building Inspector, or the Village Plan Commission may
institute appropriate action or proceeding to enjoin a violation of
this chapter.
(4)
If upon inspection or investigation, the Zoning Administrator becomes
aware of a condition which is, or likely will become, unlawful, the
Zoning Administrator or contracted Building Inspector shall notify
the parties to the situation who are deemed to be responsible and
potentially liable. Such notice shall include:
(a)
A demand that the condition that is alleged to constitute the
present or potential violation be halted, prevented from occurring
or remedied; or
(b)
A statement that a complaint on the condition and request for
prosecution has been or will be transmitted to the Village Attorney
and/or to enforcement officials, state agencies, or both.
(5)
Hearings. Parties served notice and interested parties will be given
an opportunity to offer testimony in a public hearing before the Plan
Commission. Class 2 notice shall be given as per § 985.07,
Wis. Stats.
(6)
Penalties. Any person, firm or corporation who fails to comply with
the provisions of this chapter shall be given written notice of such
by the Zoning Administrator. The responsible party shall have 30 days
to comply or appeal in writing to the Village Clerk/Treasurer for
a hearing with the Board of Appeals. The appropriate fee shall be
included with the appeal. If the Board of Appeals upholds the notice
of violation, the party shall comply within 10 business days of such
notice. Upon continued failure to comply, the responsible party shall
forfeit not less than $20 per day for the first 10 days the violation
exists or continues. If the violation continues after 10 days, the
responsible party shall forfeit not less than $50 per day for each
additional day the violation continues. In default of payment of such
forfeiture and costs, the responsible party may be imprisoned in the
Waushara County Jail until payment thereof, for a period not to exceed
30 days.
(7)
As a substitute for, or in addition to forfeiture actions, the Village
may, after proper notice, cause the violation to be abated. The cost
of abatement shall be chargeable to and assessed against the property
affected.
(8)
Execution against defendant's property. Whenever any person
fails to pay any forfeiture and costs of prosecution upon the order
of the court for violation of any ordinance of the Village, the court
may, in lieu of imprisonment, or after release from custody, issue
an execution against property of the defendant for said forfeiture
and costs.
(9)
As a substitute for, or in addition to, forfeiture actions, the Village
Attorney may, on behalf of the Village, seek enforcement of any and
all parts of this chapter by court actions seeking injunction or restraining
orders.
(10)
Where a conditional use, variance, planned development or design
review has been approved subject to specified conditions, and where
such conditions are not complied with, the Zoning Board of Appeals
may conduct a hearing upon a petition submitted by any interested
party or by the Zoning Administrator to revoke the approval. A finding
of noncompliance with the conditions imposed shall be grounds for
revocation.
(11)
Conditions placed on rezonings, approvals or permits may include
requirement of bonds or similar surety arrangements to assure performance
of required obligations.
R.
Plan Commission. Changes and Amendments.
(1)
Authority. Whenever the public necessity, convenience, general welfare
or good zoning practice requires, the Village Board may, by ordinance,
change the district boundaries or amend, change or supplement the
regulations established by this chapter or amendments hereto. Such
change or amendment shall be subject to the review and recommendation
of the Village Plan Commission.
(2)
Initiation. A change or amendment may be initiated by the Village
Board, Village Plan Commission or by petition of one or more of the
owners or lessees of the property within the area proposed to be changed.
(3)
Petitions. Petitions for any change to the district boundaries or
amendments to the regulations shall be filed with the Village Clerk/Treasurer,
describe the premises to be rezoned or the regulations to be amended,
list the reasons justifying the petition, specify the proposed use
and, where applicable, have attached the following:
(a)
Plat plan. Plat plan drawn to a scale of one inch equals 100
feet showing the area proposed to be rezoned, its location, its dimensions,
the location and classifications or adjacent zoning districts, and
the location and existing use of all properties within 200 feet of
the area proposed to be rezoned.
(b)
Owners. Owner's names and addresses of all property lying
within 200 feet of the area proposed to be rezoned.
(c)
Additional information. Additional information required by the
Village Plan Commission or Village Board.
(4)
Hearings and recommendation.
(a)
The Plan Commission shall establish a date for public hearing.
Class 2 notice shall be given prior to such hearing.
(b)
At least 10 days' prior written notice shall be given by ordinary
mail to owners of record of all lots or parcels within 300 feet of
the property. At least 10 days' written notice shall be given to the
clerk of any municipality whose boundaries are within 300 feet of
any lands affected by a proposed change in zoning district boundaries.
(c)
The Plan Commission shall issue its recommendations on the proposed
amendment to the Village Board within 60 days of referral to the Commission.
Failure of the Plan Commission to act within 60 days shall allow the
Village Board to proceed with a hearing and action.
(5)
Village Board's action. After careful consideration of the Village
Plan Commission's recommendations, the Village Board shall vote
on the passage of the proposed change or amendment. Where allowed
by Wisconsin Zoning Law, rezonings may have conditions placed upon
them where the Village Board believes it is necessary to achieve the
public interest and intent of this chapter.
(6)
Protest. In the event of protest against such district change or
amendment to the regulations of this chapter, duly signed and acknowledged
by the owners of 20% or more either of the areas of the land included
in such proposed change, or by the owners of 20% or more of the 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 changes
or amendments shall not become effective except by the favorable vote
of 3/4 of the full Village Board membership.[7]
(7)
Appeal of the Village Board action in regards to zone changes within
the Village of Coloma shall be made directly to, and only to, the
Waushara County Circuit Court by writ of certiorari.
S.
Appeals of interpretations of the Zoning Administrator.
(1)
Appealable matters. Decisions by the Zoning Administrator that consists
of interpretations of the terms of the Coloma Zoning Ordinance as
it pertains to whether a permit will be issued are appealable to the
Zoning Board of Appeals. Decisions by the Zoning Administrator to
issue an enforcement demand or to commence other enforcement activities
are appealable to the Zoning Board of Appeals.
(2)
Procedures.
(a)
An appeal may be initiated by any person aggrieved by the decision
or interpretations being appealed, or by any officer, department,
board or committee of the Village government.
(b)
An appeal shall be commenced within 30 days after the decision
or interpretation is made.
(c)
An appeal may be commenced by filing with the Village Clerk/Treasurer
a notice of appeal, identifying the decision being appealed, the grounds
for relief, and payment of applicable fees. The Zoning Administrator
shall notify the Zoning Board of Appeals and transmit to the Board
of Appeals all records pertinent to the decision being appealed.
(d)
An appeal of a decision to issue a permit or approval or to
issue an enforcement demand or to commence enforcement proceedings
shall cause the permit or approval to be suspended or stay further
enforcement proceedings, unless the Zoning Administrator or Village
Attorney files with the Zoning Board of Appeals a certificate alleging
that suspension or stay will cause imminent peril. If such a certificate
is filed, proceedings shall not be stayed except by restraining order
issued by a court or the Zoning Board of Appeals.
(e)
Following the procedures specified in § 62.23(7)(e),
Wis. Stats., the Zoning Board of Appeals shall decide the matter based
upon whether the decision, determination, or interpretation being
appealed was in error. The Board may reverse or affirm, wholly or
partly, or may modify the decision appealed from, or may make such
decision as ought to have been made, and to that end shall have all
the powers of the officer from whom the appeal is taken.
T.
Variances.
(1)
A variance is an authorization granted by the Board of Appeals to
construct, alter or use a building or structure in a manner that deviates
from the dimensional standards of the chapter. Relief from dimensional
standards may be granted where for a specific property, owing to special
or peculiar conditions, a literal enforcement of the chapter will
result in exceptional difficulty or unnecessary hardship. Said relief
shall allow the spirit of the chapter to be observed.
(2)
Applications for variances in zoning regulations may be filed by
any party having a property interest in the property in question,
along with payment of the applicable fee, to the Village Clerk/Treasurer.
The Clerk/Treasurer shall transmit the application to the Zoning Board
of Appeals.
(3)
The Board of Appeals may request any information deemed necessary
to aid in a decision, including but not limited to a site plan or
plat and verification of property lines and building locations, by
certified survey map, if necessary.
(4)
Following the procedures set forth in § 62.23(7)(e), Wis.
Stats., the Zoning Board of Appeals shall decide the matter based
upon the following standards.
(a)
No variance may be granted that would have the effect of allowing
a use that would violate state law or administrative rules.
(b)
The Board of Appeals must find that the variance will not be
contrary to the public interest.
(c)
When considering a dimensional standard variance that will not
involve a significant change in the character of the district, the
hardship/difficulty test is whether compliance with the strict letter
of the restrictions would unreasonably prevent the owner from using
the property for an allowed purpose or would render conformity unnecessarily
burdensome.
(d)
When a dimensional variance would, if approved, cause significant
change in the character of the district, the hardship/difficulty test
is whether, in absence of approval, no feasible use can be made of
the property.
(e)
Use variances (variances allowing a use not specified for that
district by this chapter) are not permitted.
(5)
The granting of a variance to construct a building or structure or
other use shall expire within six months after the decision of the
Zoning Board of Appeals unless a building permit has been issued or
the use has commenced.
A.
Establishment of districts. In order to carry out the purpose and
provisions of this chapter, the following districts are hereby established
and may be known by the accompanying abbreviated symbols:
|
RD
|
Rural Development District
| |
|
AG
|
Agricultural District
| |
|
R-1
|
Residential 8,000 Square Feet
| |
|
R-2
|
Residential 12,000 Square Feet
| |
|
R-3
|
Residential Two-Family
| |
|
R-4
|
Residential Multifamily
| |
|
RC-1
|
Retail Business at Residence
| |
|
RC-2
|
Non-Retail Business at Residence
| |
|
C-1
|
Neighborhood Commercial
| |
|
C-2
|
Community Commercial/Downtown
| |
|
C-3
|
Highway Commercial
| |
|
I-1
|
Light Industrial/General Business
| |
|
I-2
|
Heavy Industrial/Manufacturing
|
B.
Incorporation of maps.
(1)
The locations and boundaries of the zoning districts are shown on
the Village Zoning Map and referred to by reference as the Official
Zoning Map, Coloma, Wisconsin.
(2)
That map, together with all explanatory matter and regulations thereon,
is an integral part of this chapter.
(3)
Official copies of the Zoning Map, together with a copy of this chapter,
shall be kept by the Village Clerk/Treasurer and shall be available
for public inspection during official hours.
C.
Boundaries of districts. Where uncertainty exists with respect to
the boundaries of the various districts as shown on the Zoning Map,
the following rules shall apply:
(1)
Boundaries indicated as approximately following the center lines
of streets, highways or alleys shall be construed to follow such center
lines.
(2)
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following Village boundaries
shall be construed as following municipal boundaries.
(4)
Boundaries indicated as parallel to, or extension of, features indicated
in the preceding shall be so construed.
(5)
The Board of Appeals, in accordance with the provisions of this chapter,
shall hear and decide the precise location of a district boundary
line when such line cannot otherwise be determined.
A.
Purpose. This district provides for the continuation of forestry
and general crop farming in areas of the Village not yet committed
to development. It is further intended to protect lands from development
until their orderly transition into other districts is required.
B.
Minimum parcel size is two acres.
C.
Permitted uses. Crop farming, produce farming, floriculture, forestry,
orchards.
A.
Purpose. This district provides for forestry, general crop farming
and animal husbandry in areas of the Village not adjacent to, or in
close proximity to residential or commercial districts of the village.
B.
Permitted uses. Crop farming, produce farming, floriculture, forestry,
orchids and animal husbandry.
C.
Permitted accessory uses. General farming buildings.
A.
Purpose.
(1)
General. The (R) residential districts are designed to:
(a)
Protect the residential character of the included areas by excluding
commercial activities;
(b)
Encourage a suitable environment for family life by permitting,
under certain conditions, such neighborhood facilities as churches,
schools, and playgrounds;
(c)
Permit, under certain conditions, appropriate institutions to
be located in residential neighborhoods;
(d)
Preserve openness of the areas and avoid overcrowding by requiring
certain minimum yards, open spaces and site area; and
(e)
Make available a variety of dwelling types and densities and
a variety of locations to serve a wide range of individual requirements.
(2)
Districts. The following districts are included in this chapter to
carry out the purposes listed above.
(a)
(R-1) Residential Single-Family District. This district provides
for moderate-size lot (8,000 square feet minimum) single-family residential
development in a suitable environment.
(b)
(R-2) Residential Single-Family District. This district provides
for large-size lot (12,000 square feet minimum) single-family residential
development in a suitable environment.
(c)
(R-3) Residential Two-Family District. This district provides
for two-family dwellings in a residential environment.
(d)
(R-4) Residential Multifamily District. This district provides
for multifamily dwellings in a residential environment.
B.
General provisions.
(1)
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 conditional use permit, are set forth in the Land Use and Activities
Table of the Village of Coloma, attached to this chapter. Regulations
for lot size, yards and similar bulk requirements are set forth in
the Bulk Requirements Table of the Village of Coloma, attached to
this chapter. Both said schedules are hereby adopted and made part
of this chapter.
(2)
Excluded uses or activities. A land use or activity not set forth
in the attached Land Use and Activities Table of the Village of Coloma
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 conditional use permit.
(3)
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 Plan Commission in accordance with this chapter.
(5)
Accessory uses and structures.
(a)
Accessory uses and structures are permitted in the side or rear
yard only; they shall not be closer than 10 feet to the principal
structure; shall not exceed 18 feet in height; shall not occupy more
than 25% of the side or rear yard area; they shall not be closer than
three feet to any lot line in District R-1, not closer than 10 feet
to any lot line in District R-2.
(b)
Accessory building, structure or use on a corner lot, a reversed
corner lot or a through lot shall be set back from the property lines
adjoining a street the distance required for a front yard, unless
otherwise required herein for a specific permitted or conditional
use.
A.
Purpose.
(1)
General. The (C) commercial districts are designed to facilitate
the development of commercial uses in accordance to the future growth
and development of the Village. To provide for a wide range of commercial
uses of land, there are three districts specified in this chapter.
These districts are designed to permit development for the respective
purposes outlined and to protect nearby residential areas by requiring
that certain minimum yard, area, parking and loading requirements
be met.
(2)
Districts. The following districts are included in this chapter to
carry out the purposes listed above:
(a)
(C-1) Neighborhood Commercial District. This district provides
for uses found in small commercial areas as located throughout the
Village.
(b)
(C-2) Community Commercial District. This district provides
for uses found in the central business district of the Village.
(c)
(C-3) Highway Commercial District. This district provides for
commercial service-type uses, uses specifically oriented towards the
traveler, tourist or vacationer and usually located near major highways.
B.
General provisions.
(1)
Schedule of regulations. Restrictions and controls for land uses
or activities permitted in commercial districts, or land uses or activities
having conditions attached to them, are set forth in the Land Use
and Activities Table of the Village of Coloma, attached to this chapter.
Regulations for lot size, yards and similar bulk requirements are
set forth in the Bulk Requirements Table of the Village of Coloma,
attached to this chapter. Both schedules are hereby adopted and made
part of this chapter.
(2)
Excluded uses or activities. A land use or activity not set forth
in the Land Use and Activities Table of the Village of Coloma, attached
to this chapter, is not permitted in commercial districts in the Village
except that uses and activities which are similar to those which are
permitted in a district may be permitted by conditional use permit.
(3)
Enclosure of operation. All business, servicing or processing shall
be conducted within completely enclosed buildings except for:
(a)
Off-street parking or loading.
(b)
Drive-in-type operations when conducted as a lawful permitted
or conditional use.
(c)
Outdoor display or sales activity which is normally associated
with the operation of a permitted or conditional use.
(d)
The temporary sale of Christmas trees, Christmas greenery, and
agricultural or floricultural products may be conducted in open lots
or accessory structures in all commercial districts for a limited
period of time.
(4)
Scope of operations. All business establishments shall be retail
trade or service establishments dealing directly with consumers. Any
assembly, disassembly or production shall be clearly incidental to
the basic use.
(5)
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 Plan
Commission.
C.
Design standards for land uses in (C-3) Highway Commercial District.
No building or use shall be constructed or established in a C-3 District
unless it conforms to the following design standards:
(1)
Setbacks/yards. The space within the front setback area 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.
(2)
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.
(3)
Outside storage. All outside storage areas and items stored outside, other than vehicles, shall be screened from public view by fencing or landscaping, except as limited by need for access, and shall be maintained in an attractive manner. Refuse and recycling storage shall be screened as specified in § 480-3E(4).
(4)
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 feet of green area as outlined in Subsection C(1). No on-street parking is allowed. The number of spaces provided shall be adequate for the proposed use as specified in § 480-14.
(5)
Minimum landscaping requirements. Ten percent of the open site shall
be put into landscaping, including grass, shrubs, trees or other suitable
and decorative material. All plant materials shall be maintained in
a living and growing condition so as to present a healthy, neat, and
orderly appearance. The area shall be kept free of refuse and debris.
A.
Purpose.
(1)
General. This chapter provides for a wide range of industrial uses
and locations. The (I) industrial districts are to encourage the location
and design of industrial areas protected from residential encroachment,
according to the following principles:
(a)
Access. Industrial districts should be located where they will
have convenient access to major arterial highways.
(b)
Nuisances. Zoning should be used to control location of industries
on the basis of their characteristics. Industries of such nature that
nuisance factors cannot yet be satisfactorily eliminated should be
located so as to be of minimum detriment to other land uses.
(c)
Traffic. I Districts should be so located that it is not necessary
to route the traffic generated by industrial uses through residential
or shopping center districts.
(2)
Districts. The following districts are included in this chapter to
carry out the purposes listed above:
(a)
(I-1) Light Industrial. This district is intended to accommodate
a limited range of general business and light industrial uses. It
is the intent of these provisions that all structures shall be designed
and constructed in such a manner as to provide aesthetically pleasing
and harmonious overall development within the district.
(b)
(I-2) Heavy Industrial. This district is intended to provide
for uses which by their nature may exhibit characteristics harmful,
noxious or detrimental to surrounding uses of land
B.
General provisions.
(1)
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, are set forth in the Land
Use and Activities Table of the Village of Coloma, attached to this
chapter. Regulations for lot size, yards and similar bulk requirements
are set forth in the Bulk Requirements Table of the Village of Coloma,
attached to this chapter. Both said tables are hereby adopted and
made part of this chapter.
(2)
Excluded uses or activities. A land use or activity not set forth
in the Land Use and Activities Table of the Village of Coloma, attached
to this chapter, is not permitted in an industrial district in the
Village except those uses and activities which are similar to those
permitted in a district may be permitted by conditional use permit.
(3)
Setbacks along district lines.
(a)
In an (I) industrial 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 80 feet from a residential district boundary
line or less than 400 feet from an existing residence. All buildings
and accessory uses shall be set back 30 feet from street rights-of-way.
(b)
Off-street parking and permitted outdoor storage may be located
in such setback areas except that no parking shall be located less
than 30 feet from a front or side lot line.
(c)
From an interior lot line, which line is also a boundary of
a residential district, all off-street parking or outdoor storage
shall be effectively screened from such residential district by a
buffer strip at least 12 feet wide and planted to provide an effective
visual screen.
(d)
When industrial buildings or structures which exist on the effective
date of this chapter have setbacks from a residential district of
less dimensions than is required herein, any expansion of said buildings
or structures shall, in lieu of the above requirements, be required
to provide setbacks from a residential district as determined by the
Plan Commission in its site plan review.
(4)
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.
(5)
Enclosure of operation. All operations shall be conducted within
completely enclosed buildings except:
(a)
Off-street parking and off-street loading when conforming with
regulations set forth in this chapter.
(b)
Establishments of the drive-in type offering goods and services
to customers waiting in parked automobiles.
(c)
Servicing, repairing, testing, cleaning and other operations
of transportation facilities customarily conducted out-of-doors.
(d)
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 feet or more than eight feet in height.
(e)
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.
(6)
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 Plan Commission
in accordance with this chapter.
C.
Additional standards for land uses in I-1 Light Industrial.
(1)
All uses require conditional site plan review and approval by Plan
Commission.
(2)
Nuisance control. No operation, process, manufacturing, or building
shall produce or create excessive noise, light, odor, smoke, vibration,
heat, dust, gas, electronic interference, toxic matter, industrial
waste, or other external nuisance.
(3)
Landscape requirements. Minimum landscaping requirement: 5% of the
open site shall be put into landscaping, including grass, shrubs,
trees or other suitable and decorative material. All plant materials
shall be maintained in a living and growing condition so as to present
a healthy, neat, and orderly appearance. The area shall be kept free
of refuse and debris.
(4)
Architectural control. Complete architectural design must be given
to all facades of all buildings with all side and rear elevations
being given architectural treatment compatible with the front elevation
for the building. Any portions of the building facing a street or
residentially zoned area shall be finished in an attractive manner
in keeping with the accepted standards used for the type of building.
(5)
Outdoor trash storage. Any outdoor trash storage areas shall be maintained
within the rear and side yard required setbacks. The area shall be
screened from view from the street and adjoining properties with a
solid fencing to provide a suitable vision screen. The minimum height
of the fence shall be six feet and the maximum eight feet.
D.
Restrictive covenants in Business Park. The restrictive covenants
in the Business Park created by TID 1 shall take precedence over the
general standards in this section of the chapter. The covenants are
included in this chapter as Addendum 1, Business Park Restrictive
Covenants.[1]
[1]
Editor's Note: Said addendum is on file and available for
inspection in the Village Clerk/Treasurer's office.
The Village of Coloma adopts the provisions of Waushara County Ordinance No. 76, Section 8.1, and creates the Groundwater Protection Overlay District in § 460-1. Unincorporated areas in the Town of Coloma are administered by the Town of Coloma and Waushara County, the County having adopted the district as submitted by the Village. The provisions of this Groundwater Overlay District are in addition to the requirements in the underlying zoning district. If there is a conflict between these regulations and of the underlying zoning district, the more restrictive provisions shall apply.
A.
General provisions.
(1)
Uses listed in the Land Use and Activities Table of the Village of
Coloma, attached to this chapter, as permitted by conditional use
permit may be authorized in the district in which permitted upon application
to the Plan Commission and subject to the Commission's authorization
of a conditional use permit.
(2)
The Plan Commission shall consider the effect of granting such permit
on the health, general welfare, safety and economic prosperity of
the Village and of the immediate area in which such use would be located,
including such considerations as the effect on the established character
and quality of the area, its physical attractiveness, the movement
of traffic, the demand for related services, the possible hazardous,
harmful, noxious, offensive, or nuisance effects resulting from noise,
dust, smoke or odor and other factors.
B.
Procedure.
(1)
A request for a conditional use permit shall be submitted in writing
to the Zoning Administrator, or the Village Clerk/Treasurer as agent
for the Administrator, who shall promptly refer the application to
the Plan Commission. The application shall be accompanied by the same
information as is required for a building permit and the fee specified
in the Zoning Permit Fee Schedule of the Village of Coloma.[1] The Plan Commission may require such other information
as may be necessary to determine and provide for an enforcement of
this chapter, including a site plan as specified in this chapter.
[1]
Editor's Note: The current fee schedule is on file in the
Village offices.
(2)
The Plan Commission shall review the site; existing and proposed
structures and architectural plans; parking areas and driveway locations;
highway access, traffic generation and circulation; drainage, sewerage
and water systems; operation; conditions which will effect the maintenance
of safe and healthful conditions, prevention and control of water
pollution including sedimentation, the location of the site with respect
to floodplains and the compatibility of the proposed use with the
use of the adjacent land.
(3)
Upon consideration of the factors listed above, the Plan Commission
may require such conditions, in addition to those listed elsewhere
in this chapter, as it deems necessary in furthering the purpose of
this chapter. Such conditions may include specifications for, without
limitation because of specific enumeration, landscaping, type of construction,
construction commencement and completion dates, sureties, lighting,
fencing, operational control, hours of operation, traffic circulation,
deed restrictions, access restrictions, increased setbacks and yards,
specified sewage disposal and water supply systems, planting screens,
sights, or any other requirements necessary to fulfill the purpose
and intent of this chapter.
C.
Hearing. The Plan Commission shall schedule a public hearing on the
application within 30 days after it is filed. Class 2 notice shall
be given prior to such hearing.
D.
Determination. The Plan Commission shall report its decision within
90 days after the filing of the application. Its decision shall include
an accurate description of the use permitted, of the property on which
it is permitted, and any and all conditions made applicable.
E.
Appeal of the Plan Commission decision. A decision of the Plan Commission
in granting or denying a conditional use permit may be appealed to
the Village Board. Applications for such appeals shall be signed by
the applicant or by persons who would have protest petition rights
under § 62.23(7), Wis. Stats., or by any Board of Trustees
member. Such appeal shall be filed within 10 days of the Plan Commission
action. The Board of Trustees may affirm. To reverse or modify the
action of the Plan Commission will require a 3/4 majority.[2]
F.
Mapping and recording. When a conditional use is approved, an appropriate
record shall be made by the Village Clerk/Treasurer, at the direction
of the Zoning Administrator, of the land use and building permits
and such grant shall be applicable solely to the structures, use and
property so described.
G.
Termination. Where a permitted conditional use does not continue
in conformity with the conditions of the original approval, the conditional
use permit shall be terminated by action of the Plan Commission and
may be considered by the Commission as a violation of this chapter.
H.
Conditions for selected conditional use permits. Land uses or activities
listed in the Land Use and Activities Table of the Village of Coloma,
attached to this chapter, as being "conditional uses" 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, in addition to any required by the
Plan Commission, have been complied with or a variance has been granted.
(1)
Animal hospital or pound. Animal hospitals or pounds shall have a
lot area not less than one acre, and all principal structures and
uses shall be not less than 100 feet from any residential district.
(2)
Animal reduction. All principal structures and uses involving animal
reduction shall be located at least 600 feet from residential, public
and semipublic and commercial districts.
(3)
Airport, air strips and landing fields. Airports, air strips and
landing fields shall have a lot area of not less than 20 acres.
(4)
Bag cleaning. All principal structures and uses involving bag cleaning
shall be located at least 600 feet from residential and public and
semipublic buildings.
(5)
Bakery. A bakery is permitted in a Neighborhood Commercial District,
provided that all goods processed and prepared on the premises are
sold only on the premises.
(6)
Battery and tire sales and service. A battery and tire sales and
service establishment is permitted in a Highway Commercial District,
provided that:
(7)
Bleacheries. Bleacheries shall be located at least 600 feet from
residential and commercial districts.
(8)
Boat sales and repair. A boat sales and repair establishment is permitted
in the Highway Commercial District, provided that:
(a)
Parking areas and access thereto are paved and are landscaped
according to district standards or not less than a five-foot landscape
area between parking area and the right-of-way.
(9)
Camping areas. Camping areas may be permitted, provided that:
(a)
The minimum size of a camping area shall be five acres.
(b)
The maximum number of camping sites shall be 10 per acre.
(c)
Minimum dimensions of a camping site shall be 50 feet wide by
40 feet long.
(d)
Each camping site shall be separated from other camping sites
by a yard not less than 15 feet wide.
(e)
There shall be 1 1/2 automobile parking spaces for each
camping site.
(f)
There shall be a minimum setback for each camping site of 40
feet from all other exterior lot lines.
(g)
The Planning Commission shall specify that adequate waste disposal
facilities are provided.
(10)
Canneries. All principal structures and uses involving canning
shall be located at least 600 feet from residential and commercial
districts.
(11)
Churches or other places of religious worship.
(a)
In commercial districts, churches shall have a lot area not
less than two acres and shall have all principal structures and uses
not less than 50 feet from any lot line.
(b)
No structure may be located less than 30 feet from any residential
lot line.
(c)
Adjacent to residential lot lines, a heavily landscaped buffer
strip at least 12 feet wide shall be provided.
(12)
Clubs, fraternities, lodges and meeting places of a noncommercial
nature. Clubs, fraternities, lodges and meeting places of a noncommercial
nature shall have all principal structures and uses not less than
25 feet from any lot line.
(13)
Drive-in theaters. Drive-in theaters shall have a planting screen
at least 50 feet wide along any side abutting a residential district.
(14)
Dwelling, efficiency. One efficiency dwelling (See § 480-1.) is permitted when such dwelling is included within the structure of an owner-occupied one-family dwelling and does not occupy more than 30% of the total usable floor area not to exceed 200 square feet to 400 square feet of such one-family dwelling.
(15)
Dwelling, multiple-family abutting R-1 and R-2 Districts. A
multifamily dwelling is permitted adjacent to or across the street
from R-1 and R-2 Districts, provided that:
(a)
The building setback requirements of the R-1 and R-2 District are met and a landscaped buffer strip at least 10 feet wide (See § 480-1.) shall be established adjacent to the R-1 and R-2 lot line and approved as part of site plan approval.
(b)
Trash receptacles are located not less than five feet from any
property line and are appropriately screened.
(c)
Approved facilities are provided for the outdoor or indoor storage
of seasonal vehicles, recreation equipment, and similar items.
(16)
Dwelling; single family, duplex, multifamily - C-2 District.
Dwelling units occupying second floor level as an accessory to permitted
uses in the Community Commercial District.
(a)
Residential dwelling units shall not be permitted on the ground
floor in the C-2 District.
(b)
One parking space shall be provided for each dwelling unit on
premises or may be acceptable off premises with evidence of long-term
availability.
[1]
Residential units shall meet minimum standards for basic equipment,
lighting, heating, ventilation, electrical services, and related standards
specified in the Uniform Dwelling Code adopted by the Village of Coloma.
(c)
Residential units shall have outside ingress/egress independent
of the principal commercial use.
(d)
Minimum floor space for dwelling units shall be 400 square feet.
(e)
Efficiency units shall not be allowed.
(17)
Electric and steam generating plants. Electric and steam generating
plants shall be located at least 600 feet from residential and commercial
districts.
(18)
Electroplating. All principal structures and uses involving
electroplating shall be located at least 600 feet from residential
and commercial districts.
(19)
Enameling. All principal structures and uses involving enameling
shall be located at least 600 feet from residential and commercial
districts.
(20)
Filling. Filling may be permitted, provided that the fill material:
(a)
Shall be suitable for its intended use; no fill intended for
supporting buildings shall consist of junk, wood, paper, mulch, peat
or any similar material which could cause subsidence.
(b)
Is protected from erosion so as not to cause siltation of adjacent
lands or navigable waters. The use of a temporary ground cover or
other conservation practices such as sediment catch, basins or diversion
terraces may be required in order to prevent erosion.
(c)
Shall rest on a firm bottom and is stabilized according to accepted
engineering standards.
(d)
Shall not impede the drainage from adjacent lands as to create
significant harm without the adjacent landowner's written consent.
(e)
Shall not in any manner alter the course of a waterway on property
belonging to someone other than the applicant.
(21)
Forges. Forges shall be at least 600 feet from residential and
commercial districts.
(22)
Foundries. Foundries shall be at least 600 feet from residential
and commercial districts.
(23)
Funeral homes. Funeral homes shall have all principal structures
and uses not less than 25 feet from any lot line.
(24)
Grading. Grading of an area greater than the specified area
may be permitted, provided that:
(a)
The smallest amount of bare ground shall be exposed for the
shortest time feasible and permanent ground cover shall be established
as soon as practical.
(b)
Precautions shall be taken to prevent erosion and sedimentation
through the use of silting basins, diversion, terraces or similar
practices used individually or in combination where circumstances
warrant such.
(26)
Home occupations. Home occupations may be permitted, provided:
(a)
The occupation is conducted only by members of the family, within
their place of residence.
(b)
That no article is sold or offered for sale on the premises
except that which is produced by the home occupation.
(c)
That no stock-in-trade is kept or sold.
(d)
That no mechanical equipment is used other than such as is permissible
for purely domestic purposes.
(e)
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. 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.
(f)
No storage or display of materials, goods, supplies or equipment
related to the operation of the home occupation is visible outside
any structure located on the premises.
(g)
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.
(h)
Only one 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.
(i)
The use does not involve the use of commercial vehicles for
more than occasional delivery of materials to or from the premises.
(j)
The space required by the occupation or activity is no greater
than 25% of the gross floor area of the dwelling on the lot or 1/2
of an attached garage.
(27)
Hospitals. Hospitals shall have all principal structures and
uses not less than 50 feet from any lot line.
(28)
Incinerator, public. All public incinerators shall be located
at least 600 feet from residential and commercial districts.
(29)
Junkyards. No junk or salvage yard shall be permitted in the
Village of Coloma except in conformance with a plan approved by the
Village Plan Commission. Such yards shall comply with the following
requirements:
(a)
Junk or salvage materials shall not be located within 600 feet
of public roads, streets and highways, and all establishments of this
kind shall have minimum side and rear yards of 100 feet each.
(b)
Junk or salvage materials shall be enclosed by a suitable fence
or planting screen so that the materials are not visible from other
property in the vicinity of the junkyard, nor from a public right-of-way
such as roads, streets, highways and waterways. The fence or planting
screen shall be kept in good repair.
(c)
Junk or salvage materials shall not be piled higher than the
height of the fence, or planting screen, nor against the fence or
planting screen.
(d)
For fire protection, an unobstructed firebreak shall be maintained,
one rod in width and completely surrounding the salvage or junkyard.
(30)
Lacquering. All principal structures and uses involving lacquering
shall be located at least 600 feet from residential and commercial
districts.
(31)
Lithographing. All principal structures and uses involving lithographing
shall be located at least 600 feet from residential and commercial
districts.
(32)
Manufacturing and bottling of alcohol beverages. Manufacturing
and bottling of alcohol beverages shall be located at least 600 feet
from residential and commercial districts.
(33)
Manufacturing and processing of materials listed below. Manufacturing
and processing of abrasives, acetylene, acid, alkalis, ammonia, asbestos,
asphalt, batteries, bedding, bleach, bone, cabbage, candles, carpeting,
celluloid, cement, cereals, charcoal, chemicals, chlorine, coal, coffee,
coke, cordage, creosote, dextrin, disinfectant, dye, excelsior, felt,
fish, fuel, furs, gelatin, glucose, gypsum, hair products, ice, ink,
insecticide, lampblack, lime, lime products, linoleum, matches, meat,
oil cloth, paint, paper, peas, perfume, pickle, plaster of paris,
plastics, poison, polish, potash, pulp, pyroxylin, radium, rope, rubber,
sausage, shoddy, shoe and lamp blacking, size, starch, stove polish,
textiles and varnish shall be located at least 600 feet from residential
and commercial districts.
(34)
Manufacturing, processing and storage of materials listed below.
Manufacturing, processing and storage of building materials, explosives,
dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease,
lard plastics, radioactive materials, shellac, soap, turpentine, vinegar
and yeast shall be located at least 600 feet from residential and
commercial districts.[3]
(35)
Mobile home parks. Mobile home parks are permitted as conditional uses pursuant to the provisions of § 480-12 of this chapter.
(36)
Nursery, greenhouse, truck garden. In a residential district,
nurseries, greenhouses and truck gardens may be permitted, provided
that:
(37)
Nursing homes. Nursing homes shall have all principal structures
and uses not less than 50 feet from any lot line.
(38)
Public transportation terminals such as heliports, bus and rail
depots, except airports, airstrips and landing strips. Public transportation
terminals such as heliports, bus and rail depots shall have all principal
structures and uses not less than 100 feet from any residential district
boundary.
(39)
Recreation areas. Recreation areas may be permitted, provided
that:
(a)
Compatibility. The area shall be compatible with adjacent land
or water uses.
(b)
Illumination. Any lighting facilities are designed as to minimize
reflection or glare.
(c)
Sanitary systems. Sanitary systems are adequately designed for
the intensity of use and are located as to not cause water pollution.
(d)
Screening. Bleachers, spectator stands, motor-driven rides,
concession stands, maintenance and storage buildings, parking lots
and sanitary facilities are effectively screened from the water and
adjacent properties by vegetative growth.
(40)
Rental service facility including vehicles. A rental service
facility (including vehicles) may be permitted in a commercial district,
provided that:[4]
(41)
Rest homes. Rest homes shall have all principal structures and
uses not less than 50 feet from any lot line.
(42)
Road test facilities. Road test facilities shall be located
at least 600 feet from residential and commercial districts.
(43)
Rooming house or boardinghouse. A rooming house or boardinghouse
is permitted in a residential district, provided that:
(b)
Bathroom facilities must conform to all Village housing and
health codes.
(c)
One 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.
(d)
All Wisconsin Administrative Code requirements shall be met
and are hereby adopted by reference.
(e)
Lodging rooms shall be permitted at a density not to exceed
one unit for each 2,000 square feet of lot area.
(45)
Sawmills. Sawmills shall have all principal and accessory structures
and uses located at least 600 feet from residential and commercial
districts.
(46)
Schools, public, parochial and private elementary and secondary.
Public, parochial and private elementary and secondary schools in
the residential and commercial districts shall have a lot area of
not less than two acres and shall have all principal structures and
uses not less than 50 feet from any lot line.
(47)
Secondhand store. A secondhand store may be permitted in a Community
Commercial District or Neighborhood Commercial District, provided
that there is no outside, overnight storage of furniture, appliances
or any other type of material or rummage.
(48)
Sewage disposal plant. Sewage disposal plants shall be located
at least 600 feet from residential and commercial districts.
(49)
Slaughterhouses. Slaughterhouses shall have all principal and
accessory structures and uses located at least 600 feet from residential
and commercial districts.
(50)
Smelting. Smelting operations shall have all principal and accessory
uses and structures at least 600 feet from residential and commercial
districts.
(51)
Tanneries. Tanneries shall have all principal and accessory
structures and uses located at least 600 feet from residential and
commercial districts.
(52)
Temporary building or fence. A temporary building or fence is
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.
(53)
Utilities. Utilities shall have all principal structures and
uses not less than 40 feet from any residential lot line.
(54)
Vehicle sales, service, washing and repair stations. Vehicle
sales, service, washing and repair stations shall have all gas pumps
not less than 30 feet from any side or rear lot line and 20 feet from
any existing or proposed street line.
(55)
Work in respect to waterways.
(a)
Shall not impede the drainage of adjacent lands without the
written consent of the adjacent landowners.
(b)
Shall not result in a change or alteration in the direction
of flow or a reduction in normal volumes of water that would be detrimental
to adjacent landowners or to the public interest.
(c)
Shall not create detrimental effects upon the wildlife habitat
on lands belonging to individuals other than the applicant.
(d)
Shall not be incompatible with adjacent land uses; create a
safety hazard or a nuisance.
(e)
Shall have the walls of artificial channels or watercourses
stabilized to prevent slumping and erosion.
(56)
Wrecking yard. Wrecking yards shall meet the same requirements
as those specified for junkyards.
(57)
Zero lot line. Zero lot line dwellings in the Residential Two-Family
R-3 District shall meet district requirements and in addition shall
meet the following conditions:
(a)
The developer shall show compliance of lot recordation.
(b)
Public services and utilities shall be provided to each specific
dwelling unit.
(c)
Front yards shall have public street orientation.
(d)
The adjacent lots are held under the same ownership at the time
of initial construction of the attached dwellings.
(e)
Each unit shall have individual driveway access and parking.
(f)
Restrictive covenants shall be recorded at the Waushara County
Register of Deeds providing declarations and/or bylaws similar to
those recorded on a declaration of condominium. Said covenants shall
provide for mediation of any and all disputes between owners of each
unit and with any third party with regard to construction, use, and
maintenance of the real property. Furthermore, said covenants shall
specifically state that the Village of Coloma and all approving authorities
shall not be held responsible for same and that said covenants shall
run with the land and inure to all heirs/successors and assigns.
A.
ACCESSORY STRUCTURE
COMMON AREA
DEPENDENT MOBILE HOME
DRIVEWAY
LICENSE
LOT AREA
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME STAND
PARK MANAGEMENT
PARK STREET
PERMIT
PERSON
TENANT STORAGE AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All structures constructed on a mobile home lot apart from
the basic mobile home unit, including awnings, cabanas, storage cabinets
(or sheds), carports, windbreaks, attached porches and garages.
Any area or space designed for joint use of tenants occupying
the mobile home park.
A mobile home which does not have complete bathroom facilities.
A minor private way used by vehicles and pedestrians on a
mobile home lot or used for common access to a small group of lots
or facilities.
A written license issued by the Village of Coloma allowing
a person to operate and maintain a mobile home park under the provisions
of this chapter and regulations issued hereunder.
The total area reserved for exclusive use of the occupants
of a mobile home.
A manufactured transportable, single-family dwelling unit
suitable for year-round occupancy, containing water supply, waste
disposal and electrical conveniences and is ready for occupancy except
for minor and incidental unpacking and assembly operations at the
site and as defined in Ch. 66, § 66.0435, Wis. Stats.
A parcel of land located in a mobile home park for the placement
of a single mobile home and the exclusive use of its occupants.
Any plot or plots of ground in public or private ownership
upon which two or more mobile home units are occupied for dwelling
or sleeping purposes, regardless of ownership and whether or not a
charge is made for such accommodation.
That part of an individual lot which has been reserved for
the placement of one mobile home unit.
The person who owns or has charge, care or control of the
mobile home park.
A private way which affords principal means of access to
individual mobile home lots or auxiliary buildings.
A written permit or certification issued by the Village of
Coloma permitting the construction, alteration and extension of a
mobile home park under the provisions of this chapter and regulations
issued hereunder.
Any individual, firm, trust, partnership, public or private
association or corporation.
An enclosed space designed to provide auxiliary general storage
space for an individual mobile home.
B.
Permits.
(1)
It shall be unlawful for any person to construct, alter or extend
any mobile home park within the limits of the Village of Coloma unless
he holds a valid permit issued by the Village Board in the name of
such person for a specific construction, alteration or proposed extension.
(2)
All applications for permits shall be filed with the Village Clerk/Treasurer,
reviewed by the Zoning Administrator and the Planning Commission and
shall contain the following:
(a)
Name and address of applicant.
(b)
Location and legal description of the mobile home park.
(c)
Complete plans and specifications of the proposed park showing
but not limited to the following:
[1]
The area and dimensions of the tract of land.
[2]
The number, location and size of all mobile home lots and the
location of common areas.
[3]
The location and width of roadways and walkways.
[4]
The location of the mobile home stand within the mobile home
lot.
[5]
Plans and specifications of all utilities including sewage collection
and disposal, stormwater drainage, water distribution and supply,
refuse storage and collection, lighting, electrical, telephone and
television antenna systems.
[6]
Landscaping plans for the entire park, including a planting
plan for the required buffer strip.
[7]
Plans and specifications of all buildings to be located within
the park.
[8]
Such other plans and specifications and information as may be
reasonably required by the Village Board.
(3)
No permit shall be issued for the construction of a mobile home park
unless said development shall contain a minimum of five acres.
C.
Licenses.
(1)
It shall be unlawful for any person to operate any mobile home park
within the limits of the Village of Coloma unless he holds a valid
license issued annually by the Village Board in the name of such person
for the specific mobile home park. All applications for licenses shall
be made to the Village Clerk/Treasurer who shall issue a license upon
compliance by the applicant with provisions of this section.
(2)
Every person holding a license shall give notice in writing to the
Village Clerk/Treasurer within three days after having sold, transferred,
given away or otherwise disposed of any interest in or control of
any mobile home park. Such notice shall include the name and address
of the person succeeding to the ownership or control of such mobile
home park. Upon application in writing for transfer of the license
and deposit of a fee of $10, the license shall be transferred if the
mobile home park is in compliance with all applicable provisions of
this section.
(3)
Applications for original licenses shall be in writing, signed by the applicant, and by depositing of a fee of $100 for each 50 lots or fraction thereof and shall contain the name and address of the applicant, the location and legal description of the mobile home park showing all mobile home lots, structures, roads, walkways and other service facilities as required by Subsection B(2) of this section.[1]
(4)
Applications for renewals of licenses shall be made in writing by
the holders of the licenses, shall be accompanied by the deposit of
a fee of $100 for each 50 lots or fraction thereof and shall contain
any change in the information submitted since the original license
was issued or the latest renewal granted.[2]
(5)
In addition to the above license fee, the licensee, owner or occupant
of every mobile home shall pay and be jointly and severally liable
for the payment of a monthly parking permit fee to the Village of
Coloma. Such monthly parking permit fee shall be collected by the
licensee, who is primarily liable for the payment, in accordance with
§ 66.0435(3) and (8), Wis. Stats. Said fee shall be $10.
(6)
After approval of such application in accordance with this section and before issuance of such license, the applicant shall cause to be filed a surety bond in the amount of $2,000 if the park contains 100 units or less or $4,000 if the park contains more than 100 units. The bond shall guarantee the collection from the licensee of the monthly parking fee provided for in Subsection C(5) of this section and the payment of such fees to the Village Clerk/Treasurer.
(7)
Whenever, upon inspection of any mobile home park, the Zoning Administrator or his authorized agent find that conditions or practices exist which are in violation of any provision of this section, the Village Clerk/Treasurer shall give notice in writing in accordance with Subsection E(1) to the person to whom the license was issued that, unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the Village Clerk/Treasurer, the license shall be suspended. At the end of such period, the Zoning Administrator or his authorized agent shall reinspect such mobile home park, and, if such conditions or practices have not been corrected, he shall suspend the license, and the Clerk/Treasurer will give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of such suspension, such person shall cease operation of such mobile home park except as provided in Subsection E(3).
D.
Inspection of mobile home park.
(1)
The Zoning Administrator or his authorized agent is hereby authorized
and directed to make such inspections as are necessary to determine
satisfactory compliance with this section.
(2)
The Zoning Administrator or his authorized agent shall have the power
to enter at reasonable times upon any private or public property for
the purpose of inspecting and investigating conditions relating to
the enforcement of this section.
(3)
The Zoning Administrator or his authorized agent shall have the power
to inspect the register containing a record of all residents of the
mobile home park.
(4)
It shall be the duty of the park management to give the Zoning Administrator
or his authorized agent free access to all lots at reasonable times
for the purpose of inspection.
E.
Notices and orders.
(1)
Whenever the Zoning Administrator determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this section, he may order the discontinuance of such violation
and shall give notice of such alleged violation to the person to whom
the permit or license was issued. Such notice shall:
(2)
Such notice and order shall have been properly served when a copy
has been sent by certified United States Mail to the last registered
post office of the permittee or licensee as registered with the Village
Clerk/Treasurer or when the same has been personally served upon the
attorney-in-fact of such permittee or licensee, or when the same shall
have been served in any other manner as provided by the Wisconsin
Statutes for the service of process.
(3)
Whenever the Zoning Administrator finds that an emergency exists
which requires immediate action to protect the public health, he may,
without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such action be taken as it may
deem necessary to meet the emergency, including the suspension of
the permit or license. Notwithstanding any other provisions of this
section, such order shall be effective immediately.
F.
General districts. Any person making application for a permit to
construct a mobile home park shall meet the following design and system
requirements:
(1)
Standards for mobile homes.
(2)
Environmental requirements.
(a)
Density. The maximum allowable density in a mobile home park
development shall be six units, or lots, per acre.
(b)
Minimum mobile home park size. No mobile home park shall be
constructed in the Village of Coloma unless said park shall contain
a minimum of five acres.
(c)
Minimum lot size. Individual lots within the mobile home park
must contain an area of not less than 4,250 square feet and a minimum
lot width of 50 feet at the building setback line.
(d)
Required separation between mobile homes and detached structures.
Mobile homes shall be separated from other detached buildings and
structures on the same lot by at least five feet. Any detached structure
shall not be closer than five feet to any lot line. An accessory structure
such as an awning, cabana, storage cabinet, carport, windbreak or
port attached to the mobile home shall, for purposes of the separation
requirement, be considered a part of the mobile home. Detached accessory
structures shall be allowed only if included and approved as part
of the original or revised mobile home park plan.
(e)
Setback and buffer strip. Each mobile home shall be located
at least 10 feet from any mobile home lot line. There shall be a distance
of 10 feet between the mobile home stand and the back of the curb
of the abutting park street. All mobile homes shall be located at
least 40 feet from any park property boundary line including public
streets. The front yard setback requirement shall be 10 feet to any
mobile home park street. No mobile home shall be located closer than
40 feet to any community building including any washroom, toilet or
laundry facilities within the park.
(f)
Screening. All mobile home parks shall be provided with a screening
of trees or shrubs along the property boundary line separating the
park and adjacent properties, except where the adjoining property
is also a mobile home park. The planting area shall have a minimum
width of 20 feet. Within such a planting area, there shall be established
within six months after issuance of the license for the occupation
of such mobile home parks the following plantings: a permanent planting
of evergreen trees and/or shrubs so arranged and in sufficient numbers
so as to form a solid wall of plant material. Within one year, such
planting shall be planted, or grown and maintained at a height of
not less than 10 feet except where line of sight vision is necessary
for pedestrian or vehicular traffic safety.
(g)
Recreation areas. Each mobile home park shall devote at least
a minimum of 1/2 acre per 100 sites or a minimum of 1/2 acre if less
than 100 sites to common space provided for the recreational use and
enjoyment of the occupants of the park. Such open space should, where
conditions permit, be centrally located so as to be free from traffic
hazards.
(h)
Allowable uses. Single-family mobile homes as defined by this
chapter shall be allowed, and any approved accessory structures included
in the original plans and specifications, or revisions thereof. Dependent
mobile homes shall specifically be prohibited from placement within
mobile home parks. Parks, playgrounds and open space shall be allowed
as well as the following commercial uses when they are for the exclusive
use of park residents:
(i)
Signs pertaining to the lease, hire or sale of individual mobile
homes, not more than two square feet in area, shall be allowed as
well as one mobile home park identification sign not more than 50
square feet in area to be located in close proximity to the park entrance.
(3)
Access requirements.
(a)
General requirements. All mobile home parks shall be provided
with safe and convenient vehicular access from abutting public streets
or roads to each mobile home lot. Such access shall be provided by
streets, driveways or other means.
(b)
Park entrance. Entrances to mobile home parks shall be designed
to minimize congestion and hazards and allow free movement of traffic
on adjacent streets.
(c)
Internal streets. Surfaced roadways shall be of adequate width
to accommodate anticipated traffic and in any case shall meet the
following minimum requirements:
(d)
Street construction and design standards.
[1]
Pavement. All park streets shall be provided with a minimum
of six-inch crushed stone base covered with a two-inch asphalt surface.
[2]
Driveways and roads. Each parking space shall contain a minimum
of 200 square feet. The space shall be paved with a smooth, hard and
dense surface which shall be durable and well drained under normal
use and weather conditions.
(e)
Parking requirements.
[1]
Occupant parking. A minimum of two surfaced parking spaces shall
be provided for occupant parking purposes.
[2]
Parking space. Each parking space shall contain a minimum of
200 square feet. The space shall be paved with a smooth, hard and
dense surface which shall be durable and well drained under normal
use and weather conditions.
(f)
Walkways.
[1]
All parks shall be provided with safe, convenient, all-season
pedestrian access of adequate width for intended use, durable and
convenient to maintain, between the park streets and all community
facilities provided for park residents.
[2]
Individual walks. All mobile home stands shall be connected
to paved streets or to paved driveways or parking spaces connected
to a paved street or roadway. Such individual walks shall have a minimum
width of two feet.
(4)
Mobile home stand.
(a)
For the purpose of this section, a "mobile home stand" shall
be defined as an area 16 feet by 70 feet. The area of the mobile home
stand shall be improved to provide adequate support for the placement
and tie-down of the mobile home, thereby securing the superstructure
against uplift, sliding, rotation and overturning.
(b)
Anchors and tie-downs shall be placed at least at each corner
of the mobile home stand, and each shall be able to sustain a minimum
tensile strength of 2,800 pounds.
(5)
Site suitability and stormwater drainage. Condition of soil, groundwater
level, drainage and topography shall not create hazards to the property
or the health or safety of the occupants.
(a)
Soil and ground cover requirements. Exposed ground surfaces
in all parts of the mobile home park that are not paved, covered with
stone screening, or other solid material shall be protected with a
vegetative growth that is capable of preventing soil erosion and of
eliminating objectionable dust.
(b)
Site drainage requirements. The ground surface in all parts
of every mobile home park shall be graded and equipped to drain all
surface water in a safe, efficient manner.
(6)
Water supply and sewerage disposal system.
(a)
The mobile home park shall make connection to the Village of
Coloma sewerage disposal and water system at the boundary of the site.
The mobile home park sewer and water system shall be constructed and
maintained according to standards set by the Village of Coloma.
(b)
The sewer and water service charge is based on water consumption
per meter reading. Said fee shall be remitted to the Village Clerk/Treasurer
by the due date on the water and/or sewer bill.
(7)
Refuse storage and collection system.
(a)
All refuse shall be stored in flytight, watertight, rodent-proof
containers, which shall be located not more than 100 feet from any
mobile home lot. Containers shall be provided in sufficient number
and capacity to properly store all refuse.
(b)
Refuse collection stands shall be provided for all refuse containers.
Such container stands shall be so designed as to prevent containers
from being tipped, to minimize spillage and container deterioration
and to facilitate cleansing around them.
(c)
All refuse containers shall be collected at regular intervals.
Where suitable collection service is not available from public or
private agencies, the mobile home park operator shall provide this
service. All refuse shall be collected and transported in covered
vehicles or covered containers.
(8)
Public utility system. All utility service systems shall be installed
and maintained in accordance with applicable codes and regulations
governing such systems.
(9)
Street and public walkway illumination requirements. All parks shall
be furnished with lighting units so spaced and equipped with luminaires
placed at such mounting heights as will provide the following average
maintained levels of illumination for the safe movement of pedestrians
and vehicles at night.
(a)
All parts of the park street system. A minimum of 0.4 average
maintained footcandle.
(b)
All parts of the public walkway system. A minimum of 0.3 average
maintained footcandle.
(c)
Potentially hazardous locations such as street intersections
and steps or stepped ramps shall be lighted directly with a luminaire.
(10)
Fire protection.
(a)
Fires shall be made only in barbecue grills, fireplaces, stoves
or other equipment intended for such purposes. Incinerators shall
be prohibited.
(b)
Portable fire extinguishers rated for Class A, Band C, fires
shall be kept in service buildings and shall be maintained in good
operating condition. Their capacity shall not be less than 2 1/2
pounds.
(c)
Fire hydrants shall be located within 300 feet of any mobile
home, service building or other structure in the park.
G.
Miscellaneous requirements.
(1)
Responsibility of the park management.
(a)
The person to whom a license for a mobile home park is issued
shall operate the park in compliance with this chapter and shall provide
adequate supervision to maintain the park, its facilities and equipment
in good repair and in a clean and sanitary condition.
(b)
The park management shall notify park occupants of all applicable
provisions of this section and inform them of their duties and responsibilities
under this section.
(c)
The park management shall supervise the placement of each mobile
home on its mobile home stand which includes securing its stability
and installing all utility connections.
(d)
The park management shall maintain a register containing the
names of all park occupants identified by lot number or street address.
A copy of such register, listing all such information, and all monthly
changes as of the first day of each month, shall be mailed to the
Village Clerk/Treasurer by park management on or before the 10th day
of each month.
(2)
Responsibilities of park occupants.
(a)
The park occupants shall comply with all applicable requirements
of this chapter and shall maintain his mobile home lot, its facilities
and equipment in good repair and in a clean and sanitary condition.
(b)
The park occupants shall be responsible for proper placement
of his mobile home on its mobile home stand and proper installation
of all utility connections in accordance with the instructions of
park management.
(c)
Pets, if permitted in the park, shall be prohibited to run at
large or to commit any nuisance within the limits of any mobile home
lot.
(d)
The undercarriage supports and stabilizing devices of the mobile
home shall be skirted to maintain an attractive community appearance.
(e)
Porches, awnings and other additions shall be installed only
if permitted and approved by the park management. When installed,
they shall be maintained in good repair. The space immediately underneath
a mobile home shall be used for storage only if permitted by the park
management. If permitted, the following conditions shall be satisfied:
(f)
The park occupant shall store and dispose of all his rubbish
and garbage in a clean, sanitary and safe manner. The garbage container
shall be rodent-proof, insect-proof and watertight.
H.
Variances. The Village Board upon issuing licenses and permits under
this section may in appropriate cases and subject to appropriate conditions
and safeguards make special exceptions to the terms of this chapter,
when recommended by the Board of Appeals, in harmony with its general
purpose and intent, so that the spirit of this chapter shall be maintained,
public safety and welfare secured and substantial justice done.
A.
Permit required. No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this chapter with the exception of those signs specified in Subsection E below.
B.
Application for permit. Applications for sign permit shall be made
upon forms provided by the Zoning Administrator and shall contain
or have attached thereto the following information:
(1)
Name, postal address and telephone number of the applicant.
(2)
Name and address of the owner and address of the premises on which
the sign is to be erected.
(3)
Plot plan showing the location of building, structure or lot to which
or upon which the sign or other advertising structure is to be attached
or erected and the sign location.
(4)
The location and type of any other signs located or proposed to be
located on the property.
(5)
Drawing of the sign to a scale not less than 1/2 inch equals one
foot.
C.
Issuance of permits.
(1)
It shall be the duty of the Zoning Administrator, upon the filing
of an application for a sign erection permit, to examine such plans
and specifications and other data. He shall determine whether the
proposed structure is in compliance with the requirements of this
chapter and all other regulations of the Village of Coloma. If so
determined, the Administrator shall authorize the Village Clerk/Treasurer
to issue a permit.
(2)
When unsure whether the application meets the intent of the chapter,
the Zoning Administrator may refer the application to the Plan Commission.
In considering said application, the Plan Commission shall consider
the purpose of said advertising; the appearance, location, lighting,
height and size of said structures; safety of operators of vehicles
upon the adjoining streets and highways; the effect of such structure
with respect to the scenic beauty of the vicinity in which said structure
is proposed to be located; the effect of said structure and advertising
with respect to the enforcement of state laws and county and Village
ordinances; the effect of said structure with respect to human life
because of falling or combustibility; the effect of said structure
and advertising with respect to the prevention of crime; and the effect
of such structure and advertising with respect to the general public
welfare, morals and the conserving of the taxable value of lands and
buildings located within the Village of Coloma and in the immediate
area adjacent to the proposed location of said structure.
(3)
The Plan Commission will approve, approve with modifications or deny
the sign permit application within 90 days from the date such application
is presented to the Plan Commission. Any approval given by the Plan
Commission shall be valid for 180 days. If a permit is not obtained
within the 180 days, such approval shall become null and void and
a new application shall be required.
(4)
Upon his determination that the proposed structure conforms with
the chapter of the Village of Coloma and upon notice of Plan Commission
approval, if the application is referred to it, the Village Clerk/Treasurer
shall issue the permit. If the work authorized under a sign permit
has not been completed within one year after date of issuance, said
permit shall become null and void.
D.
Prohibited signs in all districts.
(1)
Flashing signs, signs containing moving parts and signs containing
reflective elements which sparkle or twinkle in the sunlight, except
when approved by conditional use permit.
(2)
Signs which imitate or resemble traffic or regulatory signs.
(3)
No sign that constitutes a hazard to pedestrian or vehicular traffic
because of intensity or direction of illumination is permitted.
E.
Signs excepted. All signs are prohibited in all residential and rural
districts except the following:
(1)
Agricultural signs pertaining to the products at the agricultural
premises not to exceed 32 square feet in area for any one farm.
(2)
Signs over show windows or doors of a nonconforming business establishment
announcing without display or elaboration only the name and occupation
of the proprietor and not to exceed two feet in height and 10 feet
in length.
(3)
Real estate signs not to exceed eight square feet in area which advertises
the sale, rental or lease of the premises upon which said signs are
temporarily located.
(4)
Name, occupational and warning sings not to exceed two square feet
located on the premises.
(5)
Bulletin boards for public, charitable or religious institutions
not to exceed 16 square feet in area located on the premises.
(6)
Memorial signs, tablets, names of buildings, and date of erection
when cut into any masonry surface or when constructed of metal and
affixed flat against a structure.
(7)
Construction sign, on premises, identifying contractor, architect
and/or engineer, not to exceed two square feet in area.
(8)
Residential yard sale, garage sale and signs for other similar events,
not to exceed two square feet, for a period not to exceed three consecutive
days.
(9)
Combinations of any of the above signs shall meet all requirements
for the individual sign.
F.
Signs permitted. Signs are permitted in all commercial and industrial
districts. These districts are divided into two specific categories
and each has its own separate and distinct rules. These districts
are:
(1)
Downtown District. This is a geographic area described as all that
property abutting Front Street from Gould Street to North Street.
State Road 21 from First Street to Church Lane and Main Street from
Front Street to First Street.
(2)
General District. All other property not in the Downtown District
that is located in a commercial or industrial district.
G.
Regulations for Downtown Districts. Signs located in the Downtown
District are subject to the following restrictions:
(1)
Wall signs placed against the exterior walls of buildings shall not
exceed more than six inches outside of a building's wall surface;
said signs shall not exceed 120 square feet in area for only one premises,
and shall not exceed 20 feet in height above the mean center-line
street grade.
(2)
There shall be no projecting signs allowed in the state highway right-of-way.
(3)
There shall be no projecting ground signs allowed in this district.
(4)
Roof signs shall not exceed five feet in height above the roof, shall
meet all the yard and height requirements for the district in which
they are located, and shall not exceed 96 square feet on all sides
for any one premises.
(5)
Window signs shall be placed only on the inside of commercial buildings
and shall not exceed 75% of the glass area of the pane upon which
the sign is displayed.
(6)
Combinations of any of the above signs shall meet all requirements
for the individual sign.
(7)
Off premises. No sign or other advertising media not directly related
to the use of the premises on which it is located, except directional
or temporary signs as herein permitted.
(a)
Temporary signs. A sign for the purpose of designating a new
building or development, for the promotion of a subdivision, for announcement
of a special event or for similar special informational purposes may
be permitted for a limited period of time subjects to the following:
[1]
Drawings showing the specific design, appearance and location
of the sign shall be submitted to the Zoning Administrator for approval.
Such drawings shall be drawn to a scale of not less than 1/2 inch
equals one foot.
[2]
The permitted size and location of any such sign may be at the
discretion of the Plan Commission based upon the character of the
area, the type and purpose of the sign, and the length of the time
permitted.
[3]
Where the sign is to be located on the premises involved, such
sign may be permitted for a period of up to one year and extension
may be permitted for a period not to exceed a total of two years.
[4]
Where the sign is not to be located on the premises involved,
such sign may be permitted for a period not to exceed nine months.
(b)
Directional signs. A directional sign, not to exceed six square
feet in area for the purpose of directing patrons or attendants to
a commercial establishment off of the main-traveled highway or to
service clubs, churches, schools or other nonprofit organizations
may be permitted. A directional sign, not to exceed six square feet
in area, indicating direction to a church, hospital, school or other
public service building may be permitted in any district. Not more
than one directional sign may be erected within the Village of Coloma
for any single business or organization.
(c)
Conditional use. Off-premises signs may be allowed by conditional
use permit in C-3 District.
[1]
Any sign in C-3 District must be approved by Department of Transportation
permit.
[2]
No sign shall be closer than 10 feet to the right-of-way.
[3]
A maximum of 300 square feet per sign face will be allowed.
[4]
On back-to-back signs, the front and back are considered separate
faces.
[5]
No double-decker or stacked signs will be allowed.
[6]
A minimum of 1,000 feet between signs is required.
(8)
Awnings or canopies may be erected in this district and must meet
the following requirements:
(a)
No side distance from adjacent property is required.
(b)
Bottom of the awning shall be no less than 10 feet from the
sidewalk and/or roadway.
(c)
The awning may not protrude more than 75% of the width of the
sidewalk from the face of the property.
(d)
The awnings must be kept in a sightly manner and in good state
of repair.
(e)
Signage on awnings shall be limited to 25% of the exterior surface.
H.
Regulations for General District. Signs located in the General District
are subject to the following restrictions:
(1)
Wall signs placed against the exterior walls of buildings shall not
extend more than six inches outside of a building's wall surface,
shall not exceed 120 square feet in area for only one premises, and
shall not exceed 20 feet in height above the mean center-line street
grade.
(2)
Projecting signs fastened to, suspended from or supported by structures
shall not exceed 120 square feet in area for any one premises; shall
not extend more than six feet into any required yard; shall not exceed
more than three feet into any public right-of-way; shall not be less
than five feet from all side lot lines; shall not exceed a height
of 23 feet above the mean center-line street grade; and shall not
be less than 10 feet above the sidewalk nor 18 feet above a driveway
or an alley.
(3)
Ground signs shall not exceed 20 feet in height above the mean center-line
street grade and shall not exceed 120 square feet in area and shall
meet all yard requirements for the district in which they are located.
Only one sign for each street frontage shall be permitted.
(4)
Roof signs shall not exceed 10 feet in height above the roof, shall
meet all the yard and height requirements for the district in which
they are located, and shall not exceed 120 square feet on all sides
for any one premises.
(5)
Window signs shall be placed only on the inside of commercial buildings
and shall not exceed 75% of the glass area of the pane upon which
the sign is displayed.
(6)
Combinations of any of the above signs shall meet all requirements
for the individual sign.
(7)
Off-premises signs. No sign or other advertising media not directly
related to the use of the premises on which it is located, except
directional or temporary signs as herein provided and those approved
by conditional use permit as herein provided, shall be permitted.
(a)
Temporary signs. A sign for the purpose of designating a new
building or development, for the promotion of a subdivision, for announcement
of a special event or for similar special informational purposes may
be permitted for a limited period of time subject to the following:
[1]
Drawings showing the specific design, appearance and location
of the sign shall be submitted to the Zoning Administrator for approval.
Such drawings shall be drawn to a scale of not less than 1/2 inch
equals one foot.
[2]
The permitted size and location of any such sign may be at the
discretion of the Plan Commission based upon the character of the
area, the type and purpose of the sign, and the length of the time
permitted.
[3]
Where the sign is to be located on the premises involved, such
sign may be permitted for a period up to one year and extension may
be permitted for a period not to exceed a total of two years.
[4]
Where the sign is not to be located on the premises involved,
such sign may be permitted for a period not to exceed 90 days.
(b)
Directional signs. A directional sign, not to exceed six square
feet in area for the purpose of directing patrons or attendants to
a commercial establishment off of the main-traveled highway or to
service clubs, churches, schools or other nonprofit organizations
may be permitted. A directional sign not to exceed six square feet
in area indicating direction to a church, hospital, school or other
public service building may be permitted in any district. Not more
than one directional sign may be erected within the Village of Coloma
for any single business or organization.
(c)
Conditional use. Off-premises signs may be allowed by conditional
use permit in C-3 District.
[1]
Any sign in C-3 District must be approved by Department of Transportation
permit.
[2]
No sign shall be closer than 10 feet to the right-of-way.
[3]
A maximum of 300 square feet per sign face will be allowed.
[4]
On back-to-back signs, the front and back are considered separate
face.
[5]
No double-decker or stacked signs will be allowed.
[6]
A minimum of 1,000 feet between signs is required.
I.
Traffic. Signs shall not resemble, imitate or approximate the shape,
size, signals or devices, form or color of railroad or traffic signs.
Signs shall not obstruct or interfere with the effectiveness of railroad
or traffic signs, signals or devices. No sign shall be erected, relocated
or maintained so as to prevent free ingress to or egress from any
door, window or fire escape. No sign shall be attached to a standpipe
or fire escape. No sign shall be placed so as to obstruct or interfere
with traffic visibility nor be lighted in such a way as to cause glare
or impair visibility, upon public ways.
B.
In all districts except C-2, and in connection with every use, there
shall be provided at the time any use or building is erected, enlarged,
extended, or increased, off-street parking stalls for all vehicles
in accordance with the following:
(1)
Each parking space shall be of adequate size to accommodate anticipated
mix of vehicles.
(2)
All parking spaces shall be located on the same lot as the principal
use or not over 600 feet from the principal use, except employee parking
in the Industrial District.
(3)
Any lighting used to illuminate an off-street parking area shall
be aimed so as not to directly illuminate any parcel other than that
on which the parking is located.
(4)
All off-street parking areas for new buildings shall be graded and
surfaced so as to be dust free and properly drained. Paved parking
surfaces shall be required in commercial and industrial districts.
Any parking areas for more than five vehicles shall have the aisles
and spaces clearly marked. Curbs or barriers shall be installed so
as to prevent the parked vehicles from extending over any lot lines
or required sidewalks.
(5)
Minimum number of parking stalls required:
(a)
Singles and two-family dwelling: two stalls for each dwelling
unit.
(b)
Multifamily dwellings: 1.5 stalls for each dwelling unit.
(c)
Hotels, motels: one stall for each guest room plus one stall
for each two employees per working shift.
(d)
Churches, theaters, community centers, and other places of public
assembly: one stall for each five seats.
(e)
Schools: two for each classroom.
(f)
Restaurants, bars, places of entertainment: one stall for each
200 square feet of floor area.
(g)
Retail and service commercial: one stall for each 300 square
feet of floor area.
(h)
Manufacturing and processing plants, laboratories and warehouses:
one stall for each two employees per working shift.
(i)
Financial institutions; business, governmental, and professional
offices: one stall for each 200 square feet of floor area.
(6)
Combinations of any of the above uses shall provide the total of
the number of stalls required for each individual use.
(7)
In the case of structures or uses not mentioned, the provision for
a similar use shall apply. The Plan Commission shall make the determination.
C.
Truck parking in residential districts. Overnight parking of a school
bus, road tractor, semitrailer or truck tractor is prohibited in the
residential district on a public right-of-way.
D.
Inoperative vehicles. Motor vehicles which are not registered with
the State of Wisconsin or are inoperative shall be stored inside of
a garage or other enclosed structure so that they are not visible
from off the premises.
