A.
For interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements for the promotion of
the public health, safety, convenience, prosperity or general welfare.
It is not intended by this chapter to interfere with or abrogate or
annul any easements, covenants or other agreements between parties
or with rules, regulations or permits previously adopted or issued
pursuant to laws; provided, however, that where this chapter imposes
a greater restriction upon the use of buildings or premises or upon
the height of buildings, or requires larger open spaces than are imposed
or required by other ordinances, rules, regulations or by easements,
covenants or agreements, the provisions of this chapter shall govern.
B.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements. Wherever this chapter imposes
a greater restriction than is imposed or required by other provisions
of law or by other rules or regulations or ordinances, the provisions
of this chapter shall govern.
A.
The Building Inspector of the Village is hereby authorized, and it
shall be his duty, to enforce the provisions of this chapter.
B.
Any person who violates, disobeys, omits, neglects or refuses to
comply with, or who resists the enforcement of any of the provisions
of this chapter shall, upon conviction, forfeit not less than $50
nor more than $500 for each offense, together with the costs of prosecution,
and, in default of payment of such forfeiture and costs of prosecution,
shall be imprisoned in the county jail until said forfeiture and costs
are paid, but not to exceed 60 days. Each day that a violation continues
to exist shall constitute a separate offense. In addition, the Village
may pursue any or all other remedies permitted by statute for enforcement
of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
In order to regulate and restrict the location of trades, industries,
residences and other uses and the location of buildings designed,
erected, altered or occupied for specific purposes; to regulate and
limit the height and size of buildings hereafter erected or altered;
to regulate and determine the area of yards and other open spaces;
and to regulate and limit the density of population, the Village is
hereby divided into districts, of which there shall be six, known
as:
|
R-1
|
Single-Family Residence District
|
|
R-2
|
Single- and Two-Family Residence District
|
|
R-3
|
Multiple-Family Residence District
|
|
B-1
|
Business District
|
|
M-1
|
Light Industrial District
|
|
M-2
|
Heavy Industrial District
|
B.
The districts as listed above are defined to be in order of decreasing
restrictiveness, with R-1 deemed the "most restricted" or "highest"
and M-2 "least restricted" or "lowest."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Village is hereby divided into six zoning districts, as
above described, and the boundaries of such districts are shown upon
the Zoning Map made a part of this chapter. Said map is hereby specifically
identified as the Zoning Map of the Village of Browntown, Wisconsin,
adopted by the Village Board as of March 1981, and subsequent amendments
thereto, which said map is on file and is kept on file in the office
of the Village Clerk; and said Map and all notations, references and
other information shown thereon shall be as much a part of this chapter
as if the matters and information set forth therein were all fully
described herein.
Where uncertainty exists as to the boundaries of districts as
shown on the Official Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets, highways or alleys shall be construed to follow such center
lines.
B.
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following platted lot lines
shall be construed as following Village limits.
D.
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
Where a district boundary line shown on the Zoning Map divides
a lot which was in single ownership at the time of the effective date
hereof, the use authorized thereon and the other district requirements
applying to the most restricted portion of such lot under this chapter
shall be considered as extending to the entire lot. Upon application
to the Village Board, and if approved by said Board, the district
boundary of the least restricted portion of such a lot may be extended
for a distance of up to 35 feet in order to place the entire lot in
the least restricted district.
All new territory annexed to the Village shall automatically
become a part of the R-1 District and all the provisions of this chapter
applicable in the said Residence District shall apply to all such
annexed territory, unless the Village Board places such annexed territory
in one or more zones and adopts definite boundaries and regulations
for such annexed territory within 90 days of the date of such annexation.
Whenever any street, alley or other public way is vacated by
official action as provided by law, the zoning district adjoining
the side of such public way shall be extended automatically, depending
on the side or sides to which such land reverts, to include the right-of-way
thus vacated, which shall thenceforth be subject to all regulations
of the extended districts or district.
Except as hereinafter provided:
A.
Location. No building shall be erected, reconstructed or structurally
altered nor shall any building or land be used for any purpose other
than is permitted in the district in which such building or land is
located.
B.
Height. No building shall be erected, reconstructed or structurally
altered to exceed the height limit herein established for the district
in which such building is located.
C.
Yards. No lot area shall be so reduced or diminished that the yards
or other open spaces shall be smaller than prescribed by this chapter;
no yard or open space provided about any building for the purpose
of complying with the provisions of this chapter shall be considered
as providing a yard or open space for any other building; and no yard
or open space on an adjoining premises shall be considered as providing
a yard or open space on a lot whereon a building is to be erected,
and in no case shall there be more than one building on one lot excepting
as hereinafter provided.
D.
Required yards and courts. Every room in which one or more persons
lives, sleeps, works or congregates, except storage rooms, bathrooms,
toilet compartments, hallways, stairways or rooms where the nature
of the occupancy does not require direct light and air from the outside,
shall have a window area equal to 1/10 of the floor area of the room.
Such required windows shall open directly upon either a street, alley,
front yard, side yard, rear yard or outer court except that windows
located in rooms not devoted to residence use may open directly upon
an inner court, located on the same lot with the building, and conforming
to the requirements prescribed by this chapter as to its minimum dimensions.
E.
Visibility at intersections across corner lots. In any "R" District
on any corner lot, no fence, structure or planting shall be erected
or maintained within 20 feet of the corner (the point of intersection
of the street lot lines), so as to interfere with traffic visibility
across the corner.
F.
Construction adjacent to dead-end street. No construction shall be
permitted in the area encompassed by the extended right-of-way lines
between the end of any dead-end street or avenue and the corporate
limits of the Village (i.e., within the area lying in the path of
said street or avenue as extended to the corporate limits) without
prior approval of the Village Board. Prior written notice of any hearing
before the Village Board to permit such construction in such areas
shall be given to the Planning Commission of the Village at least
three days prior to any such hearing so that a representative of said
Planning Commission may be given an opportunity to appear at any said
hearing and advise the Village Board of any recommendations the Planning
Commission may have relative to said construction and the particular
matter then pending before the Board.
G.
Agricultural uses. No agricultural uses are permitted in any of the
districts created by this chapter. Existing agricultural uses in any
of the districts may continue as a nonconforming use, but the agricultural
activity being practiced shall not be extended, enlarged, or significantly
modified after the enactment of this chapter.
H.
Buildings of any kind erected within 1/4 mile of the boundaries of
the Village dump and the Village sewer treatment site must be preapproved
by the Planning Commission. The Planning Commission will inform the
Village Board, who will then determine issuance of a building permit.
[Amended 9-14-1994; 7-9-2002; at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
I.
Mobile homes or trailers, hereafter referred to as a "manufactured
home," may be placed on lots within the Village in areas zoned R-1,
R-2 and R-3, which when placed on the site shall meet or exceed the
following specific requirements; all other Village of Browntown zoning
ordinance regulations and provisions are effective and will include
manufactured homes:
[Amended 8-8-1989]
(1)
Placement of a manufactured home shall be on land owned by the owner
of the manufactured home; shall be owner-occupied.
(2)
Connection to utilities is required; must provide a frost-free environment
for water meter, accessible for repairs or replacement.
(3)
Off-street parking shall conform to § 285-40 of this chapter, along with all other setback requirements.
(4)
The enclosed foundation wall must be eight inches thick and four
feet below grade; the home must be fastened securely to the foundation
in accordance with manufacturer's specifications.
(5)
Manufactured homes more than 10 years of age shall not be brought
onto any lot within the Village limits.
(6)
National Electric Code, Article 550-3, is applicable to manufactured
homes.
(7)
A minimum building size for all single-family homes, manufactured
homes included, is to be not less than 720 square feet.
The height and area regulations set out in this chapter shall
be subject to the following exceptions and regulations:
A.
Height:
(1)
In the Residence Districts, public and semipublic buildings may be
erected to a height not exceeding 50 feet, provided the side yards
heretofore specified are increased one foot for each foot such building
exceeds the height limit heretofore specified.
(2)
On through lots, the height of the building may be measured from
the mean elevation of the finished grade along the front of the building,
considering the end facing either street as the front.
(3)
Chimneys, cooling towers, elevator bulkheads, scenery lofts, monuments,
domes, spires, parapet walls, similar structures and necessary mechanical
appurtenances may be erected to any height in accordance with existing
or hereafter adopted ordinances of the Village.
B.
Area:
(1)
An accessory building not over 15 feet in height, and an enclosing
fence over four feet in height, or both, may occupy not more than
30% of the area of a required rear yard or 20% of the actual rear
yard, whichever is greater, but shall not project within two feet
of any side or rear lot line; provided further, however, that this
regulation shall not prevent the construction of a joint private garage
across the common lot line of two adjoining lots.
(2)
Buildings on through lots and extending through from street to street
may waive the requirements for a rear yard by furnishing an equivalent
open space in lieu of such required rear yard.
(3)
Every part of a required yard shall be open and unobstructed from
its lowest level to the sky, except for the ordinary projections of
sills, belt courses, chimneys, flues, buttresses, ornamental features
and eaves; provided, however, that none of the aforesaid projections
shall project into a required yard more than 24 inches or into a required
court more than 12 inches.
(4)
Open or lattice-enclosed fire escapes, fireproof outside stairways
and balconies opening upon fire towers projecting into a yard not
more than five feet shall be permitted where so placed as not to obstruct
light and ventilation.
(5)
No cornice shall project over a street line more than two feet.
(6)
Ornamental fences shall be permitted where so placed as not to obstruct
light and ventilation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Village Board may, from time to time, on its own motion
or on petition, after public notice and hearing as provided by law,
amend, supplement or change, modify or repeal the boundaries or regulations
herein or subsequently established, after submitting the same to the
Village Planning Commission for its recommendations and report.
If any section, subsection, sentence, clause or phrase of this
chapter is, for any reason, held to be invalid, such decision shall
not affect the validity of the remaining portions of this chapter.
The Village Board hereby declares that it would have passed this chapter
and each section, subsection, clause and phrase thereof irrespective
of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
For the purposes of this chapter, certain terms or words used
herein shall be interpreted as follows: The word "person" includes
a firm, association, organization, partnership, trust, company or
corporation as well as an individual. Words used in the present tense
include the future tense, the singular number includes the plural,
and the plural number includes the singular. The word "buildings"
shall include the word "structure." The word "used" or "occupied"
shall include "arranged, designed, constructed, altered, converted,
rented, leased or intended to be used or occupied." The word "shall"
is mandatory, and not directory; the word "may" is permissive.
A subordinate use or building or portion of the main building,
the use of which is purely incidental to that of the main building.
An automobile trailer, camp wagon or other vehicle or building on
wheels or part thereof used as a temporary or permanent dwelling shall
not be considered an accessory building or use.
A public thoroughfare which affords only a secondary means
of access to abutting property.
A place where gasoline, kerosene or any other motor fuel
or lubricating oil or grease, minor repairs and accessories, such
as tires and parts, for operating motor vehicles are offered for sale
to the public and deliveries are made directly into motor vehicles.
A story partly underground but having at least 1/2 of its
height above the mean level of the adjoining ground. A basement shall
be counted as a story for the purpose of height measurements, if the
vertical distance between the ceiling and mean level of the adjoining
ground is more than five feet, or if used for business purposes, or
if used for dwelling purposes by other than a janitor or his family.
A building, other than a hotel, where meals or lodging and
meals are served for compensation for not more than eight persons.
The vertical distance from the average curb level in front
of the lot or the finished grade at the front building line, whichever
is higher, to the highest point of the coping of a flat roof, to the
deckline of a mansard roof, or to the average height of the highest
gable of a gambrel, hip or pitch roof.
A story having more than 1/2 of its height below the mean
level of the adjoining ground. A cellar shall not be occupied for
living purposes and shall not be counted as a story for the purposes
of height measurements.
An open, unoccupied space on the same lot with the main building
and which does not extend to either a street or alley or to a front
yard, rear yard or side yard of the lot.
An open, unoccupied space, other than a yard, on the same
lot with the main building and which extends to a street or alley
or to a front yard, rear yard, or side yard of the lot. The length
of an outer court is the horizontal distance between the end opening
on a street, alley or yard and the end opposite such street, alley
or yard.
A portion of the corporate area of the Village within which
certain uniform regulations and requirements, or various combinations
thereof, apply under the provisions of this chapter.
A building or portion thereof used or designed as a residence
of three or more families living independently of each other and doing
their own cooking therein, including apartments, apartment hotels
and group houses.
A detached building designed for or occupied exclusively
by one family.
A building designed for or occupied exclusively by two families
living independently of each other.
One or more persons occupying a premises and living as a
single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging house or hotel.
All the property abutting on one side of a street between
intercepting or intersecting streets, or between a street and a right-of-way,
waterway, end of a dead-end street, around a cul-de-sac, or Village
boundary measured along a street line.
A garage used for storage purposes only and having a capacity
of not more than three automobiles or not more than one automobile
per family housed in the building to which such garage is accessory,
whichever is the greater, and in which space may be rented for not
more than three vehicles of others than occupants of the building
to which such garage is accessory.
A structure of portion thereof, other than a private or storage
garage, where self-propelled vehicles are equipped, repaired, serviced,
hired, sold, refinished or stored.
The vertical distance from the lowest level of such yard
or court to the mean height of the building walls on the same lot.
An occupation for gain or support conducted only by members
of a family residing on the premises, provided that any special space
designed or arranged for such occupation does not exceed 20% of the
floor area of the dwelling or 400 square feet, whichever is lesser,
and provided further that no exterior alterations are made to the
dwelling to accommodate such occupation, and further provided that
no article is sold or offered for sale except such as may be produced
by members of the immediate family residing on the premises.
A building occupied as the more or less temporary abiding
place of individuals who are lodged with or without meals and in which
there are more than six sleeping rooms, usually occupied singly, and
no provision made for cooking in any individual apartment.
A place where waste, discarded or salvaged materials are
bought, sold, exchanged, baled, packed, disassembled or handled, including
auto wrecking yards and places or yards for storage of scrap metal,
paper, rags, glass, scrap lumber or other scrap material.
The long-range plan for the desirable use of land in the
Village as officially adopted and as amended from time to time by
the Village Planning Commission. The purpose of such plan, among other
things, is to serve as a guide in the zoning (and progressive changes
in the zoning of land to meet changing needs), in the subdividing
and use of undeveloped land, and in the acquisition of rights-of-way
or sites for public purposes such as streets, parks, schools and public
buildings.
A building, other than a hotel, where lodging is provided
for compensation for not more than eight persons.
A piece or parcel of land having a width and depth sufficient
to provide the space necessary for one main building and its accessory
buildings, together with such open spaces as required by this chapter,
and having frontage on a public street or officially approved place.
The lines bounding a lot as defined herein.
The average width of the lot measured at right angles to
its depth.
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°.
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
A corner lot, the rear lot line of which coincides with any
part of the side lot line of an abutting interior lot.
A lot having frontage on two parallel or approximately parallel
streets.
A building or land occupied by a use that does not conform
with the use regulations of the district in which it is situated.
An unobstructed piece of ground or floor space sufficient
for the temporary storage of one automobile. Each such parking space
shall be located off the public street but accessible thereto and
shall be not less than 10 feet in width and 200 square feet in area
exclusive of maneuvering space and access to a public street or alley.
A loading space is not a parking space.
When conducted in a residence or apartment district, a professional
office shall be incidental to the residential occupation, shall be
conducted entirely within a residential building, and shall include
only the offices of doctors or practitioners, ministers, architects,
lawyers, authors, artists, musicians, landscape architects and other
professional occupations commonly conducted in residences.
Professional or announcement signs not over one square foot
in area, except that public or religious institutions may have for
their own use an announcement sign not over eight square feet in area;
and except signs not over four square feet in area pertaining to the
lease, rent or sale of a building or premises.
A stable for horses, mules or ponies which are let, hired,
used or boarded on a commercial basis.
A criterion established in the interest of protecting the
public safety and for the control of noise, odor, smoke, noxious gases
and other objectionable or dangerous elements generated by and inherent
in or incidental to land uses.
The 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 such floor and the ceiling
next above it.
The space under any roof except a flat roof which if occupied
for residential purposes shall be counted as a full story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground.
A departure from the terms of this chapter as applied to
a specific building, structure or parcel of land, which the Village
Board may permit, contrary to the regulations hereof for the district
in which such building, structure or parcel of land is located, when
the Board finds that a literal application of such regulations will
effect a limitation on the uses of the property which does not generally
apply to other properties in the same district and for which there
is no compensating gain to the public health, safety or welfare.
The width of a yard or court is its least horizontal dimension
at its lowest level.
An open, unoccupied space on the same lot with the main building,
extending the full width of the lot and situated between the front
line of the lot and the front line of the building projected to the
side lines of the lot. The depth of the front yard shall be measured
between the front line of the building and the front line of the lot.
Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into a required
front yard.
An open space on the same lot with a main building, unoccupied
except as hereinafter permitted, extending the full width of the lot
and situated between the rear line of the lot and the rear line of
the building projected to the side lines of the lot. The depth of
the rear yard shall be measured between the rear line of the lot,
or the center line of the alley if there be an alley, and the rear
line of the building.
An open unoccupied space on the same lot with a main building,
situated between the side of the building and the adjacent side line
of the lot and extending from the rear line of the front yard to the
front line of the rear yard. If there is no front yard, the front
boundary of the side yard shall be the front line of the lot, and
if there be no rear yard, the rear boundary of the side yard shall
be the rear line of the lot. The street side yard on corner lots shall
extend from the rear of the front yard to the rear line of the lot
in every case.
