This chapter shall be known, cited, and referenced as the "Greenville Zoning Ordinance" or "this chapter."
This chapter is established pursuant to the provisions of § 62.23(7)(am) of the Wisconsin Statutes.
Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to encourage the protection of groundwater resources; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and to preserve burial sites, as defined in § 157.70(1)(b), Wis. Stats. Such regulations shall be made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.
The regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
No land, building or structure shall hereinafter be used or occupied, and no building, structure, or part thereof shall hereinafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
No sign shall hereafter be erected, hung, placed, altered, or moved except in conformity with the regulations of the district in which it is located.
No part of a yard, open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, off-street parking or loading space similarly required for any other building except if allowed in another part of this chapter.
No lot or yard existing at the effective date of adoption of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Lots or yards created after the effective date of adoption of this chapter shall meet the minimum requirements established by this chapter.
No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced. No accessory building shall be used unless the principal building on the lot is also being used. No cellar or basement shall be used as a dwelling prior to substantial completion of the dwelling of which it is part.
Telephone, communication, gas and power transmission lines may be constructed within highway setback lines subject to permit, and additions to and replacements of existing lines may be made subject to permit, provided that the owner will first file with Greenville an agreement in writing that the owner will remove at its expense all new lines, additions and replacements constructed after the effective date of this chapter, when such removal is necessary for improvement of the highway.
The regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure, building, use, or land.
In their interpretation and application, the provisions of this chapter shall be considered minimum requirements. Where the provisions of this chapter impose greater restrictions than any statutes, other regulations, ordinance, or covenant, the provisions of this chapter shall prevail. Where the provisions of any statute, other regulation, ordinance, or covenant impose greater restrictions than the provisions of this chapter, the provisions of such statute, other regulations, ordinance, or covenant shall prevail. If there are conflicting regulations within this chapter, the more restrictive regulation shall prevail unless otherwise noted, and the conflicting regulations shall be corrected through the amendment process.
In addition to the applicability of these regulations, certain lands and structures in Greenville are also subject to, without limitations, regulations pertaining to floodplains, shorelands, wetlands, land divisions, airports, airport operations, or other similar regulations.
This chapter does not repeal, rescind, or otherwise negate any easement, covenant, ordinance, rule, or other regulation that is legally enforceable, provided that where the regulations of this chapter are either more or less restrictive than such easement, covenant, rules, or other agreements, the more restrictive standards or requirements shall prevail.
If any section, clause, provision, or portion of this chapter is judged invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. If any application of this chapter to a particular structure, land or water is judged invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in said judgment.
All ordinance or parts of ordinances in conflict with this Zoning Ordinance are hereby repealed to the extent necessary to give this chapter full force and effect. This chapter shall become effective on December 1, 2020.
To achieve the purposes of this chapter, Greenville is hereby divided into the following districts as set forth in this chapter: Reference: § 320-112.
AGD General Agricultural District.
AGD-FP General Agricultural Farmland Preservation Overlay District.
OS Open Space District.
RR Rural Residential District.
R1 Single-Family Residential District.
R2 Two-Family Residential District.
R3 Multifamily Residential District.
R4 Attached Single-Family Residential District.
MH Mobile/Manufactured Home Park District.
INST Institutional District.
NC Neighborhood Commercial District.
GC General Commercial District.
IND Industrial District.
AD Airport District.
CP Planned Commercial District.
BP Business Park District.
Establishment. The location and boundaries of the districts shall be as shown in a map entitled the "Official Zoning Map of Greenville, Outagamie County, Wisconsin." The district symbol, as set out in § 320-111 above and in this chapter, shall be used to designate each district. The Official Zoning Map with all notations, dimensions, designations, references, and other data shown shall accompany and be part of this chapter.
Editor's Note: The Zoning Map is on file in the Town offices.
Amendments. Amendments to the Official Zoning Map shall be approved by the Outagamie County Board of Supervisors in accordance with the provisions of this chapter and § 62.23(7)(d) of the Wisconsin Statutes. Amendments shall be effective as provided in § 62.23(7)(d) of the Wisconsin Statutes. Amendments shall promptly be portrayed on the Official Zoning Map.
Final authority as to zoning status. Regardless of the existence of purported copies of all or part of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the Clerk's office, shall be the final authority as to the current zoning status of any lands unless overruled by Outagamie County.
Replacement of Official Zoning Map. If the Official Zoning Map, or any page or portion thereof, becomes damaged, lost, destroyed or difficult to interpret, the Board may by resolution adopt a new Official Zoning Map or any page or pages thereof, which shall supersede the prior Official Zoning Map or page or pages thereof. The new Official Zoning Map, or page or pages thereof, may correct drafting or other errors or omissions, but no such correction shall have the effect of amending the original Official Zoning Map or page or pages thereof. If, in the process of correcting, drafting, or other errors or omissions, district boundaries are changed or altered, then action shall be taken only in the form of an amendment.
Retention of earlier maps. All Zoning Maps which have had the force and effect of Official Zoning Maps for Greenville prior to the effective date of adoption of this chapter shall be retained as a public record and as a guide to the zoning status of lands prior to such date.
Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the Official Zoning Map indicates the district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line.
Where uncertainty exists as to the boundaries of districts shown on the Official Zoning Map, the following rules apply:
Boundaries indicated as approximately following the center lines of streets, highways, alleys or rights-of-way shall be construed as following such center lines as they exist on the ground.
Boundaries indicated as approximately following lot lines shall be construed as following such lines; provided, however, that where such boundaries are adjacent to the dedicated street, highway or right-of-way and the zoning status of the street, highway or right-of-way is not indicated, the boundaries shall be construed as running to the middle of the street, highway or right-of-way.
Boundaries indicated as approximately following the limits of incorporated municipalities shall be construed as following such limits.
Boundaries indicated as following railroad tracks shall be construed as being midway between the main tracks.
Where boundaries do not follow property lines and distances are not specified, boundaries shall be determined by the use of the scale in the Official Zoning Map.
Where the property layout existing on the ground is at variance with what is shown in the Official Zoning Map, the Zoning Administrator shall interpret the Official Zoning Map.