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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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 chapter
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.
A.
AGD General Agricultural District.
B.
AGD-FP General Agricultural Farmland Preservation Overlay District.
C.
OS Open Space District.
D.
RR Rural Residential District.
E.
R1 Single-Family Residential District.
F.
R2 Two-Family Residential District.
G.
R3 Multifamily Residential District.
H.
R4 Attached Single-Family Residential District.
I.
MH Mobile/Manufactured Home Park District.
J.
INST Institutional District.
K.
NC Neighborhood Commercial District.
L.
GC General Commercial District.
M.
IND Industrial District.
O.
S Shoreland
District.
[Added 2-22-2021 by Ord.
No. 03-21]
P.
SW Shoreland-Wetland
District.
[Added 2-22-2021 by Ord.
No. 03-21]
Q.
FW Floodway
District.
[Added 2-22-2021 by Ord.
No. 03-21]
R.
FF Floodfringe
District.
[Added 2-22-2021 by Ord.
No. 03-21]
S.
FP Floodplain
District.
[Added 2-22-2021 by Ord.
No. 03-21]
T.
FS Flood
Storage District.
[Added 2-22-2021 by Ord.
No. 03-21]
A.
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.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of
the Village Clerk.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
Where uncertainty exists as to the boundaries of districts shown
on the Official Zoning Map, the following rules apply:
(1)
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.
(2)
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.
(3)
Boundaries indicated as approximately following the limits of
incorporated municipalities shall be construed as following such limits.
(4)
Boundaries indicated as following railroad tracks shall be construed
as being midway between the main tracks.
(5)
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.
(6)
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.
