A.
Jurisdiction. The jurisdiction of this chapter shall include all
structures, air, lands and water within the corporate limits of the
Village of Sullivan, Jefferson County, Wisconsin.
B.
Compliance. No structure, land or water shall hereafter be used and
no structure or part thereof shall hereafter be located, erected,
moved, reconstructed, extended, enlarged, converted or structurally
altered without full compliance with the provisions of this chapter
and all other applicable Village, county and state regulations.
The following use restrictions and regulations shall apply:
A.
Principal uses. Only those principal uses specified for a district
and their essential services shall be permitted in that district:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Performance standards. Performance standards listed in Article VIII shall be complied with by all uses in all districts.
C.
Conditional uses. Provisions applicable to conditional uses generally:
(1)
Conditional uses and their accessory uses are considered as special uses requiring for their authorization review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article IV of this chapter, excepting those existent at time of adoption of this chapter.
(2)
Those existing uses which are classified as "conditional uses" for
the district(s) in which they are located at the time of adoption
of this chapter require no action by the Plan Commission to continue
as valid conditional uses, and the same shall be deemed to be "regular
conditional uses."
(3)
Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission in accordance with Article IV.
(4)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article IV.
(5)
Conditional uses authorized by the Village Board, upon the recommendation
of the Plan Commission, shall be established for a period of time
to a time certain or until a future happening or event at which the
same shall terminate.
D.
Uses not specified in this chapter.
(1)
Uses not specified in this chapter which are found by the Village
Board, upon the recommendation of the Plan Commission, to be sufficiently
similar to specified permitted uses for a district shall be allowed
by the Village Board, upon the recommendation of the Plan Commission.
E.
Business use requiring an operations plan. A business use in any
zoning district shall required an approved business plan of operations,
preceded by a Plan Commission public hearing and recommendation, and
approval by the Village Board.
No lot, yard, parking area, building area or other space shall
be reduced in area or dimension so as not to meet the provisions of
this chapter. No part of any lot, yard, parking area or other space
required for a structure or use shall be used for any other structure
or use.
A.
Site suitability. No land shall be used or structure erected where
the land is held unsuitable for such use or structure by the Village
Board by reason of flooding, concentrated runoff, inadequate drainage,
adverse soil or rock formation, unfavorable topography, low percolation
rate or bearing strength, erosion susceptibility, or any other feature
likely to be harmful to the health, safety, prosperity, aesthetics
and general welfare of this community. The Village Board, in applying
the provisions of 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 Village Board may affirm, modify, or withdraw its determination
of unsuitability.
B.
Street frontage. All lots shall abut upon a public street or other
officially approved means of access, and each lot shall have a minimum
frontage of 25 feet; however, to be buildable, the lot shall comply
with the frontage requirements of the zoning district in which it
is located.
C.
Principal structures. All principal structures shall be located on
a lot. Only one principal structure shall be located, erected or moved
onto a lot.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D.
Dedicated street. No zoning permit shall be issued for a lot which
abuts a public street dedicated to only a portion of its proposed
width and located on that side thereof from which the required dedication
has not been secured.
E.
Lots abutting more restrictive districts. Lots abutting more restrictive
district boundaries shall provide side and rear yards not less than
those required in the more restrictive abutting district. This does
not apply to adjacent residential districts. The street yard setbacks
in the less restrictive district shall be modified for a distance
of not less than 60 feet from the more restrictive district boundary
line so such street yard setbacks shall be no less than the average
of the street yards required in both districts.
F.
Preservation of topography. In order to protect the property owner
from possible damage due to change in the existing grade of adjoining
lands, and to aid in preserving and protecting the natural beauty
and character of the landscape, no change in the existing topography
of any land shall be made which would result in increasing any portion
of the slope to a ratio greater than 1 1/2 horizontal to one
vertical, within a distance of 20 feet from the property line, except
with the written consent of the owner of the abutting property and
with the approval of the Village Board, following a recommendation
from the Plan Commission or which would alter the existing drainage
or topography in any way as to adversely affect the adjoining property.
In no case shall any slope exceed the normal angle of slippage of
the material involved, and all slopes shall be protected against erosion.
G.
Decks/porches. For purposes of this chapter, particularly regarding
setbacks, decks and/or porches shall be considered a part of the principal
building or structure being served.
H.
Double frontage lots. Buildings on through lots and extending from
street to street may have waived the requirements for a rear yard
by furnishing an equivalent open space on the same lot in lieu of
the required rear yard, provided that the setback requirements on
both streets be complied with.[1]
A.
From street. No principal building, or its accessory buildings, shall
be erected, altered or placed so that it, or any part thereof, is
located within or extends within the area between the center of a
public street or highway and the setback lines hereinafter established:
(1)
On Cty. Hwy. F and U.S. Hwy. 18, the setback line shall be located
110 feet from the center line of said highways.
(2)
On the balance of Main Street and all other streets, the setback
line shall be 75 feet from the center line of such street.
(3)
In the case of a circular turnaround at the blind end of a cul-de-sac,
the setback line shall be 90 feet from the center point of the turnaround.
(4)
If a service drive is constructed parallel and adjacent to a public
highway, the setback shall be increased by an amount equal to the
width of the service drive.
(5)
Such setback lines shall be parallel to and measured at right angles
to the center line of the street or highway.
B.
Corner lot setbacks. The setback requirements of Subsection A shall apply to both sides of a corner lot, unless a variance is granted by the Board of Appeals.
C.
Exceptions. In a business district where a proposed business building
is to be located adjacent or nearly adjacent to an existing building
fronting on the same street which has a setback less than required
by this chapter, the Board of Appeals, after notice and hearing, may
grant a variance from the setback requirements of this chapter to
harmonize with existing development. A similar exception may be granted
in the residence districts where the majority of dwellings already
constructed in a given block have less setback than required by this
chapter.
