The jurisdiction of this chapter shall include all lands and
waters within the corporate limits of the Town of West Bend.
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
except in conformity with the regulations herein specified for the
district in which it is located.
The Zoning Administrator is hereby designated as the administrative
officer for the provisions of this chapter. The duty of the Zoning
Administrator shall be to interpret and administer this chapter and
to issue all permits required by this chapter. The Town Clerk or the
Town Clerk's designee and, when appropriate, the Building Inspector
shall assist the Zoning Administrator in the administration and enforcement
of the chapter.
A.
Responsibilities. The Zoning Administrator shall further:
(1)
Maintain records of all reviews, staff reports, and relevant correspondence.
The Town Clerk shall be responsible for maintaining records of all
permits issued, inspections made, work approved, and other official
actions.
(2)
Inspect all structures, lands, and waters as often as necessary to
assure compliance with this chapter.
(3)
Investigate all complaints made relating to the location of structures
and the use of structures, lands, and waters; give notice of all violations
of this chapter to the owner, resident, agent, or occupant of the
premises; and report uncorrected violations to the Town Attorney.
(4)
Assist the Town Attorney in the prosecution of ordinance violations.
(5)
Access premises and structures during reasonable hours to make those
inspections as deemed necessary by him or her to ensure compliance
with this chapter. If, however, the Zoning Administrator and/or Building
Inspector is refused entry after presentation of his or her identification,
he or she may procure a special inspection warrant in accordance with
§ 66.0119, Wis. Stats.
(6)
Prohibit the use or erection of any structure, land or water until
the Building Inspector has inspected and approved such use or erection.
(7)
Request assistance and cooperation from the Town Police Department
and Town Attorney, as deemed necessary.
(8)
Attend meetings of the Plan Commission, Town Board, and Town Zoning
Board of Appeals on an as-needed basis.
It is the responsibility of the permit applicant to comply fully
with the requirements of all applicable Town ordinances and to secure
all necessary permits required by any federal, state, or county agency
or any other agency or organization requiring permit approval.
No land shall be used or structure erected where the land is
unsuitable for such use or structure 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 Zoning Administrator
and Plan Commission, in applying the provisions of this chapter, shall
in writing recite the particular facts upon which they base their
conclusion that the land is not suitable for certain uses. The applicant
shall have an opportunity to present evidence contesting such unsuitability
if they so desire. Thereafter, the Plan Commission may affirm, modify,
or withdraw the determination of unsuitability. In addition:
A.
Lots. All lots shall abut a public street, and each lot shall have
a minimum frontage of 66 feet, except where a lot does not meet the
required frontage but has access to a public street and was a lot
of record with the Washington County Register of Deeds on April 1,
1986. Such lot may be occupied by any permitted or conditional use
of the zoning district within which the lot is located, provided that
such proposed use complies with all other applicable provisions of
this chapter.
B.
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 in a residential district. The Plan Commission
may permit more than one structure per lot in other districts where
more than one structure is needed for the orderly development of the
parcel. Where additional structures are permitted, the Plan Commission
may impose additional yard requirements, landscaping requirements,
or parking requirements, or require a minimum separation distance
between principal structures.
C.
Street grade. Every building hereafter erected, structurally altered,
or relocated shall be at a grade approved by the Building Inspector
as being in satisfactory relationship with the existing street grade,
with particular consideration for proper drainage and safe vehicular
access.
D.
Preservation of topography. In order to protect the property owner
from possible damage due to change in the existing grade of adjoining
land, 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 abutting property owner 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 material involved, and all slopes shall be protected against erosion.
E.
Lots abutting more restrictive district. Lots abutting more restrictive
district boundaries shall provide side and rear yards not less than
those required in the more restrictive abutting district, unless otherwise
preempted. The primary street yards on the less restrictive district
shall be modified for a distance of not more than 75 feet from the
district boundary line so as to equal the average of the primary street
yards required in both districts.
The following use restrictions and regulations shall apply:
A.
Principal uses. Only those principal uses specified for a district,
their essential services, and the uses listed below shall be permitted
in that district.
B.
Accessory uses and structures. Accessory uses and structures are
permitted in any district, but not until their principal structure
is present or under construction. Construction of a principal structure
shall be completed within one year of commencement of construction
of an accessory structure. Residential accessory uses shall not involve
the conduct of any business, trade, or industry except home occupations
and professional home offices as defined in this chapter.
C.
Temporary uses. The Zoning Administrator may authorize the establishment
of certain temporary uses for a limited duration, provided that such
uses comply with the general and specific standards of this section.
(1)
The following temporary uses are allowable with an approved temporary
use permit:
(a)
A dwelling unit, situated on a lot, parcel, or tract along with
a primary dwelling unit, that provides a temporary residence for the
residents of the associated primary dwelling unit that has been deemed
uninhabitable due to fire, flood, or other disaster, or is under construction
or undergoing substantial repairs or reconstruction. The temporary
residence is allowed on the lot, parcel or tract only while the primary
residence is undergoing new construction or repair. A temporary dwelling
unit may also include a residence located on a nonresidential construction
site and occupied by persons having construction or security responsibilities
over such construction site. The temporary residence shall be removed
from the lot, parcel, or tract upon completion of such construction.
(b)
Retail sales of products, including but not limited to Christmas
trees, nursery products, or agricultural produce, or special event
celebrations in any district for a period not to exceed the number
of days specified in the temporary use permit. Display of products
need not comply with the setback requirements of this chapter, provided
that no display shall be located within a right-of-way or restrict
the vision clearance requirements.
(c)
Off-premises displays of vehicles and equipment in the B-1 and
B-2 Districts intended for marketing purposes.
(d)
Temporary office space and equipment storage when accessory
to an approved construction project, including sales offices on residential
development sites. Such uses shall be located on the site no more
than 30 days prior to the start of construction and removed no more
than 30 days after completion of such project, or in the case of sales
offices on residential development sites, removed when all houses
or units are sold or leased.
(e)
The use of portable storage structures in residential districts
are allowed without permit under the following conditions:
[1]
There shall be no more than one portable storage structure per
property.
[2]
The portable storage structure shall be no larger than 10 feet
wide, 20 feet long, and 10 feet high.
[3]
A portable storage structure shall not remain at a property
in excess of 90 days.
[4]
The portable storage structure shall be set back a minimum of
five feet from all property lines.
[5]
The portable storage structure shall be set back a minimum of
five feet from the nearest wall of a building.
[6]
The portable storage structure shall be placed on a paved or
gravel surface.
[7]
Portable storage structures associated with a site where a building
permit has been issued are permitted for the duration of construction
and shall be removed from the site within 14 days of the end of construction.
Portable storage structures associated with construction are exempt
from the aforementioned conditions.
(f)
Temporary parking for public gatherings and similar events.
Transportation shall be required for all temporary parking areas not
located on the parcel where the event shall occur or on an immediately
abutting parcel, unless otherwise approved by the Zoning Administrator.
(2)
General requirements for all temporary uses and structures. All temporary
uses or structures shall meet the following general requirements,
unless otherwise specified in this chapter:
(a)
The temporary use or structure shall not be detrimental to property
or improvements in the surrounding area or to the public health, safety,
or general welfare.
(b)
Permanent alterations to the site related to the temporary use
or structure are prohibited.
(c)
If the property is undeveloped, it shall contain sufficient
land area to allow the temporary use or structure to occur, as well
as any parking and traffic circulation as required that may be associated
with the temporary use, without disturbing sensitive or protected
natural resources including 100-year floodplains and required landscaping.
(d)
If the property is developed, the temporary use shall be located
in an area that is not actively used by an existing approved principal
use, and that would support the proposed temporary use without encroaching
or creating a negative impact on an existing buffer, open space, landscaping,
traffic movements, pedestrian circulation, or parking space availability.
(e)
Tents and other temporary structures shall be located so as
not to interfere with the normal operations of any permanent use located
on the property, shall be anchored and meet the requirements of the
Building Inspector.
(f)
Off-street parking shall accommodate the proposed temporary
use as determined by the Zoning Administrator.
D.
Pets. Household pets such as dogs and cats are permitted in any district;
provided, however, that no premises shall be permitted to house or
keep more than four adult household pets. Adult household pets are
those four months of age or older.
E.
Livestock. Domestic livestock may be kept on any parcel of land five
acres or more in area, provided that not more than one animal unit
shall be permitted for each 2.5 acres of land. Domestic livestock,
excepting bees and backyard chickens as defined in this chapter, shall
not be permitted in recorded subdivisions, as defined in Ch. 236,
Wis. Stats., with the exception of conservation developments as listed
in this chapter. Livestock on existing farms, 20 acres or more in
area, shall not be subject to the one animal unit per 2.5-acre limitation.
F.
Swimming pools and hot tubs. Swimming pools and hot tubs are a permitted
accessory use in any residential district, provided that:
(1)
All swimming pools shall be surrounded by a fence not less than four
feet or more than six feet in height. Sidewalls of aboveground pools
four feet high may be used in lieu of a fence.
(2)
Access to the swimming pool shall be controlled by a self-latching
gate, and all such gates shall be kept securely closed and locked
at all times when the owner or occupant is not present at the pool.
For an aboveground pool, a tip-up ladder may be provided in lieu of
a gate. For a hot tub, a tightly closed cover may be provided in lieu
of a gate.
(3)
Access to the swimming pool shall be controlled by a self-latching
gate and all such gates shall be kept securely closed and locked at
all times when the owner or occupant is not present at the pool. For
an aboveground pool, a tip-up ladder may be provided in lieu of a
gate. For a hot tub, a tightly closed cover may be provided in lieu
of a gate.
(4)
No water drained from a swimming pool or hot tub shall be discharged
onto or into any on-site sanitary sewerage system, public sewerage
system or directly into a navigable body of water.
(5)
No lighting installed around swimming pools or hot tubs shall throw
any rays onto adjacent properties.
(6)
Swimming pools and hot tubs shall comply with the yard requirements
for principal structures in the district in which they are located.
G.
Abandoned motor vehicles and other materials.
(1)
No disassembled, dismantled, junked, wrecked, inoperable or unlicensed
vehicle shall be stored or allowed to remain in the open upon private
property within the Town of West Bend 10 days after receiving written
notice from the Zoning Administrator to remove or enclose the same,
unless:
(2)
The accumulation or storage of inoperable vehicles, tractors, refrigerators,
furnaces, washing machines, stoves, machinery or parts thereof, junk,
wood, brick, cement block or other unsightly debris which may tend
to depreciate property values in the area or create a nuisance or
hazard shall not be allowed on any lot or parcel of land within the
Town of West Bend.
H.
No mobile home, mobile home park or trailer camp shall be placed
or moved onto lands lying within the Town of West Bend.
I.
Gas and electric. Gas and electric utility uses which have been issued
a Certificate of Public Convenience and Necessity pursuant to § 196.491(3),
Wis. Stats., are exempt from the requirements of this chapter.
J.
Portable storage facilities. Portable storage facilities including
shipping containers, portable on demand storage (PODS®), store-and-move (SAM) containers, buses, heavy-duty
trucks and their bodies, semitrailers, freight containers, mobile
homes, and similar items which are no longer in use for their designated
purpose are prohibited from being used as an accessory structure.
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.
In addition to any applicable use, environmental protection, landscape (see Article XI), site or sanitary regulations, the following regulations shall apply within all environmental conservancy districts (see Article XV for definition) and those areas zoned C-1, C-2 or P-1.
A.
Tree cutting and shrubbery clearing. Tree cutting and shrubbery clearing
for the purpose of development, construction or changing land use
from wildlife or wood lot management requires review and approval
by the Plan Commission and shall be so regulated as to prevent erosion
and sedimentation and promote preservation of scenic and other aesthetic
and environmental qualities.
(1)
Tree cutting and shrubbery clearing for building and site development,
access roads, parking areas and path and trail construction shall
not exceed 20% of the existing trees, shrubbery or underbrush on the
lot or tract unless otherwise approved by the Plan Commission.
(2)
Tree cutting and shrubbery clearing areas shall not exceed the following
dimensions unless otherwise approved by the Plan Commission:
(a)
Paths and trails; 10 feet in width.
(b)
Driveways; 30 feet in width or five feet beyond the edge of
pavement (whichever is less).
(c)
Roads; 60 feet in width or 15 feet beyond the edge of the paving
(whichever is less).
(d)
Parking areas; 70 feet in width or five feet beyond the edge
of the paving (whichever is less).
(e)
Homes and other principal structures; 40 feet beyond the edge
of the roof.
(f)
Garages and other accessory structures; 20 feet beyond the edge
of the roof.
(3)
All structures and site features shall be so designed and constructed
as to result in the least removal and disruption of woodland cover
and the minimum impairment of natural beauty.
(4)
All deciduous trees five inches or larger in caliper or coniferous
trees 10 feet in height or greater shall be preserved unless it is
demonstrated to the satisfaction of the Plan Commission that they
will unduly restrict development of the site.
(5)
All deciduous trees five inches or larger in caliper or coniferous
trees 10 feet in height or greater destroyed during the development
process which were not identified for destruction in the approved
landscape plan shall be replaced.
(a)
Forestation, reforestation, or landscaping shall utilize a variety
of tree species and no species currently under disease epidemic shall
be used. Species planted shall be hardy under local conditions and
compatible with the local landscape.
(b)
Customary minor trimming, timber stand improvement, dead and
diseased tree removal, and managed timber harvesting shall be permitted
under the recommendation of a professional forester.
(c)
The Plan Commission may require a surety or assess a fee or
other instrument to enable the Town to carry out land restoration
work in the event of noncompliance with this regulation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Earth movements. Earth movements such as grading, topsoil removal,
filling, road cutting, construction, altering or enlargement of waterways,
removal of stream or lake bed materials, excavation, channel clearing,
ditching, dredging, lagooning, and installation of soil and water
conservation structures require review and approval by the Plan Commission,
in addition to any permit required from the county, state or federal
agency having jurisdiction. Earth movements shall be so regulated
as to prevent erosion and sedimentation and to least disturb the natural
flora, watercourse, water regiment, or topography.
