[HISTORY: Adopted by the Town Board of the Town of Seymour 11-9-2017 as Ch. 18 of the 2017 Code.
Amendments noted where applicable.]
A.
Applicability. This chapter is established as provided for in § 62.23(7a),
Wis. Stats. The extraterritorial zoning provisions shall apply to
the designated land areas in the Town of Osborn and the Town of Seymour
that are delineated on the Official Extraterritorial Zoning District
Map, which map is expressly made a part of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Purpose. The purpose of this chapter is to provide a uniform means
of ensuring that public health, safety, aesthetics and general welfare
of the City of Seymour, Town of Osborn and the Town of Seymour are
upheld and maintained. This chapter must further ensure that appropriate
and harmonious land uses are maintained; the value of land and buildings
is conserved; that overcrowding of land and congestion of streets
are prevented; that an undue concentration of population is avoided;
and that adequate provisions are made to accommodate existing and
future transportation, water, sewerage, schools, parks and other public
requirements.
A.
Establishment of zoning maps. The location and boundaries of the
districts established shall be as shown on the map titled "Extraterritorial
Zoning District Map." The official map with all notations, dimensions,
designations, references and other data shown shall accompany and
be a part of this chapter. Upon adoption, the official map shall be
signed by the Mayor and Clerk of the City of Seymour, the Chair and
Clerk of the Town of Osborn, and the Chair and Clerk of the Town of
Seymour. Amendments to the official map and this chapter shall be
available for public inspection in the office of the Clerks for the
City of Seymour, Town of Osborn and the Town of Seymour.
B.
Definition of terms. The definition of terms as set forth in the
City of Seymour Zoning Ordinance, Section 78-7, shall apply to this
chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Accessory uses and structures.
(1)
Attached accessory buildings. All accessory buildings which are attached
to the principal building shall comply with the yard requirements
of the principal building.
(2)
Detached accessory buildings. No detached accessory building shall
occupy any portion of the required front or side yard, and no detached
accessory building or buildings shall occupy more than 25% of the
required rear yard, or be located within five feet of any other accessory
building, principal building or lot line.
(3)
Accessory structures. Notwithstanding residential driveways and parking
lots, no accessory structure shall be located within five feet of
any accessory building, principal building or lot line.
(4)
Fences, walls, and hedges. Fences, walls, and hedges are not regulated
in this chapter, but whatever state regulations that exist in the
state statutes would apply.
(5)
Accessory parking and storage. Customary overnight parking or storage
of a commercial motor vehicle is prohibited if such a vehicle is parked
within 300 feet of the nearest exterior wall of an adjoining occupied
residential home in a subdivision (defined in this instance as any
cluster of more than four homes served by a publicly dedicated Town
road). The definition of "commercial motor vehicle" in § 340.01(8),
Wis. Stats., is as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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"Commercial motor vehicle" means a motor vehicle designed or
used to transport passengers or property and having one or more of
the following characteristics:
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(a)
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The vehicle is a single vehicle with a gross vehicle weight
rating of 26,001 or more pounds or the vehicle's registered weight
or actual gross weight is more than 26,000 pounds.
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(b)
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The vehicle is a combination vehicle with a gross combination
weight rating, registered weight or actual gross weight of 26,001
or more pounds inclusive of a towed unit with a gross vehicle weight
rating, registered weight or actual gross weight of more than 10,000
pounds.
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(c)
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The vehicle is designed to transport or is actually transporting
the driver and 15 or more passengers. If the vehicle is equipped with
bench type seats intended to seat more than one person, the passenger
carrying capacity shall be determined under s. 340.01(31) or, if the
vehicle is a school bus, by dividing the total seating space measured
in inches by 13.
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(d)
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The vehicle is transporting hazardous materials requiring placarding
or any quantity of a material listed as a select agent or toxin under
42 CFR 73.
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A.
Applicability. No structure (except signs exempt from the provisions
of this chapter) and no building shall be erected, constructed, reconstructed,
altered, moved or enlarged until the following permits are obtained:
B.
Application for zoning permit. Application for a zoning permit shall
be made in writing upon an application furnished by the Zoning Administrator
and shall include the following information:
(1)
Name and address of the owner of the land or the owner of the building
or structure if different.
(2)
Statement as to the proposed use of the structure, building or land.
(3)
Site layout drawn to scale showing the location and dimensions of
all proposed buildings and uses.
(4)
Lot dimensions and the location, dimensions, and arrangements of
all open spaces, yards, parking and loading areas. Methods to be used
for screening shall be included where applicable.
(5)
Design of parking areas and the number of spaces.
(6)
Number, dimensions, location and methods of illumination of signs.
(7)
Other information as lawfully may be required by the Zoning Administrator,
including existing buildings on the lot; current use of existing buildings
or land; floodproofing measures to be taken, if required; number of
families, housekeeping units, or rental units the building is designed
to accommodate; and such other matters as may be necessary to determine
conformance with this chapter.
C.
Approval of permit. If the Zoning Administrator determines that the
proposed building or structure will comply with the provisions of
this chapter and all applicable laws and orders of the State of Wisconsin,
he shall officially approve and sign one set of plans and return it
to the owner and shall issue a zoning permit which shall be kept on
display at the site of the proposed building.
D.
Use as provided in application and plans.
(1)
The City of Seymour Zoning Administrator is authorized to issue a
zoning permit based on an acceptable site plan that illustrates all
required setbacks, land use, and other relevant features that are
regulated by this chapter.
(2)
A petitioner shall submit to the City of Seymour Zoning Administrator
three copies of a zoning permit application (forms available at the
Zoning Administrator's office), a filing fee, and a site plan
that is drawn to scale. Once the Zoning Administrator approves the
zoning permit, the Administrator will provide the petitioner with
a copy of the approved permit and site plan showing dimensions for
the Town Building Inspector, forward a copy to the Town Clerk, and
retain a copy for the record.
(3)
Before construction can begin, the Town Building Inspector must issue
a building permit based on an approved zoning permit and building
plans that meet state and local building codes.
E.
Erroneously issued permit. A permit which was improperly issued or
not issued in accordance with the standards and procedures as set
forth in this chapter shall not create any right in said permit, and
the City of Seymour and/or the Town of Osborn and/or the Town of Seymour
shall be entitled to revoke said permit.
F.
Zoning Administrator duties and powers. The Zoning Administrator
shall have the same powers and duties as are set forth in Section
78-191 of the Zoning Ordinance of the City of Seymour, which section
is specifically adopted in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Remedies. In the event any building or structure is or is proposed
to be erected, constructed, reconstructed, altered, converted or maintained
or any building, structure or land is or is proposed to be used in
violation of this chapter, the appropriate authorities of the City
or Town where the violation has occurred or any adjacent or neighboring
property owners who would be damaged by such violation may, in addition
to other remedies, institute appropriate action or proceedings to
prevent, restrain, correct or abate such violation; to prevent the
occupancy of said building, structure or land; or to prevent any illegal
act, conduct, business or use in or about such premises.
H.
Penalties. In addition to the provisions of Subsection G, any person who violates any provisions of this chapter, or any order, rule or regulation made hereunder, shall be subject to a forfeiture of not less than $25 nor more than $500 for each violation. Each day that the violation continues shall be considered a separate violation. All actions to enforce this chapter shall be brought in the Outagamie County Circuit Court.
A.
Establishment of a Board of Appeals. In order that the objectives
of this chapter may be more fully and equitably achieved and a means
for interpretation provided, the voting members of the Joint Extraterritorial
Zoning Committee from the Town out of which the appeal arose and two
voting members, designated by the Mayor, of the Joint Extraterritorial
Zoning Committee of the City of Seymour shall constitute the Board
of Appeals for the purposes of this chapter. The Chair shall be the
Chair of the City of Seymour Board of Appeals, who shall have no vote.
B.
Procedures, meetings, records and decisions.
(1)
Procedures. The Board shall be governed by the provisions of § 62.23(7),
Wis. Stats., and the rules and procedures set forth herein.
(2)
Meetings. Meetings of the Board shall be held at the call of the
Chair and at such other times as the Board may determine. Such Chair,
or in his absence the Acting Chair, may administer oaths and compel
the attendance of witnesses. All meetings of the Board shall be open
to the public.
(3)
Records and decisions. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be
immediately filed as public records. All actions or decisions shall
be taken by resolution in which four members, present during the proceedings,
must concur. Each resolution or decision shall contain a statement
of the grounds forming the basis of such resolution or decision. The
Chair shall notify the City Council and the Town Boards of all decisions
and resolutions.
C.
Powers and duties; appeals.
(1)
Procedure. Appeals to the Board may be taken by any person aggrieved
or by any officer, department, board or bureau of the City of Seymour
or Town of Osborn or the Town of Seymour affected by any decision
of the Zoning Administrator within 30 days of the decision involved.
The appeal shall be filed with the Zoning Administrator and with the
Board of Appeals on a form provided by the Board specifying the grounds
for such an appeal.
(2)
Fees. Upon receipt of the completed form, and payment of an appeal
fee of $25, the Zoning Administrator shall forthwith transmit the
original and both copies of the appeal form to the Chair of the Board,
together with all papers constituting the record upon which the action
appealed from was taken. If the appeal is withdrawn before public
notice of a hearing is given, $15 of the appeal fee shall be returned
to the applicant. Any appeal brought for or on behalf of the City
or Town shall be exempt from the fee requirement.
(3)
Preliminary review.
(a)
The Chair of the Board of Appeals shall, as promptly as possible, inform the Board concerning the appeal, and the Board may either discuss the matter with the applicant if the applicant desires or proceed directly to order public notice of a hearing as specified in Subsection E below.
(b)
If the applicant elects to withdraw the appeal any time before
final determination is made by the Board, this fact shall be noted
on the application, with the signature of the applicant attesting
withdrawal. Copies of the withdrawn application shall be returned
to the Chair for the files of the Board, to the Zoning Administrator
and to the applicant.
(c)
If the appeal is not withdrawn, the Board may request the applicant
to provide such additional information as may be needed to determine
the case and shall instruct the Chair to proceed with public notice
of a hearing on the case.
(4)
Amendments. Amendment of an appeal by the applicant may be permitted
at any time prior to or during the public hearing, provided that no
such amendment shall be such as to make the case different from its
description in the notice of public hearing. If the amendment is requested
by the applicant after public notice of the hearing has been given,
and such amendment is at variance with the information set forth in
the public notice, the applicant shall pay an additional fee of $50
to cover the cost of amending the public notice. If the amended notice
can be published within the time frame specified for the public hearing,
the hearing on the amended appeal may be held on that date; otherwise
the Chair shall announce that the hearing originally scheduled on
the case will be deferred to a future meeting, before which appropriate
public notice will be given, and will state the reasons for the deferral.
D.
Powers and duties; variances.
(1)
Authority. The Board shall have the authority to grant a variance
by varying the strict application of any requirement of this chapter
in the case of exceptionally irregular, narrow, shallow, or steep
lots, or other exceptional physical features, whereby strict application
of such requirements would result in practical difficulty and unnecessary
hardship depriving the owner of reasonable use of land or buildings.
(3)
Requirements for a variance. In general the power to authorize a
variance from the requirements of this chapter shall be sparingly
exercised and only under peculiar and exceptional circumstances. No
variance shall be granted for actions which require an amendment to
this chapter. Variances shall only be granted when the Board finds
that:
(a)
The variance is not contrary to the public interest and that
such a variance will be in general harmony with the purposes and intent
of this chapter.
(b)
Special conditions and circumstances exist which are peculiar
to the land, structure, or building involved and which are not applicable
to other lands, structures, or buildings in the same district.
(c)
The literal interpretation of the provisions of this chapter
would deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this chapter.
(d)
The variance will not permit the establishment of a use which
is not permitted in the district.
(e)
The hardship is not shared generally by other land or buildings
in the area.
(f)
The hardship results from the strict application of this chapter
and is not the result of self-created or self-imposed circumstances.
(g)
Greater profitability, lack of knowledge of restrictions, and
other variances granted under similar circumstances are not being
considered as sufficient cause for a variance.
(h)
Nonconforming uses of neighboring lands, structures or buildings
in the same district and permitted or nonconforming uses of lands,
structures or buildings in other districts are not being considered
as grounds for issuance of a variance.
E.
Public hearing.
(1)
Time period. Upon filing with the Board of an application for an
appeal or variance, the Board shall fix a reasonable time (not more
than 60 days from the filing date) for a public hearing.
(2)
Notice of hearing. A Class 2 notice pursuant to Ch. 985, Wis. Stats.,
shall be published in the official newspaper of the City of Seymour
specifying the date, time and place of the hearing and the matters
to come before the Board. Notices shall also be mailed to the parties
at interest, as determined by the Board of Appeals.
(3)
Appeal of Board decisions. Any person or persons or any board, taxpayer,
department or bureau of the City or Town aggrieved by any decision
of the Board of Appeals may appeal such decision to a court of record
in accordance with § 62.23(7), Wis. Stats.
A.
Lawful use of land. The lawful use of land existing as of the effective
date of this chapter may be continued although such use does not conform
to the provisions hereof, but if such nonconforming use is discontinued
for 12 consecutive months any future use of such premises shall be
in conformity with the provisions of this chapter.
B.
Lawful use of building. The use of a building, if lawful as of the
effective date of this chapter, may be continued although such use
does not conform to the provisions of this chapter, and such use may
be extended throughout the building, provided no structural alterations
except those required by law or ordinance are made therein, but if
such nonconforming use is discontinued for 12 consecutive months,
any future use of such building shall be in conformity with the provisions
of this chapter.
C.
Structural alteration. If no structural alterations are made, a nonconforming
use of a building may be changed to any use permitted in the same
use district as that in which the use existing on the effective date
of this chapter is permitted according to the provisions of this chapter,
provided that when a use district is changed, any existing nonconforming
use in such changed district may be continued or changed to a use
permitted in the same use district as that in which the existing use
is permitted, provided that all other regulations governing the new
use are complied with. When a nonconforming use of a building has
been changed to a more restricted use or a conforming use, such use
shall not thereafter be changed to a less restricted use.
D.
Buildings destroyed by fire. Where a building located in a district
restricted against its use has been destroyed by fire or other calamity
to the extent of not more than 50% of its fair market value the same
may be rebuilt, but where such a building is destroyed to the extent
of more than 50% of its fair market value a permit may be granted
for its reconstruction within 12 months from the date of such fire
or other calamity, otherwise said building shall not be rebuilt; provided,
however, that any public utility located in a restricted district
shall be permitted to rebuild, alter or enlarge in any business or
industrial district as the interest of the public demands.
E.
Nonconforming characteristics of use. If characteristics of use such
as parking or other matters pertaining to the use of land are made
nonconforming by the provisions of this chapter as adopted or amended,
no change shall thereafter be made in such characteristics of use
which increases the nonconformity; provided, however, that changes
may be made which do not increase, or which decrease, such nonconformity.
Change of ownership would require the new owner to request a continuation
of a previous nonconforming use by petitioning the Board of Appeals
for a variance.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
For the purposes of this chapter, the Seymour Extraterritorial
Zoning Ordinance is hereby divided into the following five districts
and their map designations:
A.
Permitted principal uses and structures.
B.
Permitted accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly incidental
to permissible principal uses and structures.
(2)
Temporary structures in connection with the construction of principal
structures, provided such structures are not used for living quarters.
Temporary structures shall not remain over two years after construction
of the principal structure commences.
C.
D.
Permitted accessory signs.
(1)
One subdivision identification sign limited to 25 square feet in
area.
(2)
One temporary sign for each street frontage advertising the sale
or lease of real estate provided such sign is limited to eight square
feet in area, and one temporary sign advertising the development of
property and limited to 50 square feet in area. No temporary sign
shall be erected within 10 feet of any adjacent side yard and no temporary
sign shall remain after the sale, lease or development of the property.
(3)
In connection with any public or semipublic institution, the following
signs are permitted: one identification sign limited to 20 square
feet, one bulletin board limited to 15 square feet and not more than
two temporary signs or banners limited to a combined area of 20 square
feet in connection with special events, provided that no such sign
or banner shall be displayed for a period of more than two weeks.
E.
Off-street parking requirements (minimums).
(1)
Dwellings: two parking stalls per dwelling unit.
(2)
Churches: one parking stall per three fixed seats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
High schools: 1/3 parking stall per each student and employee.
(4)
Elementary schools, junior high schools, and day nurseries: one parking
stall per employee.
(5)
Libraries, exhibits, community centers, golf courses, and clubs:
1/3 parking stall per person of maximum capacity.
B.
Permitted accessory uses and structures.
(1)
Permitted accessory uses and structures as permitted in the RS District.
C.
A.
Permitted principal uses and structures.
(1)
Agricultural uses, including general farming, pasture, grazing, outdoor
plant nurseries, horticulture, viticulture, truck farming, forestry,
sod farming, wild crop harvesting and other agricultural uses of a
similar nature. Feedlots and other agricultural uses which are not
conducive to nearby urban development due to odor, noise, health considerations
or other intrusions upon adjoining property shall not be permitted.
(2)
Single-family dwellings. One residential farm-related dwelling per
parcel shall be permitted. A new farm-related or non-farm single-family
parcel must petition for a rezoning to residential, which must go
through the review of the Extraterritorial Zoning Committee. The City
of Seymour must also be petitioned for an amendment to its Comprehensive
Plan.
(3)
A new non-farm residential parcel size can be no larger than three
acres out of a twenty-five-acre parcel. No more than four additional
residential parcels (based on the above ratio) can be created from
taxable parcels that existed upon the adoption date of this chapter.
This ratio requirement only applies to Town of Seymour properties
within the Extraterritorial Zoning District.
B.
Dimensional requirements. Minimum dimensions for all permissible
principal uses and structures:
(1)
Lot area: 30,000 square feet.
(2)
Lot width: 100 feet.
(3)
Front yard setback: 25 feet.
(4)
Side yard setback: 10 feet on one side and 25 feet on the other side.
(5)
Rear yard setback: 25 feet.
(6)
Maximum height for single-family dwelling: 35 feet.
(7)
Maximum height for agriculture buildings: 75 feet; silos, towers
and similar structures are exempt from height restrictions.
C.
Permitted accessory signs.
(1)
Identification signs. Identification signs with respect to the ownership
of a farm or to products raised or produced on the farm may be erected
without restriction as to size or number, provided such signs comply
with any other applicable regulations.
(2)
Other signs. Other signs may be erected upon approval of the Joint
Extraterritorial Zoning Committee.
A.
Permitted principal uses and structures.
(1)
Retail department, grocery and specialty stores.
(2)
Personal and general service establishments including banks, barbers,
restaurants, beauty shops, insurance offices, photography studios,
repair shops and other uses of a similar nature.
(3)
Offices, public buildings and clinics.
(4)
Recreational establishments, except drive-in theaters.
(5)
Public and private institutional uses including libraries, community
centers, exhibits, clubs and organizations.
(6)
Hotels.
(7)
Printing and publishing establishments.
(8)
Funeral homes.
(9)
Public and private parking facilities.
(10)
Transportation terminals.
(11)
Dwellings provided such dwellings shall be above the ground
floor of the principal use.
(12)
Wholesale, warehouse and building material supply establishments.
(13)
Automobile repair shops and filling stations.
(14)
Automobile, boat, mobile home and construction equipment dealers,
sales and service dealers.
(15)
Agriculture-related businesses such as feed mills, farm co-ops,
farm implement dealers, and other uses of a similar nature.
(16)
Drive-in restaurants.
(17)
Veterinary hospitals.
(18)
Gardens, orchards, and nurseries where an office or store is
maintained on the premises.
B.
Permitted accessory uses and structures.
(1)
Uses and structures customarily and clearly incidental to permissible
principal uses and structures.
D.
Permitted accessory signs.
(1)
Permitted principal uses and structures in Subsection A(1) through (7). For each 10 linear feet of frontage on a public street (frontage being determined by the principal entrance to the premises), a maximum of one sign and 30 square feet of sign area. The sign area may be used in a lower number of signs than permitted, but the maximum number of signs shall not be exceeded even though the total area permitted is not used.
(2)
No sign shall be erected within five feet of any lot line.
A.
Permitted principal uses and structures.
(1)
Permitted principal uses and structures in § 240-10A(12) through (15) in the CH District.
(2)
Light manufacturing, including bottling, packaging, laboratories,
storage facilities, and other uses of a similar nature.
(3)
General manufacturing uses, including production, processing, cleaning,
testing and distribution of materials and goods, except uses and structures
determined by the Zoning Administrator as potentially hazardous to
surrounding properties.
B.
Permitted accessory uses and structures.
(1)
Uses and structures customarily and clearly incidental to permissible
principal uses and structures, provided that no residential dwellings
shall be permitted except for watchmen or caretakers whose work requires
residence on the premises.
C.
Dimensional requirements. Minimum dimensions for all permissible
principal uses and structures:
A.
Establishment. There is hereby established an official map of the
extraterritorial area, showing the location of future arterial and
collector streets. The official map that is part of this chapter shall
be conclusive with respect to the location, width and extent thereof.
B.
Conformance required. No land division or subdivision plat shall
be approved unless such land division or subdivision plat conforms
to the official map.
C.
Permit requirements. Any person desiring to construct or enlarge
a building within the limits of a future street corridor as shown
on the official map shall apply to the City of Seymour Zoning Administrator
for a zoning permit. The Town Building Inspector will issue a building
permit. Unless application is made and the building permit granted
or not denied within 30 days, the person is not entitled to compensation
for damage to the building in the course of construction of a future
street corridor so shown on the official map. Setback requirements
from the proposed street right-of-way must be applied to the location
of any proposed structure.
D.
Changes and amendments. The Seymour Extraterritorial Zoning Committee
may change and amend the official map. No such change or amendment
shall become effective until after a public hearing before the Seymour
Extraterritorial Zoning Committee. Notice of the public hearing shall
be published as a Class 2 notice under Ch. 985, Wis. Stats. If adopted
by the Seymour Extraterritorial Zoning Committee, changes and amendments
become a part of the official map and are conclusive with respect
to location, width and extent.
E.
No dedication or acquisition. The placing of any street upon the
official map does not constitute the opening or establishment of such
street or the taking or acceptance of any land for these purposes.
F.
Certification by City of Seymour Clerk's office. The City of
Seymour Clerk's office shall keep a record of all official map
actions of the Seymour Extraterritorial Zoning Committee.
G.
Map administration. The City of Seymour Clerk's office shall
keep all maps and property descriptions comprising the official map
and shall promptly portray all changes and amendments to the official
map.
A.
This chapter may be amended in accordance with the provisions of
§ 62.23(7a), Wis. Stats. An application (form available
in City of Seymour Clerk's office) and a fee (on file with the
City of Seymour Clerk's office) will need to be filed with the
City of Seymour Clerk's office before an amendment would be heard
by the Extraterritorial Zoning Committee.
B.
This chapter shall take effect upon its adoption in accordance with
§ 62.23(7a), Wis. Stats., and its publication.
C.
Any proceedings initiated in accordance with this chapter during
its effective dates shall continue and be subject to the provisions
contained herein until such proceedings have been concluded.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
It is hereby declared to be the legislative intent that should any
provisions of this chapter be declared invalid by a court of competent
jurisdiction, such decision shall not affect the validity of this
chapter in its entirety or any part thereof other than that so declared
to be invalid.
