Except as may be otherwise specifically provided, the use, size,
height and location of buildings now existing or hereafter erected,
converted, enlarged or structurally altered; the provisions of open
spaces and the use of land shall be in compliance with the regulations
established herein for the district in which such land or building
is located.
A.
Purpose of permits. The primary purpose of issuing permits is to
insure compliance with provisions of this chapter.
B.
Land use permit. No structure shall be built, moved or structurally
altered until a land use permit has been issued by the Planning Administrator.
C.
Conditional use permit.
(1)
When the use being applied for is listed as a conditional use, the
Planning Administrator shall issue a conditional use permit in lieu
of the land use permit.
(2)
This permit shall be issued only after approval from the Planning
Committee, after a public hearing and after provisions of the conditional
use article of this chapter have been complied with. The Planning
Committee may attach certain conditions that shall be met as a condition
of approving the permit.
D.
Application procedure. Applications for a land use permit or a conditional
use permit shall be made in duplicate to the Planning Administrator
on forms furnished by his office and shall include the following where
applicable:
(1)
Names and addresses of the applicant, owner of the site, architect,
professional engineer, and/or contractor.
(2)
Description of the subject site by lot, block, and recorded subdivision
or by metes and bounds; address of the subject site; type of structure;
existing and proposed operation or use of the structure or site; number
of occupants or employees; and the zoning district within which the
subject site lies.
(3)
Location sketch prepared by applicant if the subject site is part
of a recorded subdivision or plat of survey prepared by a professional
land surveyor if subject site is not part of a recorded subdivision,
showing the location, boundaries, dimensions, uses, and size of the
following: subject site; existing and proposed structures; existing
and proposed easements, streets and other public ways; off-street
parking, loading areas and driveways; and existing and proposed street,
side and rear yards.
(4)
Proposed sewage disposal plan if Village sewerage service is not
available. This plan shall be approved by the Planning Administrator,
who shall certify in writing that satisfactory, adequate, and safe
sewage disposal is possible on the site in accordance with applicable
local, county, and state regulations.
(5)
Proposed water supply plan if municipal water service is not available.
This plan shall be approved by the Planning Administrator, who shall
certify in writing that an adequate and safe supply of water will
be provided.
(6)
Additional information as may be required by the Village Planning
Committee or the Planning Administrator.
(7)
Receipt for a fee in an amount as set from time to time by the Village
Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Expiration. An application for a land use permit shall be granted
or denied in writing by the Planning Administrator within 30 days.
If denied, the reasons for such denial shall clearly appear upon the
face of the notification of denial. The permit shall expire within
six months unless substantial work has commenced. Any permit issued
in conflict with the provisions of this chapter shall be null and
void.
F.
Certificate of compliance:
(1)
No building or addition thereto constructed after the effective date
of this chapter and no addition, alteration, reconstruction, extension,
enlargement, conversion, or structural alteration to a previously
existing building shall be occupied or used for any purpose until
a certificate of zoning compliance has been issued by the office of
the Planning Administrator. No change in a use shall be made until
a certificate of zoning compliance has been issued by the office of
the Planning Administrator. Every certificate of zoning compliance
shall state that the use or occupancy complies with all the provisions
of this chapter.
(2)
No certificate of zoning compliance for a building or portion thereof
constructed after the effective date of this chapter shall be issued
until construction is substantially completed and the premises inspected
and certified by the office of the Planning Administrator to be in
conformity with the plans and specifications upon which the land use
permit was issued.
A.
The following uses are exempted by this chapter and permitted in
any district: poles, towers, wires, cables, conduits, vaults, laterals,
pipe, mains, valves or any other similar distributing equipment for
telephone or other communications and electric power, gas, water and
sewer lines.
B.
The provisions regarding filling, grading, tree cutting and work
in respect to waterways shall not apply to the construction and repair
of public roads, flood control structures, or conservation practices,
such as terracing, installation of diversions, grass waterways, subsurface
drainage, non-navigable drainage ditches, stream stabilization by
riprapping or vegetative cover, ponds used for agriculture purposes
or nonfloating docks accessory to private dwellings.
A.
Uses restricted. In any district no building or land shall be used
and no building shall be hereafter erected, structurally altered or
relocated except for one or more of the uses as hereinafter stated
for that district and in compliance with the regulations hereinafter
established for that district.
B.
Accessory uses. Accessory uses and structures are permitted in any
district but not until their principal structure is present or under
construction. Residential accessory uses shall not involve the conduct
of any business, trade or industry. Accessory uses include incidental
repairs; storage; parking facilities; gardening; servant's, owner's,
and watchman's quarters not for rent; private swimming pools and private
emergency shelters.
C.
Temporary uses. Uses such as real estate field offices or shelters
for materials and equipment being used in the construction of a permanent
structure may be permitted by the Board of Appeals.
D.
Unclassified uses. In case of a question as to the classification
of a use, the question shall be submitted to the Planning Committee
for determination.
In each quadrant of every street intersection there shall be
designated a vision clearance triangle, bounded by the inner street
lines and a line connecting them 25 feet from their intersection.
Within this triangle, no object shall be allowed above the height
of 2 1/2 feet above the streets if it obstructs the view across
the triangle. This provision shall not apply to tree trunks, posts
or wire fences.
The district height limitations stipulated elsewhere in this
chapter may be exceeded but the modification shall be as follows:
A.
Architectural projections, such as church spires, belfries, cupolas,
domes, and chimneys, shall not exceed in height their distances from
the nearest lot line.
B.
Communications structures, such as transmission towers, radio towers,
aerials and observation towers, shall not exceed a height twice their
distance from the nearest lot line.
C.
Special structures, such as elevator penthouses, grain elevators,
manufacturing equipment, substations, and smokestacks, shall not exceed
in height twice their distance from the nearest lot line.
D.
Electric power and communications transmission lines are exempt from
the height limitations of this chapter.
E.
Public buildings, such as schools, churches, hospitals, sanatoriums,
libraries, governmental offices and stations, may be erected to a
height of 60 feet, provided all required yards are increased one foot
for each foot the structure exceeds the district's maximum height.
A.
Lot reduction or joint use. 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.
B.
Substandard lots.
(1)
In any residential or agricultural district, a one-family detached
dwelling and its accessory structures may be erected on any legal
lot or parcel of record in the County Register of Deeds office before
the effective date or amendment of this chapter. Required yards shall
only be modified upon appeal to the Board of Appeals.
(2)
Such lot or parcel shall be in separate ownership from abutting lands.
If abutting lands and the substandard lot are owned by the same owner,
the substandard lot shall not be sold or used without full compliance
with the provisions of this chapter. If in separate ownership, all
the district requirements shall be complied with as practical.
A.
Existing nonconforming uses. The lawful nonconforming use of a structure,
land or water existing at the time of the adoption or amendment of
this chapter may be continued although the use does not conform with
the provisions of this chapter, however:
(1)
Only that portion of the land or water in actual use may be so continued,
and the structure may not be extended, enlarged, reconstructed, substituted,
moved or structurally altered except when required to do so by law
or order or so as to comply with the provisions of this chapter.
(2)
Total lifetime structural repairs or alterations shall not exceed
50% of the Village's assessed value of the structure at the time of
its becoming a nonconforming use unless it is permanently changed
to conform to the use provisions of this chapter.
(3)
Substitution of new equipment may be permitted by the Board of Appeals
if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring uses.
(4)
Pursuant to § 62.23(7)(hc), Wis. Stats., and notwithstanding
any other provision of this chapter, a nonconforming structure damaged
or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold
or infestation after March 2, 2006, may be restored to, or replaced
at, the size, location, and use that it had immediately before the
damage or destruction occurred, and no limits may be imposed on the
costs of the repair, reconstruction, or improvement of said structure.
The size of the structure may be larger than the size it was immediately
before the damage or destruction if necessary for the structure to
comply with applicable state or federal requirements.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
B.
Abolishment or replacement. If such nonconforming use is discontinued
or terminated for a period of 12 months, any future use of the structure,
land or water shall conform to the provisions of this chapter. When
a nonconforming use or structure is damaged by fire, explosion, flood,
the public enemy, or other calamity, to the extent of more than 50%
of its current assessed value, it shall not be restored except so
as to comply with the use provisions of this chapter. A current file
of all nonconforming uses shall be maintained by the Building Inspector,
listing the following: owner's name and address; address of site,
use of the structure, land or water; and assessed value at the time
of its becoming a nonconforming use.
C.
Existing nonconforming structures. The lawful nonconforming structure
existing at the time of the adoption or amendment of this chapter
may be continued although its size or location does not conform with
the lot width, lot area, yard, height, parking and loading, and access
provisions of this chapter; however, it shall not be extended, enlarged,
reconstructed, moved, or structurally altered except when required
to do so by law or order and so as to comply with the provisions of
this chapter.
D.
Changes and substitutions. Once a nonconforming use or structure
has been changed to conform, it shall not revert back to a nonconforming
use or structure.
A.
Location:
(1)
Accessory uses and structures are permitted in the rear yard only;
they shall not be closer than 10 feet to the principal structure,
shall not exceed 15 feet in height, shall not occupy more than 20%
of the rear yard area, and shall not be closer than three feet to
any lot line nor five feet to an alley line.
(2)
An accessory building, structure or use on a corner lot, a reversed
corner lot or a through lot shall be set back from the property line
adjoining a street the distance required for a front yard unless otherwise
required herein for a specific permitted or conditional use.
A.
Average front yards. The required front yards may be decreased in
residential and commercial districts to the average of the existing
front yards of the abutting structures on each side but in no case
less than 15 feet in residential districts.
B.
Frontage and lot width. The frontage may be reduced to 40 feet for
lots abutting the exterior street line of curved streets or cul-de-sacs,
provided the side lot lines are perpendicular to the street lines
and the lot widens to the required width not more than 100 feet from
the street line.
C.
Yard modifications. The yard requirements specified elsewhere in
this chapter may be modified as follows:
(1)
Uncovered stairs, landings, fire escapes may project into any yard
but not to exceed six feet and not closer than three feet to any lot
line.
(2)
Residential fences may be permitted on rear and side yard property
lines not to exceed six feet, except that between any street line
and the setback line for said street the height shall not exceed four
feet.
(3)
Security fences are permitted on the property lines in all other
districts but not to exceed 10 feet in height.
(4)
Off-street parking is permitted in all yards of the commercial districts
but shall not intrude upon the visual clearance triangle.
(5)
Landscaping and vegetation are exempt from the yard requirements
of this chapter.
Sewage disposal facilities shall be connected to the sewage
disposal system of the Village. In any district where public sewage
service is not available, no building permit shall be issued unless
the width and area of the lot be sufficient to permit the use of an
on-site sewage disposal system designed in accordance with the rules
of the Department of Safety and Professional Services contained in
Ch. SPS 385, Wis. Adm. Code, for subdivisions not served by public
sewer. In no case, however, shall the minimum lot size required in
the zoning district in which such structure is to be located be reduced
below the specified minimum.
No poultry or livestock shall be housed or confined within 150
feet of any residential structure.
It shall be unlawful to construct any structure or building
or to use any structure, building, land or water in violation of any
of the provisions of this chapter. In case of any violation, the Village
Board, the Building Inspector, the Village Planning Committee, or
any property owner who would specifically be damaged by such violation
may institute appropriate action or proceeding to enjoin a violation
of this chapter.
Any person, firm or corporation who fails to comply with the
provisions of this chapter shall, upon conviction thereof, forfeit
not less than $10 nor more than $200 for each violation and, in default
of payment of such forfeiture and costs, shall be imprisoned in the
Shawano County Jail until payment thereof for a period not to exceed
30 days. Each day a violation exists or continues shall constitute
a separate offense.
