This chapter shall be known, cited and referred
to as the "Greendale Zoning Code."
(1)
Purpose. The provisions of this chapter shall be held
to be minimum requirements adopted for the purpose of:
(a)
Promoting the public health, safety, morals, comfort,
prosperity and general welfare;
(b)
Securing adequate light, pure air and safety from
fire and other dangers;
(c)
Conserving the taxable value of land and buildings
throughout the Village; and
(d)
Generally preserving and enhancing aesthetic values
throughout the Village.
(2)
Intent. This chapter is intended to establish and
accomplish certain standards and objectives by:
(a)
Dividing the Village into districts and regulating
the location, construction, reconstruction, alteration and use of
buildings therein, structures and land, whether for residence, business,
manufacturing or other specified uses;
(b)
Avoiding or lessening congestion in the public streets
by adequate requirements for off-street parking and loading facilities;
(c)
Preventing the overcrowding of land through regulating
and limiting the height and bulk of buildings hereafter erected as
related to land area;
(d)
Establishing, regulating and limiting the building
or setback lines on or along streets, alleys or property lines;
(e)
Regulating and limiting the intensity of the use of
lot areas and regulating and determining the area of open spaces within
and surrounding such buildings;
(f)
Establishing standards to which buildings or structures
shall conform;
(g)
Permitting in each of the zoning districts only those
uses, buildings and structures that are compatible with the character
of each district;
(h)
Providing controls over additions to and alterations
and remodeling of existing buildings and structures;
(i)
Providing controls governing the continuation of those
uses, buildings and structures which are incompatible with the character
of the districts in which they are made or located by reference to
Wisconsin Statutes;
(j)
Providing for administration of this chapter by reference
to the Wisconsin Statutes and by setting forth the duties of the Zoning
Administrator; and
(k)
Prescribing penalties for the violation of the provisions
of this chapter and amendments thereto.
In the construction of this chapter, the rules
and definitions listed as follows shall be observed and applied except
when the context clearly indicates otherwise.
(1)
Rules.
(a)
Words used in the present tense shall include the
future; words used in the singular number shall include the plural
number, and the plural the singular.
(b)
"Shall" is mandatory and not discretionary.
(c)
"May" is permissive.
(d)
"Lot" shall include the words "piece," "parcel" and
"tract"; the word "building" includes all structures regardless of
similarity to buildings; and the phrase "used for" shall include the
phrases "arranged for," "designed for," "intended for," "maintained
for" and "occupied for."
(e)
All measured distances shall be to the nearest integral
foot. If a fraction is 1/2 foot or less, the integral foot next below
shall be taken.
(f)
Any words not defined as follows shall be construed
in their general accepted meanings as defined in the most recent publication
of Webster's Dictionary.
(g)
The words and terms herein defined, wherever they
occur in this chapter, shall be interpreted in accordance with the
definitions.
(2)
ABUT or ABUTTING
ACCESSORY BUILDING
ACTIVELY MARKETED
ADJACENT
ADJOINING
AGRICULTURE
AIRCRAFT
AIRPORT
ALLEY
ALTERATION
ANIMAL HOSPITAL
AUTOMOBILE LAUNDRY
AUTOMOBILE SERVICE STATION
AUTOMOBILE WRECKING YARD
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENT
(a)
(b)
(c)
(d)
(e)
(f)
BLOCK
BOARDINGHOUSE
BOARD OF TRUSTEES or VILLAGE BOARD
BUILDABLE AREA
BUILDING
BUILDING, ACCESSORY
BUILDING, COMPLETELY ENCLOSED
BUILDING, DETACHED
BUILDING HEIGHT
BUILDING, PRINCIPAL
BUILDING, TEMPORARY
BULK
BUSINESS
CAPACITY IN PERSONS
CARPORT
CELLAR
CLINIC, MEDICAL OR DENTAL
CLOSED-CUP FLASH POINT
CLUB OR LODGE, PRIVATE
CONFORMING BUILDING OR STRUCTURE
CONTIGUOUS
CURB LEVEL
CUSTOMER/CLIENT
DAILY
DECIBEL
DENSITY, NET (ND)
DISTRICT
DOMESTIC PET SERVICE
DRIVE-IN ESTABLISHMENT
DRIVEWAY
DWELLING
DWELLING, ATTACHED
DWELLING, DETACHED
DWELLING, MULTIPLE-FAMILY
DWELLING, SEMIDETACHED
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EFFICIENCY UNIT
E.I.F.S.
ELECTRIC DISTRIBUTION CENTER
ELECTRIC SUBSTATION
EMERGENCY SHELTER
ENGINEER, VILLAGE
FAMILY
FENCE
FENCE, DECORATIVE
FENCE, OPEN
FENCE, SOLID
FLOOR AREA (for determining floor area ratio)
(a)
1.
2.
3.
4.
5.
6.
7.
(b)
FLOOR AREA (for determining off-street parking and off-street
loading requirements)
FLOOR AREA RATIO
FREE BURNING
FREQUENCY
GARAGE, PRIVATE
GARAGE, PUBLIC
GARAGE, STORAGE
GREENDALE CENTER or GREENDALE CENTER BLOCKS 1 THROUGH 60
GROUND FLOOR AREA
GUEST, PERMANENT
HOME OCCUPATION
HOTEL
HOTEL, APARTMENT
INSTITUTION
INTENSE BURNING
JUNKYARD
KENNEL
LAUNDERETTE
LOADING SPACE
LODGING HOUSE
LODGING ROOM
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT, INTERIOR
LOT LINE, FRONT
LOT LINE, INTERIOR
LOT LINE, REAR
LOT LINE, SIDE
LOT OF RECORD
LOT, REVERSED CORNER
LOT, THROUGH
LOT WIDTH
MAJOR RECREATIONAL FACILITY
MICRON
MOBILE HOME PARK
MODERATE BURNING
MOTEL
MOTOR FREIGHT TERMINAL
NAMEPLATE
NET ACRE
NOXIOUS MATTER OR MATERIAL
NURSERY, CHILD-CARE
NURSING HOME
OCTAVE BAND
OCTAVE BAND FILTER
ODOR THRESHOLD
OPEN SALES LOT
OPEN SPACE
PARKING SPACE
PARTICULATE MATTER
PARTY WALL
PERFORMANCE STANDARD
PLAN COMMISSION
PLAYGROUND EQUIPMENT
PYROPHORIC DUST
QUALIFYING NONPROFIT COMMUNITY-BASED ORGANIZATION
(a)
1.
2.
(b)
RADIATION HAZARDS
RESEARCH LABORATORY
RESERVOIR STANDING SPACES
RINGELMANN CHART
RINGELMANN NUMBER
ROADWAY
ROOMING HOUSE
SCHOOL, NURSERY
SETBACK
SETBACK, ESTABLISHED BUILDING
SETBACK LINE
SIGN
SIGN, BUSINESS
SIGN, FLASHING
SIGN, GOVERNMENT
SIGN, GROSS AREA OF
SIGN, NEON
SIGN, OFF-PREMISES
SIGN, SIDEWALK SANDWICH
SIGN, TEMPORARY
SITE AREA, NET BUILDABLE
SMOKE
SMOKE UNITS, NUMBER OF
SOUND LEVEL
SOUND-LEVEL METER
STORY
STORY, HALF
STREET
STREET FRONTAGE
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
SWIMMING POOL
THOROUGHFARE
THREE-COMPONENT MEASURING SYSTEM
TOURIST HOME
TOWNHOUSE
TOXIC MATTER OR MATERIAL
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)
TRAILER or MOBILE HOME
TRAILER, TRAVEL
TRIP
USE
USE, ACCESSORY
USE, LAWFUL
USE, PERMITTED
USE, PRINCIPAL
USE, SPECIAL
VEHICLE, MOTOR
VEHICLE, RECREATIONAL
VEHICLES, PARKING OF MOTOR AND RECREATIONAL
VEHICLES, STORAGE OF MOTOR AND RECREATIONAL
VENDING MACHINES
VIBRATION
YARD
YARD, CORNER SIDE
YARD, FRONT
YARD, INTERIOR SIDE
YARD LINE
YARD, REAR
YARD, SIDE
ZONING ADMINISTRATOR
ZONING BOARD OF APPEALS
ZONING DISTRICTS
Definitions. As used in this chapter, the following
terms shall have the meaning indicated:
Having a common property line or district line.
A detached subordinate building, or a portion of a principal
building, the use of which is incidental to that of the dominant use
of the principal building.
1) proactive measures are being taken to connect and engage
with potential customers, which may include listing with a real estate
agent, publishing advertisements in a newspaper or other print publications,
or engaging in online advertising activities, such as posting on a
website; and 2) these actions are repeated, updated, and modified
regularly to continue to seek engagement with potential purchasers.
The mere fact of placing a sign on a lot does not itself demonstrate
that the property is being actively marketed.
[Added 10-16-2018 by Ord.
No. 899]
To lie near or close to; in the neighborhood or vicinity
of.
Touching or contiguous as distinguished from lying near or
adjacent.
The use for the pursuit of agriculture of a parcel of land
10 acres or more in area under unified ownership or control and when
within the perimeter of such a parcel there is no intervening street
or land in other ownership or control. The pursuit of agriculture
includes farming, dairying, pasturage, apiculture, horticulture, floriculture,
viticulture and animal and poultry husbandry and accessory uses customarily
incidental to normal agricultural activities, including but not limited
to the farm dwelling, dwellings for tenants and full-time hired farm
workers and lodging rooms in a dwelling for seasonal workers.
Any contrivance used for or designed for navigation of or
flight in the air.
Any area of land or water which is used or intended for use
for the landing and takeoff of aircraft and any appurtenant areas
which are used or intended for use as airport buildings or other airport
structures or rights-of-way, together with all airport buildings and
structures located thereon.
Any right-of-way with a width of not less than 16 feet nor
more than 24 feet which affords a secondary means of vehicular access
to abutting properties. An alley shall not be considered a street.
Any change in size, shape, occupancy or use of a building
or structure.
A building or portion thereof designed or used for the care,
observation or treatment of domestic animals.
A building or portion thereof containing facilities for washing
more than two motor vehicles using production line methods.
A building or portion thereof or premises used for dispensing
or offering for sale at retail gasoline, when stored only in underground
tanks, kerosene, lubricating oil or grease for operation of motor
vehicles and where tires, batteries and similar automobile accessories
may be offered for sale on the premises at retail; including minor
services and installations customarily incidental thereto, and facilities,
other than an automobile laundry, for washing cars, only if enclosed
in a building. Automobile service stations do not include open sales
lots or a public garage as defined herein.
See "junkyard."
A story having part but not more than half of its floor-to-clear-ceiling
height below the average finished ground grade adjoining the building
walls. When a basement is used for storage garages for use of occupants
of the building, or facilities common for the operations of the rest
of the building, other than facilities for dwelling or lodging, it
shall not be counted as a story.
Any place of lodging that satisfies all of the following:
[Added 7-17-2012 by Ord. No. 860]
Provides two or fewer bedrooms for rent to no more than a total
of six tourists or transients at any time.
Provides no meals other than breakfast and provides the breakfast
only to renters of the place.
Is the owner's personal residence.
Is occupied by the owner at the time of rental and continuously
thereafter.
Was originally built and occupied as a single-family residence,
or, prior to use as a place of lodging, was converted to use and occupied
as a single-family residence.
Provides a minimum of two off-street parking spaces on the premises
to accommodate the tourists or transients. Said two off-street parking
spaces shall be in addition to those required by the Village Zoning
Code to accommodate the single-family residential use.
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries or other recognized lines of
demarcation. A block may be located in part beyond the boundary lines
of the corporate limits of the Village.
See "lodging house."
The President and Board of Trustees of the Village of Greendale.
For the purpose of measuring lot width, the narrowest width
within the 30 feet of lot depth immediately in back of the front yard
setback line.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of any person,
animal or chattel. When any portion thereof is completely separated
from any other portion by a party wall, such portion shall be deemed
to be a separate building.
See "accessory building."
A building separated on all sides from the adjacent open
space or from other buildings or structures by a permanent roof and
by exterior walls or party walls, pierced only by windows and normal
entrance and exit doors.
A building surrounded by open space.
The vertical distance measured from the finished grade (as
determined by the Village Engineer) to the highest point of the roof
for a flat or slant roof, to the deckline of a mansard roof, or to
the mean height level between eaves and ridge of a gable, or hip,
or gambrel roof. Chimneys, towers, spires, elevator penthouses, cooling
towers, and similar projections (other than signs) shall not be included
in calculating building height.
[Amended 6-7-2005 by Ord. No. 816]
A nonaccessory building in which is conducted the principal
use of the lot.
Any building not designed to be permanently located at the
place where it is or where it is intended to be temporarily placed
or affixed.
The term used to indicate the size and setback of buildings
or structures and the location of the same with respect to one another
and includes the following:
An occupation, employment or enterprise which occupies time,
attention, labor and materials or wherein merchandise is exhibited
or sold or where services are offered.
The maximum number of persons that can avail themselves of
the services or goods of an establishment or use at any one time,
with reasonable comfort and safety.
A roofed automobile shelter with two or more open sides.
A story having more than half of its floor-to-clear-ceiling
height below the average finished ground grade at the building walls.
A cellar shall not be included in computing the number of stories
for the purposes of height measurement.
A building or portion thereof the principal use of which
is for offices of an organization or group of physicians or dentists,
or both, and contains facilities for examination and treatment of
patients but without facilities for overnight lodging.
The lowest temperature at which a combustible liquid under
the most favorable conditions shall give off a flammable vapor which
shall burn momentarily.
A nonprofit association of persons who are bona fide members
which owns, hires or leases a building or portion thereof in which
there are facilities for use only by members of such association and
their guests. The sale of alcoholic beverages to members and their
guests shall be allowed, provided that it is secondary and incidental
to the principal use and further provided that such sale of alcoholic
beverages is in compliance with the applicable federal, state, county
and Village laws.
Any building or structure which complies with all the regulations
of this chapter or of any amendment hereto governing the bulk of the
zoning district in which such building or structure is located or
which lawfully existed on the effective date of this chapter (April
8, 1964) even though the building or structure does not conform to
the regulations of this chapter or any amendment hereto governing
bulk of the zoning district in which such building or structure is
located.
In actual contact.
The level of the established roadway pavement curb edging
in front of a building measured at the center of such front and, where
no curb level has been established, the pavement elevation at the
street center line similarly measured. The Zoning Administrator may
designate the curb level as the average elevation of the finished
ground grades immediately adjacent to the building walls in locations
of unusual topographical conditions.
For the purposes of calculating visits to home occupation
premises, any one person receiving the services of a home occupation
on the premises of the home occupation.
[Added 10-5-2010 by Ord. No. 853]
Every day of the week, including Sunday, Monday, Tuesday,
Wednesday, Thursday, Friday, and Saturday.
[Added 10-5-2010 by Ord. No. 853]
A unit of measurement of the intensity (loudness) of sound.
Sound-level meters, which are employed to measure the intensity of
sound, are calibrated in decibels.
The quotient of the total number of dwelling units divided
by the net buildable site area of a site. (See also the definition
of "site area, net buildable.")
[Added 12-21-2010 by Ord. No. 854]
A portion of the corporate area of the Village within which
certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter.
An establishment where clipping, bathing and other services,
except those of a veterinary nature, are rendered to dogs, cats and
domestic pets. No boarding shall be permitted.
An establishment or part thereof in which are provided facilities
where serving or consuming commodities, or both, is intended to occur
primarily in patrons' automobiles parked on the premises.
That part of a lot constructed with a hard surface providing
access from a public right-of-way to a parking space.
A building or portion thereof designed or used exclusively
for residential purposes, including single-family, two-family and
multiple-family dwellings, but not including lodging rooms in hotels,
motels or lodging houses.
A dwelling joined to two other dwellings by party walls,
cavity walls or other aboveground, physically unifying, horizontal
structural elements.
A dwelling which is surrounded on all sides by open space
on the same lot.
A building containing three or more dwelling units.
A dwelling joined to one other dwelling by a party wall,
cavity wall or other aboveground, physically unifying, horizontal
structural element.
A building containing one dwelling unit only.
A building containing two dwelling units only, one above
the other.
One or more rooms which are arranged, designed or used as
living quarters for one family only. Individual bathrooms and complete
single kitchen facilities, permanently installed to serve the entire
family, shall always be included within each dwelling unit.
A dwelling unit consisting of one principal room, exclusive
of bathroom, kitchen, hallway, closets or dining alcove directly off
the principal room, provided that such dining alcove does not exceed
90 square feet in area.
Exterior insulation and finish systems for buildings which
are multilayered exterior wall systems that are used on both commercial
buildings and residential buildings.
[Added 12-21-2010 by Ord. No. 854]
A terminal at which electric energy is received from the
transmission system and is delivered to the distribution system only.
A terminal at which electric energy is received from the
transmission system and is delivered to other elements of the transmission
system and, generally, to the local distribution system.
A public or private enclosure designed to protect people
from aerial bombardment, radiological, biological, or chemical warfare,
fire, flood, windstorm, riots and invasions.
[Amended 5-20-2008 by Ord. No. 840]
A Village official duly appointed and designated as the Village
Engineer.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family or the
functional equivalent thereof, exhibiting the generic character of
a traditional family.
[Amended 5-20-2008 by Ord. No. 840]
A structure which is a barrier and used as a boundary or
means of protection or confinement.
A particular type of fence, including entrance and exit gates,
that exhibits the following qualities: is composed of a material that
has the appearance of wood; is white; is a picket-style, open fence;
and is no more than four feet in height.
[Added 12-7-2021 by Ord. No. 935]
A fence, including entrance and exit gates, where each one-foot-wide
segment for the full length and height of the fence contains at least
70% open space which affords a direct view through the fence.
A fence, including gates, which conceals from view from adjoining
properties, streets or alleys activities conducted behind it.
The sum of the gross horizontal areas of the
several floors, including also the basement floor of a building, measured
from the exterior faces of the exterior walls or from the center lines
of walls separating two buildings. The floor area shall also include
the horizontal areas on each floor devoted to:
Elevator shafts and stairwells.
Mechanical equipment, except if located on the
roof, when either open or enclosed, i.e., bulkheads, water tanks and
cooling towers.
Habitable attic space as permitted by the Building
Code.[1]
Interior balconies and mezzanines.
Enclosed porches.
Garages.
Accessory uses.
The floor area of structures used for bulk storage
of materials, including but not limited to grain elevators and petroleum
storage tanks, shall be determined on the basis of the height of such
structures, with one floor for each 10 feet of structure height, and
if a structure measures more than five feet over such floor equivalent
it shall be construed to have an additional floor.
Floor area when prescribed as the basis of measurement for
off-street parking spaces and off-street loading spaces for any use
shall be the sum of the gross horizontal area of the several floors
of the building, excluding areas used for accessory off-street parking
facilities and the horizontal areas of the basement and cellar floors
that are devoted exclusively to uses accessory to the operation of
the building. All horizontal dimensions shall be taken from the exterior
faces of the exterior walls or from the center lines of walls separating
two buildings.
The numerical value obtained by dividing the floor area within
a building or buildings on a lot by the area of such lot. The floor
area ratio requirement as designated for each zoning district when
multiplied by the lot area in square feet shall determine the maximum
permissible floor area for the building or buildings on the lot.
The rate of combustion described by a material which burns
actively and easily supports combustion.
Signifies the number of oscillations per second in a sound
wave and is an index of the pitch of the resulting sound.
An accessory building designed and used for the storage of
motor vehicles owned and used by the occupants of the building to
which it is accessory and in which no occupation or business for profit
is carried on. Not more than one of the motor vehicles may be a commercial
vehicle of not more than two tons' capacity.
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing or repairing motor
vehicles. Hiring, selling or storing of motor vehicles may be included.
A building or portion thereof designed or used exclusively
for storage of motor vehicles and in which motor vehicles are not
equipped, repaired, hired or sold, except that fuel, grease or oil
may be dispensed within the building for vehicles stored therein.
The Greendale Center Subdivision Blocks 1 through 57, except
Blocks 20, 21, 22, 40, 41, 50, 51 and 52.
The lot area covered by a principal building, measured at
the average finished ground grade at the building walls, from the
exterior faces of the exterior walls, but excluding open porches,
terraces, garages or carports.
A person who occupies or has the right to occupy a rooming
house, boardinghouse, hotel, apartment hotel or motel accommodation
as his domicile and place of permanent residence.
Any gainful occupation or profession conducted entirely within
a dwelling by a member of the family residing in the dwelling and
when such home occupation is incidental and secondary to the use of
the dwelling for dwelling purposes and when the operation of the home
occupation is not objectionable due to dust, smoke, odor, noise, excessive
vehicular and pedestrian traffic or other causes which could prove
detrimental to the surrounding residential area.
An establishment which is open to transient guests, in contradiction
to a boardinghouse or a rooming house, and is commonly known as a
hotel in the community in which it is located and which provides customary
hotel services, such as maid service; furnishing and laundering of
linens; telephone, secretarial and desk service; the use and upkeep
of furniture; and bellboy service.
A hotel, except that at least 80% of the hotel accommodations
are occupied or reserved for occupancy by permanent guests, securing
such accommodations by prearrangement for a continuous period of 30
days or more, and cooking facilities may be provided in any individual
room or suite of rooms for occupancy only by permanent guests.
A building occupied by a nonprofit corporation for public
or semipublic use.
The rate of combustion described by a material that burns
with a high degree of activity and is consumed rapidly.
An open area of land and any accessory building or structure
thereon which is used primarily for buying, selling, exchanging, storing,
baling, packing, disassembling or handling waste or scrap materials,
including vehicles, machinery and equipment not in operable condition
or parts thereof and other metals, paper, rags, rubber tires and bottles.
Any premises or portion thereof on which more than two dogs,
cats or other household domestic animals over four months of age are
kept or on which more than one such animal is maintained, boarded,
bred or cared for in return for remuneration or kept for the purpose
of sale.
A business that provides self-service-type washing, drying,
dry-cleaning and ironing facilities, provided that not more than four
persons, including owners, are employed on the premises and no pickup
or delivery service is maintained.
A space within the principal building or on the same lot
providing for the standing, loading or unloading of trucks and with
access to a street or alley.
A dwelling where lodging, or lodging and meals, is provided
for compensation to three or more persons by prearrangement for definite
periods.
A room or suite of rooms rented as sleeping and living quarters
but without cooking facilities and with or without an individual bathroom.
In a suite of rooms without cooking facilities, each room which provides
sleeping accommodations shall be counted as a lodging room for the
purpose of this chapter.
A single parcel of land which may be legally described as
such or may be one or more numbered lots or parts of lots in a recorded
subdivision plat, located within a single block and occupied by or
intended for occupancy as the site for a principal building or a principal
use, together with accessory buildings and uses, yards and other open
spaces as required by this chapter and having its principal frontage
on a street.
The area of a horizontal plane bounded by the front, side
and rear lines of a lot.
A lot located at the intersection of two streets or a lot
bounded on two sides by a curving street and any two chords of which
form an angle of 120° or less measured on the lot side.
The part or percent of the lot occupied by buildings or structures,
including accessory buildings or structures.
The mean horizontal distance between the front lot line and
the rear lot line of a lot measured within the lot boundaries.
A lot that is not a corner lot.
That lot line of a lot which adjoins the right-of-way line
of a street. On a corner lot, the lot line having the shortest length
abutting a street shall be the front lot line.
A lot line which is not a rear lot line and which does not
adjoin a street right-of-way line.
That boundary of a lot which is most distant from and is
most nearly parallel to the front lot line, and in the case of an
irregular, triangular or gore-shaped lot, a line 10 feet in length
within the lot, parallel to and at the maximum distance from the front
lot line.
Any boundary of a lot which is not a front lot line or a
rear lot line.
A lot which has been recorded in the office of the Register
of Deeds of Milwaukee County, Wisconsin.
A corner lot where the side lot line adjoining a street is
substantially a continuation of the front lot line of the first lot
to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel streets and which is not a corner or reversed corner
lot. Each lot line adjoining a street shall be deemed a front lot
line.
The minimum horizontal distance between the side lot lines
of a lot measured at the narrowest width within the buildable area.
Any structure constructed, assembled or erected facilitating
the recreational use of the property and accessory to the permitted
residential use, the recreational use of which might prove to be injurious
to the peaceful use and enjoyment of other property in the immediate
vicinity for purposes already permitted or might prove to substantially
diminish or impair property values of the same, including, but without
limiting the generality of the foregoing, swimming pools and tennis
courts.
A unit of length equal to 0.001 millimeter.[2]
A parcel or tract of land developed with facilities for locating
three or more mobile homes, provided that each mobile home contains
a kitchen, flush toilet and shower or bath and a mobile home park
shall be for use only by nontransient dwellers remaining continuously
for more than one month, whether or not a charge is made. It shall
not include a sales lot in which motor vehicles or unoccupied trailers
are parked for the purpose of inspection or sale.
Implies a rate of combustion described by material which
supports combustion and is consumed slowly as it burns.
An establishment consisting of a group of attached or detached
lodging rooms with bathrooms, located on a single parcel within a
block and designed for use by transient automobile tourists. A motel
furnishes customary hotel services such as maid service and laundering
of linen, telephone and secretarial or desk service, and the use and
upkeep of furniture. In a motel, less than 50% of the living and sleeping
accommodations are occupied or designed for occupancy by persons other
than transient automobile tourists. A motel shall not include cooking
facilities in any of its lodging rooms.
A building or area in which freight brought by motor truck
is assembled or stored for routing in intrastate or interstate shipment
by motor truck.
A sign indicating the name and address of a building or name
of an occupant thereof and the practice of a permitted occupation
therein. Nameplates are tantamount to government signs, to assist
in identification of property and in the provision of emergency services.
[Amended 10-16-2018 by Ord. No. 899]
An acre of land, excluding public street rights-of-way and
other publicly dedicated land areas such as parks, open space, floodplains,
wetlands, and stormwater detention and retention facilities.
[Added 12-21-2010 by Ord. No. 854]
A material which is capable of causing injury to living organisms
by chemical reaction or is capable of causing detrimental effects
on the physical or economic well-being of individuals.
An establishment for the part-time care of five or more children
of the pre-elementary school age in addition to the members of the
family residing therein.
A home for the aged or chronically ill, care of children
or infirm or incurable persons, or a place of rest for those suffering
bodily disorders, in which three or more persons not members of the
immediate family residing on the premises are received, kept or provided
with food and shelter or care, but not including hospitals, clinics
or similar institutions devoted primarily to the diagnosis and treatment
of disease or injury, maternity cases or mental illness.
A method of dividing the range of sound frequencies into
octaves in order to classify sound according to pitch.
An electrical frequency analyzer designed according to standards
formulated by the American Standards Association and used in conjunction
with a sound-level meter to take measurements in specific octave intervals.
The minimum concentration of odorous matter in the air that
can be detected as an odor.
Land used or occupied for the purpose of buying, selling
or renting merchandise stored or displayed out of doors prior to sale.
Such merchandise includes automobiles, trucks, motor scooters, motorcycles,
boats or similar commodities.
Any site, parcel, lot, area, or outlot of land or water essentially
unimproved and set aside, dedicated, designated, or reserved for the
public or private use or enjoyment or for the use and enjoyment of
owners and occupants of land adjoining or neighboring such open space.
Land that is to be used primarily for resource protection, agriculture,
recreational purposes, or otherwise left undisturbed and specifically
excluding road rights-of-way and lots. Open space land shall not be
occupied by nonrecreational buildings, roads, drives, public rights-of-way,
or off-street parking areas for nonrecreational uses. Land located
within the yards or lots of residential and/or nonresidential properties
is not considered open space unless it is deed restricted for open
space protection or natural resource features protection. Where lots
are above the minimum sizes required and the excess lot area is deed
restricted to open space uses, said excess lot area may be counted
as open space.
[Added 12-21-2010 by Ord. No. 854]
A designated area, either enclosed in a building or in the
open, which is reserved for the parking of one motor vehicle and which
has access from a street, alley or other public way.
Finely divided solid or liquid matter, other than water,
which is released into the atmosphere.
A common wall which extends from its footing below grade
to the underside of the roof and divides buildings.
A criteria established to control smoke and particulate matter,
noise, odor, toxic or noxious matter, vibration, fire and explosive
hazards or glare or heat generated by or inherent in uses of land
or buildings.
The Plan Commission of the Village of Greendale.
Equipment fabricated to be utilized by children in play or
sport. Basketball hoops, backboards and poles upon which they are
attached are excluded from this definition.
[Added by Ord. No. 647]
A dust in a finely divided state that is spontaneously combustible
in air.
[Added 10-16-2018 by Ord. No. 899]
An organization that meets one of the following requirements:
An organization specified in § 70.11(12)(a), Wis.
Stats., that is located within the Village.
An educational, religious, community service, or benevolent
institution that is located within the Village of Greendale and is
specifically dedicated to public services and/or activities within
the Village of Greendale as demonstrated by its articles of incorporation,
bylaws, or other similar organizational documents to satisfy the Village
Manager.
The Village Manager shall have the authority to determine whether
an organization is a qualifying nonprofit community-based organization
as described herein; provided, however, that the Village Manager and/or
any applicant may request the Village Board review of a decision by
the Village Manager regarding the matter, within 30 days of the decision.
Such determination is final and cannot be appealed to the Board of
Appeals nor the Administrative Review Board.
The deleterious and harmful effects of all ionizing radiation,
which shall include all radiations capable of producing ions in their
passage through matter. Such radiations shall include, but are not
limited to, electromagnetic radiations such as X-rays and gamma rays
and particulate radiations such as electrons or beta particles, protons,
neutrons and alpha particles.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
Those off-street parking spaces allocated for temporary standing
of occupied automobiles awaiting entrance to a particular establishment.
The chart described in the United States Bureau of Mines
Information Circular 6888 on which are illustrated graduated shades
of grey for use in estimating the light-obscuring capacity of smoke
(smoke density).
The designation of the area on the Ringelmann Chart that
coincides most nearly with the visual density of emission or the light-obscuring
capacity of smoke.
That portion of a street between the regularly established
curblines or that portion of a street which is used or intended to
be used for vehicular travel, whether or not such portion is improved
or unimproved with a pavement surface.
See "lodging house."
See "nursery, child-care."
The minimum horizontal distance between the setback line
and the lot line abutting a street or the center line of a thoroughfare.
When 40% or more of the lots fronting on one side of a street
within a block are improved, the existing building setbacks of such
improved lots shall be the established building setback for determining
the required setbacks for the remainder of the lots along such street
frontage, as regulated in this chapter.
A line on a lot that extends for the full length of a lot
line adjoining a street or thoroughfare and which is not nearer at
any point to a lot line abutting a street than the depth or width
of the required yard or to the center line of an abutting thoroughfare
than the required setback from the center line of a thoroughfare.
No building, structure or other obstruction shall encroach into the
area between a setback line and the lot line adjoining a street or
thoroughfare except obstructions in yards permitted herein.
A name, identification, description, display or illustration
which is affixed to or painted or represented directly or indirectly
upon a building, structure or piece of land and which directs attention
to an object, product, place, activity, person, institution, organization
or business. A sign shall not include any display of official court
or public office notices, the flag, emblem or insignia of a nation,
political unit, school or religious group or a sign located completely
within an enclosed building, except such signs located behind window
areas for the purpose of being viewed from outside the building. Each
display surface of a sign shall be considered to be a sign. Official
court or public office notices, and the foregoing flags, emblems and
insignia are excluded from this definition for the observance of the
applicable institutions of our participatory democracy.
[Amended 10-16-2018 by Ord. No. 899[3]]
A sign which directs attention to a business or profession
conducted or to a commodity, service or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.[4]
An illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color at all times
when such sign is in use. A revolving sign or any moving part of an
advertising device that is illuminated shall be considered a flashing
sign.
Any sign that is owned, operated, or required by a governmental
entity having jurisdiction, including, but not limited to, the signs
designated in this chapter as government signs, and signs that are
required by applicable laws. Such signs include signs on municipally
owned vehicles, official traffic, fire and police signs, signals,
devices, and markings of the State of Wisconsin and the Village or
other public authorities, or posted notices required by law.
[Added 10-16-2018 by Ord.
No. 899]
The entire area within a single continuous perimeter enclosing
the extreme limits of the actual surface of a single-face sign. It
does not include any structural elements lying outside the limits
of such sign and not forming an integral part of the display. A double-face
or V-type sign erected on a single supporting structure where the
interior angle does not exceed 135° shall be considered and measured
as a single-face sign for the purpose of computing square foot area.
A sign or display constructed of varying sizes and shapes
of tubed material filled with either powder or gas which illuminates
in various colors when electrified.
[Added 6-16-1998 by Ord. No. 757]
A sign which is not appurtenant to the use of the property
or to a product sold or a service offered upon the property where
the sign is located, and which does not identify the property where
the sign is located as a purveyor or source of the merchandise or
services advertised upon the sign.
[Added 10-16-2018 by Ord.
No. 899]
A sign which is movable and not secured or attached directly or indirectly to the ground, structure, or building; which use is limited to special events of special sales; and which meets all the requirements of § 17.19(6)(i), titled "Sidewalk sandwich signs," of the Village of Greendale Zoning Code.
[Added 10-7-2008 by Ord. No. 844]
A sign constructed of cloth, canvas, wood, light fabric,
cardboard, wallboard, plastic or other light materials, with or without
frames, and any type of sign not permanently attached to the ground,
wall or building which is permitted for display for a limited period
of time only.
[Added 10-16-2018 by Ord.
No. 899]
The entire land area within the boundaries of a site, less
the area of all land required or proposed for public use, open space,
or natural resource preservation or protection (floodplains and wetlands).
[Added 12-21-2010 by Ord. No. 854]
The visible discharge from a chimney, stack, vent, exhaust
or combustion process which is made up of particulate matter.
The number obtained when the smoke density in the Ringelmann
number is multiplied by the time of emission in minutes. For the purpose
of this calculation, a Ringelmann density reading shall be made at
least once a minute during the period of observation; each reading
is then multiplied by the time in minutes during which it is observed
and the various products are then added together to give the total
number of smoke units observed during the entire observation period.
The intensity of sound of an operation or use as measured
in decibels.
An instrument standardized by the American Standards Association
for measurement of the intensity of sound.
That portion of a building included between the surface of
any floor and the surface of the floor next above or, if there is
no floor above, the space between the floor and the ceiling next above
it, and in the case of a split-level story, the surface of the floors
at different elevations and the ceilings next above such floors, provided
that there is not more than four feet difference in elevation between
the levels of the floors of such a story. A mezzanine floor, if it
covers over 1/3 of the area of the floor next below it or if the vertical
distance from the floor next below it to the floor next above it is
24 feet or more or a basement, shall be considered a story, and a
cellar is not a story.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than three feet above the floor of such story, except that any partial
story used for residence purposes, other than for a janitor or caretaker
or his family or by a family occupying the floor immediately below
it, shall be deemed a full story.
Any right-of-way containing a roadway, whether dedicated
as a public street or, when permitted by this chapter and other ordinances
of the Village, a private street or recorded easement, which provides
the primary means of vehicular access to abutting properties.
All of the property fronting on one side of a street between
two intersecting streets or, in the case of a dead-end street, all
of the property along one side of the street between an intersecting
street and the end of such dead-end street.
The street right-of-way line which is contiguous with a property
line of a lot, parcel or tract.
Any change in the number and width of exits or in the supporting
members of a building, such as bearing walls or partitions, columns,
beams or girders, or any substantial change in the roof.
Anything constructed or erected the use of which requires
more or less permanent location on the ground or attached to something
having a permanent location on the ground, including, but without
limiting the generality of the foregoing, advertising signs, backstops
for tennis courts and pergolas.
Any depression in the ground, either temporary or permanent,
or a container of water, either temporary or permanent and either
above or below the ground, in which water of more than 24 inches in
depth at any point is contained and which is used primarily for the
purpose of wading, swimming or bathing.
[Amended 5-20-2008 by Ord. No. 840]
A street designated as a thoroughfare by the Village or other
governmental authority having jurisdiction which has a high degree
of continuity and serves as an arterial trafficway between the various
districts of the Village or the areas beyond. Thoroughfares classified
as freeways or other types of limited access routes shall serve as
primary means of access to abutting properties only when frontage
roads are provided within such thoroughfare rights-of-way.
Instruments which measure simultaneously earthborne vibrations
in horizontal and vertical planes.
"Tourist home establishment" means any property that is defined
or regulated by §§ 66.1014(2)(d)2 or 97.01(15k), Wis.
Stats., as a tourist rooming house.
[Amended 11-20-2018 by Ord. No. 904]
A single-family dwelling unit constructed in a group of three
or more attached units in which each unit extends from foundation
to roof and with a yard or public way on at least two sides.
[Added 12-21-2010 by Ord. No. 854]
Those materials which are capable of causing injury to living
organisms by chemical means.
A compact, mixed-use neighborhood where residential, commercial
and civic buildings are within close proximity to each other.
[Added 12-21-2010 by Ord. No. 854]
That which is, or was as originally constructed, designed
to be transported by any motor vehicle upon a public highway and designed,
equipped and used primarily for sleeping, eating and living quarters,
or is intended to be so used, and includes any additions, attachments,
annexes, foundations and appurtenances.
[Amended 5-20-2008 by Ord. No. 840]
A trailer designed and constructed for travel and temporary
lodging purposes and which does not exceed a gross weight of 4,500
pounds when factory equipped for the road and which is intended for
use only for camping, recreational travel or vacation use.
A single or one-direction vehicle movement with either the
origin or the destination (exiting or entering) inside a lot or parcel
of land. For trip generation purposes, the total trip ends for a land
use over a given period of time are the total of all trips entering
plus all trips exiting a lot or parcel of land during any twenty-four-hour
time period.
[Added 10-5-2010 by Ord. No. 853]
The purpose or activity for which the land or building thereon
is designed, arranged or intended or for which it is occupied or maintained,
which shall include any manner of performance of such activity with
respect to the performance standards of this chapter.
One which is incidental to the dominant use of the premises.
The use of any building, structure or land that conforms
to all of the use regulations of the ordinances of the Village, county
and state and any existing building, structure or land conforming
in respect to use but not in respect to all the regulations of this
chapter or of any amendment hereto governing bulk of the zoning district
in which such use is located.
Any use which may be lawfully established in a particular
district or districts, provided that it conforms to all requirements,
regulations and performance standards, if any, of such district.
The dominant use of land or buildings as distinguished from
a subordinate or accessory use.
A use which, because of its unique characteristics, cannot
be properly classified as a permitted use in a particular district
or districts, but when such use is herein listed as a special use
in a district or districts it may be allowed therein after approval
in each case by the Village President and Village Board in accordance
with procedures set forth in § 62.23(7)(d), Wis. Stats.
Any passenger vehicle, truck, truck-trailer, trailer or semitrailer
propelled or drawn by mechanical power.
A trailer, mobile home, boat, snowmobile and any other vehicles
used for recreational purposes upon or by which any person or property
is or may be transported or drawn upon a road, street or highway.
Excluded from this definition shall be passenger motor vehicles or
vehicles which cannot be licensed as a motor vehicle and which are
used for racing or other competitive or commercial purposes.
[Amended by Ord. No. 734]
The word "parking" shall be construed to mean of short duration
and measured by hours and at most by a day or two.
The storage of motor vehicle and recreational vehicles indicates
some degree of permanence, whereas parking connotes transience.
Machines for dispensing merchandise or services designed
to be operated by the customer.
The periodic displacement, measured in inches, of earth at
designated frequency (cycles per second).
An open area on a lot which is unobstructed from its lowest
level to the sky, except as otherwise provided in this chapter.
A side yard which adjoins a street.
A yard extending along the front lot line which is bounded
by the side lot lines, front lot line and the front yard line.
A side yard which adjoins another lot or an alley, separating
such side yard from another lot.
A line in a lot that is parallel to the lot line along which
the applicable yard extends and which is not nearer to such lot line
at any point than the required depth or width of the applicable yard.
A building, structure or other obstruction shall not encroach into
the area between the yard line and such adjacent lot line, except
for such permitted obstructions in yards as set forth in this chapter.
A yard extending along the rear lot line which is bounded
by the side lot lines, rear lot line and the rear yard line.
A yard extending along a side lot line which is bounded by
the rear yard line, front yard line, side yard line and side lot line.
The Zoning Administrator of the Village.
The Zoning Board of Appeals of the Village of Greendale.
The districts into which the Village has been divided for
zoning regulations and requirements.
[2]
Editor's Note: The former definition of "mobile
home," which immediately followed this definition, was repealed 5-20-2008
by Ord. No. 840. See the definition "trailer or mobile home."
[3]
Editor's Note: This ordinance also repealed the former definition
of "sign, advertising (billboard)," which immediately followed this
definition.
[4]
Editor's Note: The former definition of “sign, community,”
added by Ord. No. 682, which immediately followed this definition,
was repealed 10-16-2018 by Ord. No. 899.
(1)
Interpretation.
(a)
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements for the
promotion of the health, safety, morals, comfort, prosperity and general
welfare.
(b)
Where the conditions imposed by any provision of this
chapter upon the use of land or buildings or upon the bulk of buildings
are either more restrictive or less restrictive than comparable conditions
imposed by any other provision of this chapter or of any other law,
ordinance, resolution, rule or regulation of any kind, the regulations
which are more restrictive or which impose higher standards or requirements
shall govern.
(c)
This chapter is not intended to abrogate any easement,
covenant or any other private agreement, provided that where the regulations
of this chapter are more restrictive or impose higher standards or
requirements than such easements, covenants or other private agreements,
the requirements of this chapter shall govern.
(d)
The provisions in this chapter are cumulative and
additional limitations upon all other laws and ordinances which have
been passed or which may be passed hereafter governing any subject
matter in this chapter.
(2)
Control over use of land, buildings or structures. The use of a building, structure or tract of land shall be for a use which is herein specified as a permitted or special use in the district regulations applicable to the district in which such building, structure or land is located. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter (April 8, 1964) and where construction has been begun within six months of the effective date and is being prosecuted to completion, such building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued and, further, may upon completion be occupied under a certificate of occupancy by the use originally designated, subject to the provisions of § 17.26.
(3)
Control over bulk.
(a)
Compliance required. All new buildings or structures or enlargement, reconstruction, structural alteration, conversion or relocation of existing buildings or structures shall hereafter conform to the bulk regulations herein set forth for the district in which each building or structure is located, except as otherwise provided in Subsection (3)(b).
(b)
Exceptions. Lots of record, except those in the Plat
of Greendale, Blocks 1 through 60, existing on the effective date
of this chapter (April 8, 1964) which do not conform to the minimum
lot width or lot area regulations of this chapter may be used for
new or enlargement, reconstruction, structural alteration, conversion
or relocation of existing single-family detached dwellings, single-family
semidetached dwellings or two-family detached dwellings and accessory
buildings, structures and uses customarily incidental thereto, provided
that such lots are located in residence districts where such dwellings
are permitted uses. However, there shall be compliance with all other
regulations of this chapter, except that when such lots are in subdivisions
for which protective covenants have been recorded there may be compliance
with less restrictive provisions of the protective covenants covering
bulk.
(4)
Single-family detached dwellings. In any residence
district, every single-family detached dwelling and accessory buildings
or structures hereafter erected or structurally altered shall be located
on a lot, and there shall be no more than one such principal building
on one lot. Each single-family detached dwelling shall have a ground
floor area not less than the minimum ground floor area herein set
forth applicable to the district where such dwelling is located, except
that in a subdivision of record on the effective date of this chapter
(April 8, 1964) such dwelling may have a ground floor area of not
less than that required by protective covenants covering such subdivision,
even though such ground floor area may be less than herein required.
(5)
Yards and other open spaces.
(a)
Yards and other open spaces as required by this chapter shall be located on the same lot as the principal building, structure or use and shall have no less than the minimum width, depth, or area as herein required for the district in which such building, structure or use is located. However, in a subdivision of record on the effective date of this chapter (April 8, 1964) yards and other open areas shall be not less than required by protective covenants as shown on or accompanying the subdivision plats of record, even though such yard and other open area requirements are less restrictive than herein required. When 40% or more of the lots fronting one side of a street within a block have established building setbacks or any lot fronting on a designated thoroughfare, front yards shall be as herein regulated in § 17.04(6), Setback lines along streets and thoroughfares.
(b)
On vacant through lots, either of the lot lines abutting
a street may be established as the front lot line, except that when
a front lot line has been established on one lot within a block which
contains one or more through lots, the street right-of-way line designated
as the front lot line for such lot shall be the front lot line on
all other lots in such block.
(c)
On a corner lot in residence districts, the front
line shall be the lot line having the shortest dimension along a street
right-of-way, whether or not the main entrance doorway to the building
is in the building wall fronting the front lot line; provided, however,
that the Building Board may provide otherwise.
(d)
No legally required yards, other open space or minimum
lot area allocated to any existing building, structure or use shall
be, by virtue of change of ownership or for any other reason, used
to satisfy yard, other open space or minimum lot area requirements
for any other building, structure or use.
(e)
No lot containing a building, structure or use shall hereafter be divided into two or more lots for the purpose of transfer of ownership for establishing a principal use, unless all lots resulting from such division shall conform to not less than the minimum lot area and width regulations applicable in the district where the lot is located. However, existing two-family lots upon which is erected a freestanding two-family residence within the plat of Greendale Center, Blocks 1 through 60, may be divided as provided in Chapter 18, § 18.02(4), without conforming to the minimum lot area and width regulations applicable in the district where the lot is located.
(f)
No yards allocated to an existing building, structure
or use shall be subsequently reduced or further reduced below the
minimum yard requirements of this chapter applicable in the district
where the building, structure or use is located, except that a yard
adjoining a thoroughfare on a lot containing a building, structure
or use on the effective date of this chapter (April 8, 1964) may be
reduced in depth if the right-of-way width of such thoroughfare is
subsequently increased.
(g)
Condominium conversions shall be subject to the same
yard and open space requirements as the property was prior to conversion.
(6)
Setback lines along streets and thoroughfares.
(a)
Setback lines on lots abutting a street that is not
designated as a thoroughfare shall be set back the distance required
for a front yard or side yard abutting a street in the districts where
such lots are located, except as otherwise provided herein.
(b)
Setback lines on lots abutting a thoroughfare shall
be measured from the center line of the thoroughfare and be set back
a distance equivalent to 1/2 the width of the thoroughfare right-of-way
as designated on the Official Thoroughfare Plan of the Village or
as established by county or state highway authorities, plus the depth
of a front yard or side yard abutting a street, as herein required
for the districts in which such lots are located.
(c)
When 40% or more of the lots fronting one side of
a street within a block have established building setbacks of a depth
other than herein required for a front yard in the district in which
the lot is located, the front yard depth for each remaining lot along
such street frontage shall be as follows, except that setback lines
on corner lots and lots fronting on thoroughfares shall not be set
back a distance less than the shortest distance measured between the
front lot line and a point equal distance between side lot lines on
a line extending from the point of intersection of the front wall
and nearest side wall of the next existing principal building adjacent
to one side of the lot to the point of intersection of such building
walls of the next existing principal building adjacent to the other
side of the lot, unless no principal building exists on one side of
a lot, then such line extends to the point of intersection of the
required front yard line and required nearest side yard line in the
corner lot on such street frontage.
(7)
Accessory buildings, structures and uses.
(a)
Accessory buildings, structures and uses customarily incidental to permitted and special principal uses shall be permitted as herein regulated. Accessory structures such as solar collector structures, either freestanding or attached to a principal or accessory building; windmills and other wind-generating structures on lots three acres or more in area; radio and television satellite antennas, such as dish antennas, whether mounted on a building or located on the ground, either permanently or in a portable manner; and other similar accessory structures shall conform to the requirements set forth in this section and shall be required to obtain a permit under § 15.07 of this Code.
[Amended by Ord. No. 586]
(b)
Accessory buildings, structures and uses shall be
compatible with the principal use and shall not be established prior
to the establishment of the principal use and, except as otherwise
herein regulated, shall not include the keeping, propagation or culture
of pigeons, poultry or livestock, whether or not for profit.
(c)
Except as otherwise herein regulated, an accessory
building in a residential district hereafter erected, altered, enlarged
or moved on a lot shall conform to the following provisions:
1.
A detached accessory building in a rear yard shall
be not less than 20 feet from the rear lot line and not less than
the side yard required for the principal building from the nearest
side lot line, except:
a.
In such portions of the Plat of Greendale Center,
Blocks 1 through 60, comprising the areas originally occupied by single-
or two-family dwellings constructed by the Resettlement Administration,
a detached garage or carport may be attached by a party wall centered
on the side lot line and common to a garage or carport located in
the rear yard of the adjoining lot.
b.
An accessory building or structure in the rear
yard of a through lot shall not be nearer to the rear lot line abutting
a street than the distance required for a front yard. In the plat
of Greendale Center, Blocks 1 through 60, the setback shall not be
less than 25 feet.
c.
When a property owner cannot meet the side yard
setback with a detached private garage (foundation measurement of
14 feet by 22 feet) with entry to the garage perpendicular to the
street (garage door parallel to the street) he may construct a private
detached garage not to exceed 14 feet by 22 feet (foundation measurement)
encroaching upon the side yard to the minimum distance possible in
the judgment of the Building Board, but in no case shall the side
yard setback on the garage side be less than five feet. After the
degree of encroachment has been determined, the size of the garage
in the other direction shall be immaterial. The garage shall meet
all other setback requirements. Projections shall not encroach into
the minimum five-foot setback.
d.
The requirements of Subsection (8)(w) of this
section notwithstanding, in the R-1, R-1A, R-2, R-3, R-4, and R-5
Residential Zoning Districts only, detached sheds and storage buildings
which are 80 square feet in area or less and are used exclusively
for the storage of garden equipment and household items shall:
[Added 5-21-2002 by Ord. No. 793]
1)
Not be located in the front or side yards.
2)
Not be located less than 10 feet from the rear
lot line.
3)
Have a required side yard of not less than that
of the principal building from the nearest side lot line or closer
to the side lot line than an accessory garage, whichever is closest
to the side lot line.
4)
Not be closer to a detached garage or other
accessory structure than three feet.
5)
Not exceed a maximum height of eight feet as
measured from grade to the highest point of the roof structure.
6)
Not be constructed within any drainage or utility
easements nor within any drainage swale or drainage course.
7)
Not be constructed of exposed steel or clad
with steel (unless it matches the siding of the principal residential
structure) but may be clad with aluminum or vinyl siding materials.
Said cladding materials and roof materials shall match the colors
and material type of the existing residential structure or other material
approved by the Building Board.
8)
Said sheds and storage buildings for garden
equipment shall have architectural plans approved by the Village Building
Board. Said architectural plans shall include building elevations
and floor plan, including dimensions of height, width, and length,
as well as an indication for materials proposed to be used. In addition,
for prefabricated sheds and storage buildings for garden equipment,
a copy of the manufacturer's brochure, photographs, and assembly instructions
shall be submitted.
9)
The Village Building Board may require a landscape
plan to be prepared for review and approval of the Village Building
Board. If a landscape plan is required by the Village Building Board,
said landscape plan shall indicate either in writing or graphically
on a drawing the location, number, type (common name and scientific
name for plant materials), and size of all proposed landscape plantings.
Any landscape plant materials which may be required by the Village
Building Board shall be installed at the time of the construction
of the shed or storage building.
10)
Be limited to one detached shed or storage building
used exclusively for the storage of garden equipment and household
items per lot or parcel.
2.
A detached accessory building or when attached to
the principal building shall not be located in a front yard or a required
side yard or side yard abutting a street.
3.
A detached accessory building shall not be nearer
than five feet to the nearest wall of the principal building or within
60 feet of the front lot line.
(d)
No accessory building located in a rear yard shall
exceed one story or 17 feet in height, whichever is lower. The total
ground floor of all detached accessory buildings in a rear yard shall
not be more than 15% of the total area of the rear yard. In the R-1
through R-3 Residence Districts, no more than two detached accessory
buildings are permitted in any rear yard, and the total square footage
shall not exceed 720 square feet even if the percentage of total area
is less than 15%.
[Amended by Ord. No. 659]
(e)
Accessory buildings in business, office, research
and manufacturing districts shall conform to setbacks for the principal
building to which they are accessory.
(f)
Any major recreational facility to be established
in a residential district shall not extend closer than 20 feet to
the rear lot line and shall conform to the side yard and front yard
setbacks for the principal building to which the major recreational
facility is accessory. Fencing, landscaping, lighting and other buffer
or safety precautions may be required at the discretion of the Building
Board; provided, however, that the installation of such items shall
be approved by the Building Board.
(8)
Permitted accessory buildings, structures and uses.
Except as otherwise regulated herein for a specific permitted or special
use, the following accessory buildings, structures and uses are permitted
and may be obstructions in yards as follows:
|
Front Yards
|
Interior Side Yards
|
Rear Yards
| |||
|---|---|---|---|---|---|
|
(a)
|
Awnings or canopies, attached, projecting not
more than 25% of the width or depth of a yard
|
X
|
X
|
X
| |
|
(b)
|
Arbors or trellises
|
X
| |||
|
(c)
|
Air-conditioning equipment shelters
|
X
| |||
|
(d)
|
Balconies
|
X
| |||
|
(e)
|
Bays extending less than 50% of the length of
the building wall and projecting not more than 2 feet into a yard
|
X
|
X
|
X
| |
|
(f)
|
Bay windows projecting not more than 3 feet
into a yard
|
X
|
X
|
X
| |
|
(g)
|
Chimneys, attached, projecting not more than
24 inches into a yard
|
X
|
X
|
X
| |
|
(h)
|
Eaves and gutters on principal buildings or
attached accessory buildings projecting not more than 4 feet into
a front and rear yard and not more than 24 inches into a side yard.
Eaves and gutters on detached accessory buildings may project not
more than 24 inches into required yards unless prohibited by other
provisions of this chapter.
|
X
|
X
|
X
| |
|
(i)
|
Emergency shelters, attached or detached, when
conforming also to other codes and ordinances of the Village[1]
|
X
| |||
|
(j)
|
Fences, solid or open. Open fences not more than 5 feet 6 inches in height may be constructed in residential districts within the required interior side and rear yards. Open or solid fences within or abutting residential districts not more than 6 feet 6 inches in height shall meet interior side and rear yard offset requirements. In business, manufacturing and agricultural districts, fences not exceeding 6 feet 6 inches in height are permissible and may be located in front and side yards, except when the rear lot line adjoins a Village street or right-of-way. Fencing for major recreational facilities is governed by Subsection (7)(f). Fence height shall be measured as being the height above the elevation of the surface of the ground immediately beneath the fence.
|
X
|
X
| ||
|
(k)
|
Fire escapes, open or enclosed, or fire towers
may project into a required front yard or side yard adjoining a street
not more than 5 feet and into a required interior side yard or court
not more than 3 1/2 feet.
|
X
|
X
|
X
| |
|
(l)
|
Flagpoles
|
X
|
X
|
X
| |
|
(m)
|
Garages or carports, attached or detached
|
X
| |||
|
(n)
|
Growing of farm and garden crops in the open
|
X
|
X
| ||
|
(o)
|
Home occupations, provided that such occupation
is not conducted from an accessory building
|
Not permitted in any yard
| |||
|
(p)
|
Where specifically approved by the Village Board,
after referral to the Plan Commission and subject to all conditions
imposed in such approval, the keeping of horses and other livestock
and poultry for noncommercial purposes as accessory to a single-family
dwelling on a lot not less than 5 acres in area, provided that buildings
or structures for such accessory uses are located not less than 150
feet from any lot line. Adequate fencing, landscaping and maximum
practical conditions of neatness and sanitation shall be maintained
to avoid detrimental effects on surrounding uses. No more than 1 horse,
other livestock or poultry per acre shall be permitted.
|
X
| |||
|
(q)
|
Lawn furniture, such as benches, sundials, birdbaths
and similar architectural features
|
X
|
X
|
X
| |
|
(r)
|
Open off-street loading spaces
|
X
| |||
|
(s)
|
Open off-street parking spaces shall be located
not less than 2 1/2 feet from the nearest side lot line
|
X
|
X
| ||
|
(t)
|
Ornamental light standards
|
X
|
X
|
X
| |
|
(u)
|
Playground and laundry-drying equipment.
|
X
| |||
|
(v)
|
Playhouses and open-sided summer houses
|
X
| |||
|
(w)
|
Sheds and storage buildings for garden equipment
and household items as accessory to buildings, with the maximum dimensions
to be 120 square feet, with a side wall height of 12 feet and provided
that not more than 1 shed per lot shall be allowed. Also see Subsection
(7)(c)1d.
[Amended by Ord. No. 616; 5-21-2002 by Ord. No. 793] |
X
| |||
|
(x)
|
Signs and nameplates as regulated herein
|
X
|
X
|
X
| |
|
(y)
|
Sills, belt courses, cornices and ornamental
features of the principal building projecting not more than 18 inches
into a yard
|
X
|
X
|
X
| |
|
(z)
|
Steps, open, necessary for access to and from
the dwelling or an accessory building, steps as access to the lot
from the street and in gardens or terraces, provided that there are
no more than 8 steps for access to and from a principal or accessory
building
|
X
|
X
|
X
| |
|
(aa)
|
Terraces, patios and outdoor fireplaces
|
X
| |||
|
(bb)
|
Trees, shrubs and flowers
|
X
|
X
|
X
| |
|
(cc)
|
Decorative fences. Decorative fences may be
located within the required front yard in residential districts provided
that the fence does not protrude any further into the front yard than
the facade of any building. Decorative fences may also be located
within the required interior side and rear yards in residential districts.
Decorative fences must be composed of a material that has the appearance
of wood; must be white; must be a picket-style, open fence; and must
be no more than four feet in height. Fences installed within the required
front yard are not subject to Village repair.
[Added 12-7-2021 by Ord. No. 935] |
X
|
X
|
X
| |
|
On a corner lot, within that part of a required
yard located within 25 feet from the point of intersection of two
street right-of-way lines abutting the lot, no obstructions as permitted
above in a front yard shall be erected, constructed, planted or maintained
having a height exceeding 30 inches, and trees planted and maintained
in such part of a lot shall not have branches lower than eight feet
above the grade at the center line of the adjacent street roadway.
| ||
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(9)
Trailers, mobile homes, tents, boats, snowmobiles
and other vehicles.
(a)
Trailers and mobile homes shall not be occupied for
dwelling or lodging purposes except in an approved mobile home park
or tourist park.
(b)
When used for recreational purposes, trailers, mobile
homes, tents, boats, snowmobiles, other recreational equipment and
vehicles not exceeding 30 feet in length, eight feet in width, or
13 feet six inches in height and open-sided hauling trailers not exceeding
14 feet in length may be stored either in an enclosed building or
on any part of the residential lot to the rear of the front or side
street building line and not within the required side yard nor within
10 feet of the rear lot line. Temporary permission may be issued by
the Police Department to the owners of the lot or to visitors of such
owners for parking and occupancy of recreational vehicles and other
recreational equipment on any part of a residential lot for a period
not to exceed one week. A one-week extension may be granted by the
Police Department. No more than two recreational vehicles or hauling
trailers or a combination thereof shall be stored on a residential
lot at any time. For purposes of this section, one or more recreational
vehicles being stored on their companion trailer shall be counted
as one recreational vehicle. Hauling trailers shall not be used for
any other purpose while being stored on the property.
[Amended by Ord. No. 734]
(c)
Trailers or mobile homes may be used as temporary
offices or storage space incidental to construction of a building
development while such construction is actively undertaken, provided
that the trailer or mobile home is located on the same or adjacent
lot as the building development.
(10)
Sewage treatment and water supply systems.
(a)
Public or community sewerage and water systems, when
Village-owned sewer or water is not available, shall be required to
serve lots having areas of less than 30,000 square feet. For lots
having 30,000 square feet or more of area, the Village Board may require
the installation of public or community sewerage and water systems,
when Village-owned sewer and water facilities are not available, after
first receiving the recommendations of the Plan Commission and conducting
a public hearing thereon.
(b)
Lots 30,000 square feet or more in area and 150 feet or more in width may be served with individual sewerage and water systems, except as regulated in Subsection (10)(a) above, or a greater minimum lot area may be required in order to comply with state, county or Village standards for installation of individual sewerage and water systems.
(c)
Lots less than 30,000 square feet in area which were
of record on the effective date of this chapter (April 8, 1964) may
be served by individual sewerage and water systems provided that there
is sufficient open area on the lot and adjoining lots for the installation
of individual sewerage and water systems conforming to standards set
forth in state, county and Village applicable statutes, ordinances
and codes. However, the Village Board, after receiving the recommendation
of the Plan Commission and thereafter conducting a public hearing
thereon, may require that such lots of less than 30,000 square feet
in area be served by public sewerage and water systems.
(19)
Special uses.
(a)
To provide for the location of special classes of
uses which are deemed desirable for the public welfare within a given
district or districts but which are potentially incompatible with
typical uses herein permitted within them, a classification of special
uses is established.
(b)
Uses as enumerated in each district are allowable special uses in such district. An application for special use permit shall be referred to the Village Board and thereafter processed in accordance with the procedure set forth in § 62.23(7)(d), Wis. Stats., and in compliance with § 17.36.
(c)
Where a building or structure and the use thereof
or use of land lawfully exists on the effective date of this chapter
(April 8, 1964) or subsequent amendments thereto and such use is classified
by this chapter as an allowable special use in the district where
it is located, an existing building or structure and the use thereof,
or the use of land where no building or structure is involved, compromising
such a special use shall be considered a lawful special use. A special
use permit issued in accordance with procedures herein set forth shall
be required only for any expansion or major alteration of such existing
legal special uses, including new buildings or structures, additions
or enlargements to existing buildings or structures or expansion of
use of land where no buildings or structures are involved.
(d)
In order to preserve the unique character and residential
density of the Greendale Center, construction, expansion or major
exterior alteration of accessory or principal buildings or structures
within such plat shall be special uses in the district where located.
(20)
Illuminated signs and lighting. No illuminated sign, yard light, aerial light, parking lot or service area light or other illumination shall be permitted or maintained in any district in this chapter unless the same complies with § 15.57 of the Building Code.
(21)
Odorous matter in all business and manufacturing zoning
districts. The following specific standards shall be used in the regulation
of odorous matter in all business and manufacturing zoning districts:
[Added 5-20-2008 by Ord. No. 839]
(a)
No nuisance condition allowed. No odorous emission
or other fugitive emission shall be allowed on any premises from any
use so as to create nuisance conditions off of the premises as determined
by the Village Director of Inspection Services. Any nuisance conditions
so created may result in a permit modification(s) to require compliance
to control the nuisance.
1.
For the purposes of this subsection, "fugitive
emissions" are defined as emissions that are not released through
a vent or stack, such as dust from stockpiles (excluding odor from
stockpiles from government-mandated or-encouraged recycling efforts);
volatilization of vapor from vats, open vessels, or spills from material
handling; emissions from ridgeline roof vents, louvers, and open doors
of a building; as well as equipment leaks and leaks from valves and
flanges.
2.
For the purposes of this subsection, "odorous
emissions" are defined as emissions, including a release of offensive
gases, fumes, and vapors into the atmosphere, which cause unreasonable
injury, detriment, nuisance, or annoyance to the public or annoyance
to any considerable number of persons, or which may endanger the comfort,
repose, health, or safety of any such person or the public, or which
may cause, or have a natural tendency to cause, injury, or damage
to business or property.
(b)
Control of emissions of odorous emissions or
other fugitive emissions. Any emission of odorous emission or other
fugitive emission shall be controlled by:
1.
Operating all contaminant-generating processes
so that odorous emission or other fugitive emission particulate matter
associated with the operation or process will be adequately controlled
and/or contained.
2.
Storing collected materials from odorous emission
and/or air pollution control equipment in a covered container or other
method equally effective in preventing the material from becoming
airborne during storage and transfer.
3.
Afterburners or catalytic incinerators (to oxidize
smoke and smell) shall be required to be used for all crematories,
coffee roasting operations, or similar processes. Coffee roasting
operations or similar processes shall be required to reach a minimum
temperature of 1,350° F.
4.
Each coffee roaster or similar device shall
be equipped with afterburners or catalytic incinerators (to oxidize
smoke and smell) which shall be capable of reducing uncontrolled emissions
of volatile organic compounds (VOCs) by a minimum of 95%.
5.
Each coffee roasting and destoning equipment
and similar processes shall be equipped with a cyclone collector(s)
capable of reducing uncontrolled emissions of particulate matter by
at least 70% by weight.
(c)
Equipment maintenance and process efficiency
for control of emissions of odorous emissions or other fugitive emissions.
1.
All air-contaminant-generating processes (such
as, but not limited to, crematories, coffee roasters, coffee destoners,
afterburners, catalytic incinerators, cyclone collectors, etc.) shall
be maintained and operated at all times at full efficiency and effectiveness
such that odorous emission, or other fugitive emission particulate
matter, or other air contaminants are removed at the maximum design
capacity of the air-contaminant generating processes.
2.
All crematories, coffee roasters, coffee destoners,
afterburners, catalytic incinerators, cyclone collectors, etc. shall
be operated and maintained according to the manufacturer's recommendations.
3.
A written operation and maintenance plan that
includes a protocol to assure that all air-contaminant-generating
processes (such as, but not limited to, crematories, coffee roasters,
afterburners, catalytic incinerators, etc.) are maintained, cleaned,
and operated at all times at full efficiency and effectiveness such
that odorous emission, or other fugitive emission particulate matter,
or other air contaminants are removed at the maximum design capacity
of the air-contaminant-generating processes shall be required by the
Village Director of Inspection Services. Said written operation and
maintenance plan shall be submitted to the Village Director of Inspection
Services within forty-five (45) days of such request being made by
the Village Director of Inspection Services.
(d)
Compliance. The Village Director of Inspection
Services may require the following:
1.
The testing of all or any crematories, coffee
roasters, coffee destoners, afterburners, catalytic incinerators,
cyclone collectors, etc. to assure compliance with Village regulations.
Said testing shall be conducted under full capacity and full operating
conditions and as deemed necessary and under the conditions directed
by the Village Director of Inspection Services. Such testing shall
be conducted by a tester which is either selected by the Village Director
of Inspection Services or a tester selected by the property owner
as may be approved by the Village Director of Inspection Services.
Such testing shall be conducted within 10 days of written notification
to the property owner by the Village. A written report of all such
testing shall be delivered to the Village Director of Inspection Services
within 10 days of the conclusion of said testing. The costs of all
such Village required testing shall be borne by the property owner
plus 5% for Village administration costs, payable in full to the Village
within 45 days of the conclusion of any such testing.
2.
The installation of additional odorous emission control(s) and/or odorous emission control system(s) modification on any premises deemed by the Village Director of Inspection Services to pose public nuisance conditions regarding odorous emissions so as to reduce nuisance conditions off of the premises and to promote the purpose and intent of the Village Zoning Code as set forth under § 17.02, Purpose and intent of the Village Zoning Code.
(1)
COLLECTOR STREET
CUL-DE-SAC
LOOP STREET
REGIONAL TRAFFIC STREET
RESIDENTIAL STREET
SERVICE DRIVE
SERVICE LANE
VILLAGE TRAFFIC STREET
Definitions. As used in this section, the following
terms shall have the meaning indicated:
A street located and designed primarily to connect a small
number of residential streets to traffic streets or to provide nonresidential
uses with access to traffic streets.
A residential street running into a dead end.
The connecting dead-end street between the ends of two residential
streets.
A state or county highway or any other street commonly used
by traffic passing through the Village.
A street located and designed primarily for vehicular access
to the fronts of residential use.
A drive paralleling a regional traffic street used to provide
front lot access without vehicular ingress to or egress from the adjacent
major traffic thoroughfares.
A lane located and designed primarily for vehicular access
to the rear or side of lots.
A Village street located and designed primarily for the movement
of vehicles from one part of the Village to another or to regional
traffic streets.
(1)
Scope of regulations. The off-street parking and off-street
loading provisions of this section shall apply as follows:
(a)
Accessory off-street parking and off-street loading
facilities shall be provided as required by the regulations of this
section for all buildings and structures erected and all uses of land
established in each district after the effective date of this chapter
(April 8, 1964). However, where a building permit has been issued
prior to such effective date, and provided that construction is begun
within six months of such effective date and diligently prosecuted
to completion, parking and loading facilities in the amounts required
for the issuance of such building permit may be provided in lieu of
any different amounts required by this chapter.
(b)
When the intensity of use of any building, structure
or premises shall be increased through the addition of dwelling units,
gross floor area, seating capacity or other units of measurement in
the amount specified in this section requiring parking or loading
facilities, such additional parking and loading facilities shall be
provided.
(c)
Whenever the existing use of a building or structure
shall hereafter be changed to a new use, parking or loading facilities
shall be provided as required for such new use. However, if the building
or structure was erected prior to the effective date of this chapter
(April 8, 1964), additional parking or loading facilities are mandatory
only in the amount by which the requirements for the new use would
exceed those for the existing use, if the latter were subject to the
parking and loading provisions of this chapter.
(2)
Existing parking facilities. Accessory off-street
parking facilities in existence on the effective date of this chapter
(April 8, 1964) shall not hereafter be reduced below, or if already
less than shall not be further reduced below, the requirements for
a similar new building or use under the provisions of this chapter.
(3)
Permitted parking and loading facilities. Nothing
in this chapter shall be deemed to prevent the voluntary establishment
of off-street parking or loading facilities to serve any existing
use of land or buildings, provided that all regulations herein governing
the location, design and operations of such facilities are adhered
to.
(4)
Damage or destruction. For any conforming or nonconforming
building or use which is in existence on the effective date of this
chapter (April 8, 1964) which subsequently thereto is damaged or destroyed
by fire, collapse, explosion or other cause and which is reconstructed,
reestablished or repaired, off-street parking or loading facilities
need not be provided, except that such parking or loading facilities
equivalent to any maintained at the time of such damage or destruction
shall be restored or continued in operation. However, it shall not
be necessary to restore or maintain parking or loading facilities
in excess of those required by this chapter for equivalent new uses
or construction.
(5)
Control of off-site parking facilities. Where parking
facilities are permitted on land other than the lot on which the building
or use served is located, such facilities shall be in the same possession
as the lot occupied by the building or use to which the parking facilities
are accessory. Such possession may be either by deed or long-term
lease, the term of such lease to be determined by the Village Board.
The owner of the land on which the parking facilities are to be located
shall be bound by covenants, filed on record in the office of the
Recorder of Deeds of Milwaukee County or Village Clerk-Treasurer of
Greendale, Wisconsin, requiring such owner or his heirs and assigns
to maintain the required number of parking facilities for the duration
of the use served or of the lease, whichever shall terminate sooner.
(6)
Off-street parking. Off-street parking facilities
for motor vehicles shall be provided in accordance with the following
regulations:
(a)
Use. Accessory off-street parking facilities required
as accessory to uses listed herein shall be solely for the parking
of passenger automobiles of patrons, occupants or employees. (When
bus transportation is provided for patrons, occupants or employees
of a specific establishment, additional open or enclosed off-street
parking spaces for each bus to be parked on the premises shall be
provided in accordance with regulations herein for access, in yards,
design and maintenance and area applicable to accommodating such buses.)
(b)
Exemption. When the application of the off-street
parking regulations specified hereinafter results in a requirement
of not more than three spaces on a single lot in any business district,
such parking spaces need not be provided. However, where two or more
uses are located on a single lot, only one of these uses shall be
eligible for the above exemption. This exemption shall not apply to
dwelling units.
(c)
Computation. When determination of the number of off-street
parking spaces required by this chapter results in a requirement of
a fractional space, any fraction of 1/2 or less may be disregarded
while a fraction in excess of 1/2 shall be counted as one parking
space.
(d)
Collective provisions. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. Further, no parking spaces or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Zoning Board of Appeals in accordance with procedures set forth in § 17.33.
(e)
Area. A required off-street parking space shall be
at least nine feet in width and at least 20 feet in length, exclusive
of access drives or aisles, ramps, columns or office or work areas.
Enclosed parking spaces shall have a vertical clearance of at least
seven feet.
(f)
Access. Each required off-street parking space shall
open directly upon an aisle or driveway of such width and design as
to provide safe and efficient means of vehicular access to such parking
space. All off-street parking facilities shall be designed with appropriate
means of vehicular access to a street or alley in a manner which shall
least interfere with traffic movement. No driveway across a public
property at the right-of-way line shall exceed 25 feet in width. A
driveway serving a one- or two-family residence shall not exceed 20
feet in width within the required front yard. An additional 10 feet
of driveway width shall be allowed for each fully enclosed parking
space in excess of two feet but only within 30 feet abutting the residence
used for maneuvering into and out of this enclosed parking space.
[Amended by Ord. No. 491]
(g)
In yards. Driveways within front yards are considered
a means of providing access to parking stalls and may be used for
overnight parking of cars or other vehicles. Vehicles may be stored
in either an enclosed building or on any part of the residential lot
to the rear of the front or side street building line but not within
the required side yard nor within 10 feet of the rear or side lot
lines within the rear yard.
(h)
Design and maintenance.
1.
Accessory parking spaces may be open to the sky or
enclosed in a building.
3.
Screening and landscaping. All open off-street parking
areas containing more than four parking spaces located less than 40
feet from the nearest property line of a lot in a residence district
shall be effectively screened on each side adjoining or fronting on
such property line by a wall or fence not less than five feet nor
more than six feet in height or densely planted compact hedge not
less than five feet in height.
4.
Lighting. Any lighting used to illuminate off-street
parking areas shall be directed away from residential properties to
not create a nuisance, and in a parking area containing four or more
parking spaces such lighting shall be extinguished 1/2 hour after
the close of business, except as may otherwise be permitted or required
by the Zoning Board of Appeals for maintaining illumination after
the time specified above.
5.
Repair and service. No motor vehicle repair work or
service of any kind shall be permitted in conjunction with any parking
facilities. No gasoline or motor oil shall be sold in conjunction
with any accessory parking facilities.
(i)
Location. All parking spaces required to serve buildings
or uses erected or established after the effective date of this chapter
(April 8, 1964) shall be located on the same lot as the building or
use served. Buildings or uses existing on the effective date which
are subsequently altered or enlarged so as to require the provision
of parking spaces under this chapter or new uses established in any
business district may be served by parking facilities located on land
other than the lot on which the building or use served is located,
provided that such facilities are within 500 feet walking distance
of the main entrance to the use served and located in a district where
off-street parking areas are listed as permitted or special uses.
(j)
Employee parking. Parking spaces required on an employee
basis shall be based on the maximum number of employees on duty or
residing on the premises at any one time.
(k)
Required spaces. The minimum number of off-street
parking spaces accessory to designated uses shall be provided as follows:
1.
Dwelling and lodging uses.
a.
Lodging houses: two parking spaces plus one
parking space for each two lodging rooms.
b.
Hotels and apartment hotels: one parking space
for each two separate lodging rooms and one parking space for each
dwelling unit.
c.
Motels: one parking space for each dwelling
unit and one parking space for each lodging room.
d.
Multiple-family dwellings: 1 1/2 parking spaces
for each dwelling unit.
e.
Single-family dwellings: one enclosed parking
space for each dwelling, but not more than five parking spaces for
each single-family dwelling and not more than two of these shall be
open spaces.
[Amended by Ord. No. 659]
f.
Two-family dwellings: one parking space, but
not more than two for each dwelling unit.
2.
School, institution, auditorium or other places of
assembly uses.
a.
Churches: one parking space for each six seats
or 120 inches of seating space in the principal sanctuary.
b.
Colleges, junior colleges and universities:
one parking space for each six students, based upon the maximum number
of students that can be accommodated in accordance with design capacity.
c.
Nursing homes, rest homes, and institutions
for the care of the aged and for children: one parking space for each
two beds, plus one parking space for each two employees and one parking
space for each doctor assigned to the staff.
d.
Gymnasiums, stadiums and grandstands: one parking
space for each four seats or for each 80 inches of seating space.
e.
Hospitals: one parking space for each two hospital
beds, plus one parking space for each two employees and one parking
space for each doctor assigned to the staff.
f.
Libraries and museums: one parking space for
each 800 square feet of floor area.
g.
Meeting halls: one parking space for each four
seats in accordance with design seating capacity.
h.
Private clubs and lodges: one parking space
for each lodging room and one parking space for each four seats in
accordance with design seating capacity of the main meeting room.
i.
Schools, commercial, trade, music, dance or
business: one parking space for each two employees, plus one space
for each four students, based on the maximum number of students that
can be accommodated in accordance with such design capacity.
j.
Schools, high, public or private: one parking
space for each seven students based on the maximum number of students
that can be accommodated in accordance with the design capacity of
the building.
k.
School and other institutional auditoriums:
one parking space for each two persons employed on the premises and
one additional parking space for each four seats or for each 80 inches
of seating space in the main auditorium or assembly hall.
l.
Schools, nursery, elementary or junior high,
public or private: one parking space for each faculty member and each
other full-time employee.
3.
Recreational uses.
a.
Bowling alleys: seven parking spaces for each
lane plus such additional spaces as may be required herein for affiliated
uses such as restaurants and the like.
b.
Health salons, swimming pools and skating rinks:
one parking space for each three persons, based upon the maximum number
of persons that can be accommodated at the same time in accordance
with such design capacity, and one parking space for each two employees.
c.
Parks, recreation areas or community centers,
private, semipublic or public: one parking space for each two employees,
plus spaces in adequate number as determined by the Plan Commission
to serve the visiting public.
4.
Business, commercial and manufacturing uses.
a.
All business and commercial establishments,
except those specified hereafter: one parking space for each 300 square
feet of floor area.
b.
Automobile service stations: one parking space
for each employee, plus two for each service stall.
c.
Banks: one parking space for each 400 square
feet of floor area.
d.
Cartage, express and parcel delivery establishments:
one parking space for each employee employed on the premises and one
parking space for each vehicle maintained on the premises.
e.
Drive-in-type business establishments: reservoir
standing spaces equal in number to 15% of the number of vehicle spaces
used for serving customers.
f.
Establishments handling the sale and consumption
on the premises of food and refreshment: one parking space for each
150 square feet of floor area.
g.
Furniture and appliance stores, motor vehicle
sales, wholesale stores, for repair of household equipment or furniture:
one parking space for each 400 square feet of floor area.
h.
Manufacturing, processing, assembly, disassembly,
cleaning, servicing, testing or repairing of materials, goods or products:
one parking space for each two employees or for each 600 square feet
of floor area, whichever requires the greater number of parking spaces.
i.
Office, private, public or institutional: one
parking space for each two persons employed based upon the designed
maximum employee capacity of the building, except for a suite of rooms
as required herein for medical and dental clinics shall apply.
j.
Medical and dental clinics: three parking spaces
for each examining and treatment room, plus one parking space for
each doctor and employee in the building.
k.
Theaters: one parking space for each four seats
up to 400 seats, plus one parking space for each six seats over 400.
l.
Undertaking establishments and funeral parlors:
eight parking spaces for each chapel or parlor, plus one parking space
for each funeral vehicle maintained on the premises.
m.
Warehouse, storage, wholesale and mail order
establishments: one parking space for each employee and one parking
space for each vehicle maintained on the premises.
5.
Miscellaneous uses.
a.
Planned developments: the number of parking
spaces in accordance with the required spaces for each individual
use.
b.
Public utility and governmental service uses:
one parking space for each two employees, plus spaces in adequate
number as determined by the Plan Commission to serve the visiting
public.
6.
Other uses. Parking spaces for other permitted or
special uses not listed above shall be provided in accordance with
requirements designated by the Plan Commission.
7.
Off-street loading. Off street loading berths accessory
to designated uses shall be provided as follows:
a.
Location. All required loading berths shall
be located on the same lot as the use served. All motor vehicle loading
berths which abut a residence district or intervening alley separating
a residence district from a business, office-research or manufacturing
district shall be completely screened therefrom by building walls
or a uniformly painted solid fence, wall or door or any combination
thereof not less than eight feet in height. No permitted or required
loading berth shall be located within 40 feet of the nearest point
of intersection of any two streets. No loading berth shall be located
in a required front or side yard, and any loading space located in
a required rear yard shall be open to the sky.
b.
Area. Unless otherwise specified, a required
off-street loading berth shall be at least 12 feet in width by at
least 35 feet in length, exclusive of aisle and maneuvering space,
and shall have a vertical clearance of at least 14 feet.
c.
Access. Each required off-street loading berth
shall be designed with appropriate means of vehicular access to a
street or alley in a manner which shall least interfere with traffic
movement.
d.
Surfacing. All open off-street loading berths
shall be improved with a compacted base and a permanent wearing surface
as approved by the Village Manager.
e.
Repair and service. No motor vehicle repair
work or service of any kind shall be permitted in conjunction with
loading facilities.
f.
Utilization. Spaces allocated to any off-street
loading berth shall not, while so allocated, be used to satisfy the
space requirements for any off-street parking facilities or portions
thereof.
g.
Minimum facilities. Uses for which off-street
loading facilities are required herein but which are located in buildings
of less floor area than the minimum prescribed for such required facilities
shall be provided with adequate receiving facilities, accessible by
motor vehicle, off any adjacent alley, service drive, or open space
on the same lot.
h.
Nonresidential. The minimum number of off-street
loading berths accessory to nonresidential uses in residence districts
and in business and office-research districts for such uses that are
also permitted or special uses in residence districts shall be as
follows: one loading berth for buildings containing 10,000 to 40,000
square feet of gross floor area, plus one additional loading berth
for each additional 40,000 square feet of gross area or fraction thereof.
Such additional loading berths shall be at least 12 feet wide by 50
feet in length.
i.
Minimum number. The minimum number of off-street
loading berths accessory to uses in the business, office-research
and manufacturing districts shall be in accordance with the following
schedule:
|
Floor Area of Establishment
(square feet)
|
Required Number
|
Minimum Size
(feet)
|
Minimum Vertical Clearance
(feet)
|
|---|---|---|---|
|
5,000 to 10,000
|
1
|
10 x 35
|
12
|
|
10,000 to 25,000
|
2
|
10 x 35 each
|
12
|
|
25,000 to 40,000
|
2
|
12 x 50 each
|
14
|
|
40,000 to 100,000
|
3
|
12 x 50 each
|
14
|
|
For each additional 100,000 square feet of gross
floor area or fraction thereof over 100,000 square feet of gross floor
area, one additional loading berth. Such additional loading berth
shall be at least 12 feet in width by 50 feet in length.
|
[Added 12-12-2017 by Ord.
No. 890]
(1)
Statutory authorization, finding of fact, statement of purpose, title
and general provisions.
(a)
Statutory authorization. This section is adopted pursuant to
the authorization in §§ 61.35 and 62.23, Wis. Stats.,
for villages and cities; §§ 59.69, 59.692, and 59.694,
Wis. Stats., for counties; and the requirements in § 87.30,
Wis. Stats.
(b)
Finding of fact. Uncontrolled development and use of the floodplains
and rivers of this municipality would impair the public health, safety,
convenience, general welfare and tax base.
(c)
Statement of purpose. This section is intended to regulate floodplain
development to:
1.
Protect life, health and property;
2.
Minimize expenditures of public funds for flood control projects;
3.
Minimize rescue and relief efforts undertaken at the expense
of the taxpayers;
4.
Minimize business interruptions and other economic disruptions;
5.
Minimize damage to public facilities in the floodplain;
6.
Minimize the occurrence of future flood blight areas in the
floodplain;
7.
Discourage the victimization of unwary land and homebuyers;
8.
Prevent increases in flood heights that could increase flood
damage and result in conflicts between property owners; and
9.
Discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain.
(d)
Title. This section shall be known as the "Floodplain Zoning
Ordinance for Village of Greendale, Wisconsin."
(e)
General provisions.
1.
Areas to be regulated. This section regulates all areas that
would be covered by the regional flood or base flood as shown on the
Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base
flood elevations are derived from the flood profiles in the Flood
Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on
the FIRM. Other regulatory zones are displayed as A and AO Zones.
Regional flood elevations (RFE) may be derived from other studies.
If more than one map or revision is referenced, the most restrictive
information shall apply.
2.
Official maps and revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the letter of map change process [see Subsection (8), Amendments] before it is effective. No changes to RFEs on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file at the Village Hall in the Village of Greendale. If more than one map or revision is referenced, the most restrictive information shall apply.
a.
Official maps, based on the FIS:
1)
Flood Insurance Rate Map (FIRM), Panel Nos. 55079C0134E, 55079C0142E,
55079C0153E, 55079C0154E, 55079C0161E, 55079C0162E, dated September
26, 2008; with corresponding profiles that are based on the Flood
Insurance Study (FIS) dated September 26, 2008. Approved by: The DNR
and FEMA.
b.
Official maps, based on other studies. Any maps referenced in
this section must be approved by the DNR and be more restrictive than
those based on the FIS at the site of the proposed development.
1)
Letter of Map Revision - Case No. 17-05-5076P, effective date
January 19, 2018 (revision to Panel No. 55079C0161E).
3.
Establishment of floodplain zoning districts. The regional floodplain
areas are divided into three districts as follows:
a.
The Floodway District (FW) is the channel of a river or stream
and those portions of the floodplain adjoining the channel required
to carry the regional floodwaters and are contained within AE Zones
as shown on the FIRM.
b.
The Floodfringe District (FF) is that portion between the regional
flood limits and the floodway and displayed as AE Zones on the FIRM.
c.
The General Floodplain District (GFP) is those areas that may
be covered by floodwater during the regional flood and does not have
a BFE or floodway boundary determined, including A, AH and AO Zones
on the FIRM.
4.
Locating floodplain boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in Subsection (1)(e)4a or b below. If a significant difference exists, the map shall be amended according to Subsection (8), Amendments. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to Subsection (7)(c)3, and the criteria in Subsection (1)(e)4a below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Subsection (8), Amendments.
a.
If flood profiles exist, the map scale and the profile elevations
shall determine the district boundary. The regional or base flood
elevations shall govern if there are any discrepancies.
b.
Where flood profiles do not exist for projects, the location
of the boundary shall be determined by the map scale.
5.
Removal of lands from floodplain. Compliance with the provisions of this section shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Subsection (8), Amendments.
6.
Compliance. Any development or use within the areas regulated
by this section shall be in compliance with the terms of this section,
and other applicable local, state, and federal regulations.
7.
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this section and obtain all necessary permits State
agencies are required to comply if § 13.48(13), Wis. Stats.,
applies. The construction, reconstruction, maintenance and repair
of state highways and bridges by the Wisconsin Department of Transportation
is exempt when § 30.2022, Wis. Stats., applies.
8.
Abrogation and greater restrictions.
a.
This section supersedes all the provisions of any municipal
zoning ordinance enacted under §§ 59.69, 59.692 or
59.694 for counties; § 62.23 for cities; § 61.35
for villages; or § 87.30, Wis. Stats., which relate to floodplains.
A more restrictive ordinance shall continue in full force and effect
to the extent of the greater restrictions, but not otherwise.
b.
This section is not intended to repeal, abrogate or impair any
existing deed restrictions, covenants or easements. If this section
imposes greater restrictions, the provisions of this section shall
prevail.
9.
Interpretation. In their interpretation and application, the
provisions of this section are the minimum requirements liberally
construed in favor of the governing body and are not a limitation
on or repeal of any other powers granted by the Wisconsin Statutes.
If a provision of this section, required by Ch. NR 116, Wis. Adm.
Code, is unclear, the provision shall be interpreted in light of the
standards in effect on the date of the adoption of this section or
in effect on the date of the most recent text amendment to this section.
10.
Warning and disclaimer of liability. The flood protection standards
in this section are based on engineering experience and research.
Larger floods may occur or the flood height may be increased by man-made
or natural causes. This section does not imply or guarantee that nonfloodplain
areas or permitted floodplain uses will be free from flooding and
flood damages. This section does not create liability on the part
of, or a cause of action against, the municipality or any officer
or employee thereof for any flood damage that may result from reliance
on this section.
11.
Severability. Should any portion of this section be declared
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this section shall not be affected.
12.
Annexed areas for cities and villages. The Milwaukee County
floodplain zoning provisions in effect on the date of annexation shall
remain in effect and shall be enforced by the municipality for all
annexed areas until the municipality adopts and enforces an ordinance
which meets the requirements of Ch. NR 116, Wis. Adm. Code and 44
CFR 59-72, National Flood Insurance Program (NFIP). These annexed
lands are described on the municipality's official zoning map. County
floodplain zoning provisions are incorporated by reference for the
purpose of administering this section and are on file in the office
of the municipal zoning administrator. All plats or maps of annexation
shall show the regional flood elevation and the floodway location.
(2)
General standards applicable to all floodplain districts. The community
shall review all permit applications to determine whether proposed
building sites will be reasonably safe from flooding. If a proposed
building site is in a flood-prone area, all new construction and substantial
improvements shall be designed and anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads; be constructed with flood-resistant materials;
be constructed to minimize flood damages and to ensure that utility
and mechanical equipment is designed and/or located so as to prevent
water from entering or accumulating within the equipment during conditions
of flooding. Subdivisions shall be reviewed for compliance with the
above standards. All subdivision proposals (including manufactured
home parks) shall include regional flood elevation and floodway data
for any development that meets the subdivision definition of this
section and all other requirements in Subsection (7)(a)2. Adequate
drainage shall be provided to reduce exposure to flood hazards and
all public utilities and facilities, such as sewer, gas, electrical,
and water systems are located and constructed to minimize or eliminate
flood damages.
(b)
Watercourse alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of Subsection (2)(a) must be met and the flood-carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Subsection (8), Amendments, the community shall apply for a letter of map revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
(c)
Chapters 30, 31, Wis. Stats., development. Development which requires a permit from the Department, under Chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to Subsection (8), Amendments.
(d)
Public or private campgrounds. Public or private campgrounds
shall have a low flood damage potential and shall meet the following
provisions:
1.
The campground is approved by the Department of Health Services;
2.
A land use permit for the campground is issued by the zoning
administrator;
3.
The character of the river system and the campground elevation
are such that a seventy-two-hour warning of an impending flood can
be given to all campground occupants;
4.
There is an adequate flood warning procedure for the campground
that offers the minimum notice required under this section to all
persons in the campground. This procedure shall include a written
agreement between the campground owner, the municipal emergency government
coordinator and the chief law enforcement official which specifies
the flood elevation at which evacuation shall occur, personnel responsible
for monitoring flood elevations, types of warning systems to be used
and the procedures for notifying at-risk parties, and the methods
and personnel responsible for conducting the evacuation;
5.
This agreement shall be for no more than one calendar year,
at which time the agreement shall be reviewed and updated - by the
officials identified in Subsection (2)(d)4 to remain in compliance
with all applicable regulations, including those of the state Department
of Health Services and all other applicable regulations;
6.
Only camping units that are fully licensed, if required, and
ready for highway use are allowed;
7.
The camping units shall not occupy any site in the campground
for more than 180 consecutive days, at which time the camping unit
must be removed from the floodplain for a minimum of 24 hours;
8.
All camping units that remain on site for more than 30 days
shall be issued a limited authorization by the campground operator,
a written copy of which is kept on file at the campground. Such authorization
shall allow placement of a camping unit for a period not to exceed
180 days and shall ensure compliance with all the provisions of this
section;
9.
The municipality shall monitor the limited authorizations issued
by the campground operator to assure compliance with the terms of
this section;
11.
The campground shall have signs clearly posted at all entrances
warning of the flood hazard and the procedures for evacuation when
a flood warning is issued; and
12.
All service facilities, including but not limited to refuse
collection, electrical service, gas lines, propane tanks, sewage systems
and wells shall be property anchored and placed at or floodproofed
to the flood protection elevation.
(3)
Floodway District (FW).
(a)
Applicability. This subsection applies to all floodway areas on the floodplain zoning maps and those identified pursuant to Subsection (5)(d).
(b)
Permitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if: they are not prohibited by any other ordinance; they meet the standards in Subsection (3)(c) and (3)(d); and all permits or certificates have been issued according to Subsection (7)(a).
1.
Agricultural uses, such as: farming, outdoor plant nurseries,
horticulture, viticulture and wild crop harvesting.
2.
Nonstructural industrial and commercial uses, such as loading
areas, parking areas and airport landing strips.
3.
Nonstructural recreational uses, such as golf courses, tennis
courts, archery ranges, picnic grounds, boat ramps, swimming areas,
parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting, trap and skeet activities, hunting and fishing areas and
hiking and horseback riding trails, subject to the fill limitations
of Subsection (3)(c)4.
5.
Extraction of sand, gravel or other materials that comply with
Subsection (3)(c)4.
6.
Functionally water-dependent uses, such as docks, piers or wharves,
dams, flowage areas, culverts, navigational aids and river crossings
of transmission lines, and pipelines that comply with Chs. 30 and
31, Wis. Stats.
7.
Public utilities, streets and bridges that comply with Subsection
(3)(c)3.
(c)
Standards for developments in the floodway.
1.
General.
a.
Any development in the floodway shall comply with Subsection (2) and have a low flood damage potential.
b.
Applicants shall provide the following data to determine the effects of the proposal according to Subsection (2)(a) and (7)(a)2c.
c.
The zoning administrator shall deny the permit application if
the project will cause any increase in the flood elevations upstream
or downstream, based on the data submitted for Subsection (3)(c)1b
above.
2.
Structures. Structures accessory to permanent open space uses
or functionally dependent on a waterfront location may be allowed
by permit if the structures comply with the following criteria:
a.
Not designed for human habitation, does not have a high flood
damage potential and is constructed to minimize flood damage;
b.
Shall have a minimum of two openings on different walls having
a total net area not less than one square inch for every square foot
of enclosed area, and the bottom of all such openings being no higher
than one foot above grade. The openings shall be equipped with screens,
louvers, or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters;
c.
Must be anchored to resist flotation, collapse, and lateral
movement;
d.
Mechanical and utility equipment must be elevated or floodproofed
to or above the flood protection elevation; and
e.
It must not obstruct flow of floodwaters or cause any increase
in flood levels during the occurrence of the regional flood.
4.
Fills or deposition of materials. Fills or deposition of materials
may be allowed by permit, if:
b.
No material is deposited in navigable waters unless a permit
is issued by the Department pursuant to Ch. 30, Wis. Stats., and a
permit pursuant to § 404 of the Federal Water Pollution
Control Act, Amendments of 1972, 33 U.S.C. § 1344, has been
issued, if applicable, and all other requirements have been met;
c.
The fill or other materials will be protected against erosion
by riprap, vegetative cover, sheet piling or bulkheading; and
d.
The fill is not classified as a solid or hazardous material.
(d)
Prohibited uses. All uses not listed as permitted uses in Subsection (3)(b) are prohibited, including the following uses:
1.
Habitable structures, structures with high flood damage potential,
or those not associated with permanent open-space uses;
2.
Storing materials that are buoyant, flammable, explosive, injurious
to property, water quality, or human, animal, plant, fish or other
aquatic life;
3.
Uses not in harmony with or detrimental to uses permitted in
the adjoining districts;
4.
Any private or public sewage systems, except portable latrines
that are removed prior to flooding and systems associated with recreational
areas and Department-approved campgrounds that meet the applicable
provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code;
5.
Any public or private wells which are used to obtain potable
water, except those for recreational areas that meet the requirements
of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;
6.
Any solid or hazardous waste disposal sites;
7.
Any wastewater treatment ponds or facilities, except those permitted
under § NR 110.15(3)(b), Wis. Adm. Code; and
8.
Any sanitary sewer or water supply lines, except those to service
existing or proposed development located outside the floodway which
complies with the regulations for the floodplain area occupied.
(4)
Floodfringe District (FF).
(a)
Applicability. This subsection applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to Subsection (5)(d).
(c)
Standards for development in the floodfringe. Subsection (2)(a) shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of Subsection (6), Nonconforming uses.
1.
Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of Subsection (6), Nonconforming uses.
a.
The elevation of the lowest floor shall be at or above the flood
protection elevation on fill unless the requirements of Subsection
(4)(c)1b can be met. The fill shall be one foot or more above the
regional flood elevation extending at least 15 feet beyond the limits
of the structure.
b.
The basement or crawlway floor may be placed at the regional
flood elevation if it is dry floodproofed to the flood protection
elevation. No basement or crawlway floor is allowed below the regional
flood elevation.
c.
Contiguous dryland access shall be provided from a structure
to land outside of the floodplain, except as provided in Subsection
(4)(c)1d.
d.
In developments where existing street or sewer line elevations
make compliance with Subsection 4(c)1c impractical, the municipality
may permit new development and substantial improvements where roads
are below the regional flood elevation, if:
2.
Accessory structures or uses. Accessory structures shall be
constructed on fill with the lowest floor at or above the regional
flood elevation.
3.
Commercial uses. Any commercial structure which is erected,
altered or moved into the floodfringe shall meet the requirements
of Subsection (4)(c)1. Subject to the requirements of Subsection (4)(c)5,
storage yards, surface parking lots and other such uses may be placed
at lower elevations if an adequate warning system exists to protect
life and property.
4.
Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in Subsection (7)(e). Subject to the requirements of Subsection (4)(c)5, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
5.
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with Subsection (7)(e). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
6.
Public utilities, streets and bridges. All utilities, streets
and bridges shall be designed to be compatible with comprehensive
floodplain development plans; and
a.
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with Subsection (7)(e).
b.
Minor roads or nonessential utilities may be constructed at
lower elevations if they are designed to withstand flood forces to
the regional flood elevation.
7.
Sewage systems. All sewage disposal systems shall be designed
to minimize or eliminate infiltration of floodwater into the system,
pursuant to Subsection (7)(e)3, to the flood protection elevation
and meet the provisions of all local ordinances and Ch. SPS 383, Wis.
Adm. Code.
8.
Wells. All wells shall be designed to minimize or eliminate
infiltration of floodwaters into the system, pursuant to Subsection
(7)(e)3, to the flood protection elevation and shall meet the provisions
of Chs. NR 811 and NR 812, Wis. Adm. Code.
9.
Solid waste disposal sites. Disposal of solid or hazardous waste
is prohibited in floodfringe areas.
10.
Deposition of materials. Any deposited material must meet all
the provisions of this section.
11.
Manufactured homes.
a.
Owners or operators of all manufactured home parks and subdivisions
shall provide adequate surface drainage to minimize flood damage,
and prepare, secure approval and file an evacuation plan, indicating
vehicular access and escape routes, with local emergency management
authorities.
c.
Outside of existing manufactured home parks, including new manufactured
home parks and all single units outside of existing parks, all new,
replacement and substantially improved manufactured homes shall meet
the residential development standards for the floodfringe in Subsection
(4)(c)1.
12.
Mobile recreational vehicles. All mobile recreational vehicles
that are on site for 180 consecutive days or more or are not fully
licensed and ready for highway use shall meet the elevation and anchoring
requirements in Subsection (4)(c)11b and c. A mobile recreational
vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick-disconnect utilities
and security devices and has no permanently attached additions.
(5)
General Floodplain District (GFP).
(a)
Applicability. The provisions for this district shall apply
to all floodplains mapped as A, AO or AH Zones.
(b)
Permitted uses. Pursuant to Subsection (5)(d), it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway [Subsection (3)(b)] and Floodfringe [Subsection (4)(b)] Districts are allowed within the General Floodplain District, according to the standards of Subsection (5)(c), provided that all permits or certificates required under Subsection (7)(a) have been issued.
(c)
Standards for development in the General Floodplain District. Subsection (3) applies to floodway areas, Subsection (4) applies to floodfringe areas. The rest of this section applies to either district.
(d)
Determining floodway and floodfringe limits. Upon receiving
an application for development within the general floodplain district,
the zoning administrator shall:
1.
Require the applicant to submit two copies of an aerial photograph
or a plan which shows the proposed development with respect to the
general floodplain district limits, stream channel, and existing floodplain
developments, along with a legal description of the property, fill
limits and elevations, building floor elevations and floodproofing
measures; and the flood zone as shown on the FIRM.
2.
Require the applicant to furnish any of the following information
deemed necessary by the Department to evaluate the effects of the
proposal upon flood height and flood flows, regional flood elevation
and to determine floodway boundaries.
a.
A hydrologic and hydraulic study as specified in Subsection
(7)(a)2c.
b.
Plan (surface view) showing elevations or contours of the ground;
pertinent structure, fill or storage elevations; size, location and
layout of all proposed and existing structures on the site; location
and elevations of streets, water supply, and sanitary facilities;
soil types and other pertinent information;
c.
Specifications for building construction and materials, floodproofing,
filling, dredging, channel improvement, storage, water supply and
sanitary facilities.
(6)
Nonconforming uses.
(a)
General.
1.
Applicability. If these standards conform with § 87.30,
Wis. Stats., and § NR 116.15, Wis. Adm. Code, and 44 CFR
59-72, they shall apply to all modifications or additions to any nonconforming
use or structure and to the use of any structure or premises which
was lawful before the passage of this section or any amendment thereto.
2.
The existing lawful use of a structure or its accessory use
which is not in conformity with the provisions of this section may
continue subject to the following conditions:
a.
No modifications or additions to a nonconforming use or structure
shall be permitted unless they comply with this section. The words
"modification" and "addition" include, but are not limited to, any
alteration, addition, modification, structural repair, rebuilding
or replacement of any such existing use, structure or accessory structure
or use. Maintenance is not considered a modification; this includes
painting, decorating, paneling and other nonstructural components
and the maintenance, repair or replacement of existing private sewage
or water supply systems or connections to public utilities. Any costs
associated with the repair of a damaged structure are not considered
maintenance. The construction of a deck that does not exceed 200 square
feet and that is adjacent to the exterior wall of a principal structure
is not an extension, modification or addition. The roof of the structure
may extend over a portion of the deck in order to provide safe ingress
and egress to the principal structure.
b.
If a nonconforming use or the use of a nonconforming structure
is discontinued for 12 consecutive months, it is no longer permitted
and any future use of the property, and any structure or building
thereon, shall conform to the applicable requirements of this section.
c.
The municipality shall keep a record which lists all nonconforming
uses and nonconforming structures, their present equalized assessed
value, the cost of all modifications or additions which have been
permitted, and the percentage of the structure's total current value
those modifications represent.
d.
No modification or addition to any nonconforming structure or
any structure with a nonconforming use, which over the life of the
structure would equal or exceed 50% of its present equalized assessed
value, shall be allowed unless the entire structure is permanently
changed to a conforming structure with a conforming use in compliance
with the applicable requirements of this section. Contiguous dry land
access must be provided for residential and commercial uses in compliance
with Subsection (4)(c)1. The costs of elevating the lowest floor of
a nonconforming building or a building with a nonconforming use to
the flood protection elevation are excluded from the 50% provisions
of this subsection.
e.
No maintenance to any nonconforming structure or any structure
with a nonconforming use, the cost of which would equal or exceed
50% of its present equalized assessed value, shall be allowed unless
the entire structure is permanently changed to a conforming structure
with a conforming use in compliance with the applicable requirements
of this section. Contiguous dry land access must be provided for residential
and commercial uses in compliance with Subsection (4)(c)1.
f.
If on a per-event basis the total value of the work being done
under Subsection (6)(a)2d and e equals or exceeds 50% of the present
equalized assessed value, the work shall not be permitted unless the
entire structure is permanently changed to a conforming structure
with a conforming use in compliance with the applicable requirements
of this section. Contiguous dry land access, must be provided for
residential and commercial uses in compliance with Subsection (4)(c)1.
g.
Except as provided in Subsection (6)(a)2h, if any nonconforming
structure or any structure with a nonconforming use is destroyed or
is substantially damaged, it cannot be replaced, reconstructed or
rebuilt unless the use and the structure meet the current section
requirements. A structure is considered substantially damaged if the
total cost to restore the structure to its predamaged condition equals
or exceeds 50% of the structure's present equalized assessed value.
h.
For nonconforming buildings that are substantially damaged or
destroyed by a nonflood disaster, the repair or reconstruction of
any such nonconforming building shall be permitted in order to restore
it to the size and use in effect prior to the damage event, provided
that the minimum federal code requirements below are met and all required
permits have been granted prior to the start of construction.
1)
Residential structures:
a)
Shall have the lowest floor, including basement,
elevated to or above the base flood elevation using fill, pilings,
columns, posts or perimeter walls. Perimeter walls must meet the requirements
of Subsection (7)(e)2.
b)
Shall be anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy and shall be
constructed with methods and materials resistant to flood damage.
c)
Shall be constructed with electrical, heating, ventilation,
plumbing and air-conditioning equipment and other service facilities
that are designed and/or elevated so as to prevent water from entering
or accumulating within the components during conditions of flooding.
d)
In A Zones, obtain, review and utilize any flood
data available from a federal, state or other source.
e)
In AO Zones with no elevations specified, shall
have the lowest floor, including basement, meet the standards in Subsection
(5)(c)1.
f)
In AO Zones, shall have adequate drainage paths
around structures on slopes to guide floodwaters around and away from
the structure.
2)
Nonresidential structures:
a)
Shall meet the requirements of Subsection (6)(a)2h1)a)
to f).
b)
Shall either have the lowest floor, including basement,
elevated to or above the regional flood elevation; or, together with
attendant utility and sanitary facilities, shall meet the standards
in Subsection (7)(e)1 or 2.
c)
In AO Zones with no elevations specified, shall
have the lowest floor, including basement, meet the standards in Subsection
(5)(c)1.
3.
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with Subsection (3)(c)1., flood resistant materials are used, and construction practices and floodproofing methods that comply with Subsection (7)(e) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Subsection (6)(a)2h1) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and is the minimum necessary to preserve the historic character and design of the structure.
(b)
Floodway District.
1.
No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use in the Floodway
District, unless such modification or addition:
a.
Has been granted a permit or variance which meets all section
requirements;
c.
Shall not increase the obstruction to flood flows or regional
flood height;
d.
Any addition to the existing structure shall be floodproofed, pursuant to Subsection (7)(e), by means other than the use of fill, to the flood protection elevation; and
e.
If any part of the foundation below the flood protection elevation
is enclosed, the following standards shall apply:
1)
The enclosed area shall be designed by a registered architect
or engineer to allow for the efficient entry and exit of floodwaters
without human intervention. A minimum of two openings must be provided
with a minimum net area of at least one square inch for every one
square foot of the enclosed area. The lowest part of the opening can
be no more than 12 inches above the adjacent grade;
2)
The parts of the foundation located below the flood protection
elevation must be constructed of flood-resistant materials;
3)
Mechanical and utility equipment must be elevated or floodproofed
to or above the flood protection elevation; and
4)
The use must be limited to parking, building access or limited
storage.
2.
No new on-site sewage disposal system, or addition to an existing
on-site sewage disposal system, except where an addition has been
ordered by a government agency to correct a hazard to public health,
shall be allowed in the Floodway District. Any replacement, repair
or maintenance of an existing on-site sewage disposal system in a
floodway area shall meet the applicable requirements of all municipal
ordinances, Subsection (7)(e)3 and Ch. SPS 383, Wis. Adm. Code.
3.
No new well or modification to an existing well used to obtain
potable water shall be allowed in the Floodway District. Any replacement,
repair or maintenance of an existing well in the Floodway District
shall meet the applicable requirements of all municipal ordinances,
Subsection (7)(e)3 and Chs. NR 811 and NR 812, Wis. Adm. Code.
(c)
Floodfringe District.
1.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of Subsection (4)(c) except where Subsection (6)(c)2 is applicable.
2.
Where compliance with the provisions of Subsection (6)(c)1 would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in Subsection (7)(c), may grant a variance from those provisions of Subsection (6)(c)1 for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
a.
No floor is allowed below the regional flood elevation for residential
or commercial structures;
b.
Human lives are not endangered;
c.
Public facilities, such as water or sewer, shall not be installed;
d.
Flood depths shall not exceed two feet;
e.
Flood velocities shall not exceed two feet per second; and
f.
The structure shall not be used for storage of materials as
described in Subsection (4)(c)5.
3.
All new private sewage disposal systems, or addition to, replacement,
repair or maintenance of a private sewage disposal system shall meet
all the applicable provisions of all local ordinances, Subsection
(7)(e)3 and Ch. SPS 383, Wis. Adm. Code.
4.
All new wells, or addition to, replacement, repair or maintenance
of a well shall meet the applicable provisions of this section, Subsection
(7)(e)3 and Ch. NR 811 and NR 812, Wis. Adm. Code.
(7)
Administration. Where a zoning administrator, planning agency or
a board of adjustment/appeals has already been appointed to administer
a zoning ordinance adopted under §§ 59.69, 59.692 or
62.23(7), Wis. Stats., these officials shall also administer this
section.
(a)
Zoning administrator.
1.
Duties and powers. The zoning administrator is authorized to
administer this section and shall have the following duties and powers:
a.
Advise applicants of the section provisions, assist in preparing
permit applications and appeals, and assure that the regional flood
elevation for the proposed development is shown on all permit applications.
b.
Issue permits and inspect properties for compliance with provisions
of this section and issue certificates of compliance where appropriate.
c.
Inspect and assess all damaged floodplain structures to determine
if substantial damage to the structures has occurred.
d.
Keep records of all official actions such as:
1)
All permits issued, inspections made, and work approved;
2)
Documentation of certified lowest floor and regional flood elevations;
3)
Floodproofing certificates;
4)
Water surface profiles, floodplain zoning maps and ordinances,
nonconforming uses and structures including changes, appeals, variances
and amendments;
5)
All substantial damage assessment reports for floodplain structures;
6)
List of nonconforming structures and uses.
e.
Submit copies of the following items to the Department Regional
office:
1)
Within 10 days of the decision, a copy of any decisions on variances,
appeals for map or text interpretations, and map or text amendments;
2)
Copies of case-by-case analyses and other required information
including an annual summary of floodplain zoning actions taken;
3)
Copies of substantial damage assessments performed and all related
correspondence concerning the assessments.
f.
Investigate, prepare reports, and report violations of this
section to the municipal zoning agency and attorney for prosecution.
Copies of the reports shall also be sent to the Department Regional
office.
g.
Submit copies of amendments to the FEMA Regional office.
2.
Land use permit. A land use permit shall be obtained before
any new development; repair, modification or addition to an existing
structure; or change in the use of a building or structure, including
sewer and water facilities, may be initiated. Application to the zoning
administrator shall include:
b.
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
1)
Location, dimensions, area and elevation of the lot;
2)
Location of the ordinary high water mark of any abutting navigable
waterways;
3)
Location of any structures with distances measured from the
lot lines and street center lines;
4)
Location of any existing or proposed on-site sewage systems
or private water supply systems;
5)
Location and elevation of existing or future access roads;
6)
Location of floodplain and floodway limits as determined from
the official floodplain zoning maps;
7)
The elevation of the lowest floor of proposed buildings and
any fill using the vertical datum from the adopted study — either
National Geodetic Vertical Datum (NGVD) or North American Vertical
Datum (NAVD);
c.
Hydraulic and hydrologic studies to analyze development. All
hydraulic and hydrologic studies shall be completed under the direct
supervision of a professional engineer registered in the state. The
study contractor shall be responsible for the technical adequacy of
the study. All studies shall be reviewed and approved by the Department.
1)
Zone A floodplains:
a)
Hydrology.
i.
The appropriate method shall be based on the standards
in § NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis:
Determination of Regional Flood Discharge.
b)
Hydraulic modeling.
The regional flood elevation shall be based on the standards in § NR
116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of
Regional Flood Elevation, and the following:
i.
Determination of the required limits of the hydraulic
model shall be based on detailed study information for downstream
structures (dam, bridge, culvert) to determine adequate starting WSEL
for the study.
ii.
Channel sections must be surveyed.
iii.
Minimum four foot contour data in the overbanks
shall be used for the development of cross section overbank and floodplain
mapping.
iv.
A maximum distance of 500 feet between cross sections
is allowed in developed areas with additional intermediate cross sections
required at transitions in channel bottom slope including a survey
of the channel at each location.
v.
The most current version of HEC_RAS shall be used.
vi.
A survey of bridge and culvert openings and the
top of road is required at each structure.
vii.
Additional cross sections are required at the
downstream and upstream limits of the proposed development and any
necessary intermediate locations based on the length of the reach
if greater than 500 feet.
viii.
Standard accepted engineering practices shall
be used when assigning parameters for the base model such as flow,
Manning's N values, expansion and contraction coefficients or effective
flow limits. The base model shall be calibrated to past flooding data
such as high water marks to determine the reasonableness of the model
results. If no historical data is available, adequate justification
shall be provided for any parameters outside standard accepted engineering
practices.
ix.
The model must extend past the upstream limit of
the difference in the existing and proposed flood profiles in order
to provide a tie-in to existing studies. The height difference between
the proposed flood profile and the existing study profiles shall be
no more than 0.00 feet.
c)
Mapping. A work map
of the reach studied shall be provided, showing all cross section
locations, floodway/floodplain limits based on best available topographic
data, geographic limits of the proposed development and whether the
proposed development is located in the floodway.
i.
If the proposed development is located outside of
the floodway, then it is determined to have no impact on the regional
flood elevation.
ii.
If any part of the proposed development is in the
floodway, it must be added to the base model to show the difference
between existing and proposed conditions. The study must ensure that
all coefficients remain the same as in the existing model, unless
adequate justification based on standard accepted engineering practices
is provided.
2)
Zone AE floodplains.
a)
Hydrology. If the proposed hydrology will change
the existing study, the appropriate method to be used shall be based
on § NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis:
Determination of Regional Flood Discharge.
b)
Hydraulic model. The
regional flood elevation shall be based on the standards in § NR
116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of
Regional Flood Elevation, and the following:
i.
Duplicate Effective Model. The Effective Model shall
be reproduced to ensure correct transference of the model data and
to allow integration of the revised data to provide a continuous FIS
model upstream and downstream of the revised reach. If data from the
Effective Model is available, models shall be generated that duplicate
the FIS profiles and the elevations shown in the Floodway Data Table
in the FIS report to within 0.1 foot.
ii.
Corrected Effective Model. The Corrected Effective
Model shall not include any man-made physical changes since the Effective
Model date, but shall import the model into the most current version
of HEC-RAS for Department review.
iii.
Existing (Pre-Project Conditions) Model. The Existing
Model shall be required to support conclusions about the actual impacts
of the project associated with the Revised (Post-Project) Model or
to establish more up-to-date models on which to base the Revised (Post-Project)
Model.
iv.
Revised (Post-Project Conditions) Model. The Revised
(Post-Project Conditions) Model shall incorporate the Existing Model
and any proposed changes to the topography caused by the proposed
development. This model shall reflect proposed conditions.
v.
All changes to the Duplicate Effective Model and
subsequent models must be supported by certified topographic information,
bridge plans, construction plans and survey notes.
vi.
Changes to the hydraulic models shall be limited
to the stream reach for which the revision is being requested. Cross
sections upstream and downstream of the revised reach shall be identical
to those in the Effective Model and result in water surface elevations
and topwidths computed by the revised models matching those in the
effective models upstream and downstream of the revised reach as required.
The Effective Model shall not be truncated.
c)
Mapping. Maps and associated
engineering data shall be submitted to the Department for review which
meet the following conditions:
i.
Consistency between the revised hydraulic models,
the revised floodplain and floodway delineations, the revised flood
profiles, topographic work map, annotated FIRMs and/or Flood Boundary
Floodway Maps (FBFMs), construction plans, bridge plans.
ii.
Certified topographic map of suitable scale, contour
interval, and a planimetric map showing the applicable items. If a
digital version of the map is available, it may be submitted in order
that the FIRM may be more easily revised.
iii.
Annotated FIRM panel showing the revised 1% and
0.2% annual chance floodplains and floodway boundaries.
iv.
If an annotated FIRM and/or FBFM and digital mapping
data (GIS or CADD) are used then all supporting documentation or metadata
must be included with the data submission along with the Universal
Transverse Mercator (UTM) projection and State Plane Coordinate System
in accordance with FEMA mapping specifications.
v.
The revised floodplain boundaries shall tie into
the effective floodplain boundaries.
vi.
All cross sections from the Effective Model shall
be labeled in accordance with the effective map and a cross section
lookup table shall be included to relate to the model input numbering
scheme.
vii.
Both the current and proposed floodways shall
be shown on the map.
viii.
The stream center line or profile baseline used
to measure stream distances in the model shall be visible on the map.
d.
Expiration. All permits issued under the authority of this section
shall expire no more than 180 days after issuance. The permit may
be extended for a maximum of 180 days for good and sufficient cause.
3.
Certificate of compliance. No land shall be occupied or used,
and no building which is hereafter constructed, altered, added to,
modified, repaired, rebuilt or replaced shall be occupied until a
certificate of compliance is issued by the zoning administrator, except
where no permit is required, subject to the following provisions:
a.
The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use, conform to the provisions
of this section;
b.
Application for such certificate shall be concurrent with the
application for a permit;
c.
If all section provisions are met, the certificate of compliance
shall be issued within 10 days after written notification that the
permitted work is completed;
d.
The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of Subsection (7)(e) are met.
4.
Other permits. Prior to obtaining a floodplain development permit
the applicant must secure all necessary permits from federal, state,
and local agencies, including but not limited to those required by
the U.S. Army Corps of Engineers under § 404 of the Federal
Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.
(c)
Board of Adjustment/Appeals. The Board of Adjustment/Appeals,
created under § 59.694, Wis. Stats., for counties or § 62.23(7)(e);
Wis. Stats., for cities or villages, is hereby authorized or shall
be appointed to act for the purposes of this section. The Board shall
exercise the powers conferred by Wisconsin Statutes and adopt rules
for the conduct of business. The zoning administrator shall not be
the secretary of the Board.
1.
Powers and duties. The Board of Adjustment/Appeals shall:
a.
Appeals: hear and decide appeals where it is alleged there is
an error in any order, requirement, decision or determination made
by an administrative official in the enforcement or administration
of this section;
b.
Boundary disputes: hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map; and
c.
Variances: hear and decide, upon appeal, variances from the
section standards.
2.
Appeals to the Board.
a.
Appeals to the Board may be taken by any person aggrieved, or
by any officer or department of the municipality affected by any decision
of the zoning administrator or other administrative officer. Such
appeal shall be taken within 30 days unless otherwise provided by
the rules of the Board, by filing with the official whose decision
is in question, and with the Board, a notice of appeal specifying
the reasons for the appeal. The official whose decision is in question
shall transmit to the Board all records regarding the matter appealed.
b.
Notice and hearing for appeals including variances.
1)
Notice. The Board shall:
a)
Fix a reasonable time for the hearing;
b)
Publish adequate notice pursuant to Wisconsin Statutes,
specifying the date, time, place and subject of the hearing; and
c)
Assure that notice shall be mailed to the parties
in interest and the Department Regional office at least 10 days in
advance of the hearing.
c.
Decision. The final decision regarding the appeal or variance
application shall:
1)
Be made within a reasonable time;
2)
Be sent to the Department Regional office within 10 days of
the decision;
3)
Be a written determination signed by the chairman or secretary
of the Board;
4)
State the specific facts which are the basis for the Board's
decision;
5)
Either affirm, reverse, vary or modify the order, requirement,
decision or determination appealed, in whole or in part, dismiss the
appeal for lack of jurisdiction or grant or deny the variance application;
and
6)
Include the reasons for granting an appeal, describing the hardship
demonstrated by the applicant in the case of a variance, clearly stated
in the recorded minutes of the Board proceedings.
3.
Boundary disputes. The following procedure shall be used by
the Board in hearing disputes concerning floodplain district boundaries:
a.
If a floodplain district boundary is established by approximate
or detailed floodplain studies, the flood elevations or profiles shall
prevail in locating the boundary. If none exist, other evidence may
be examined;
b.
The person contesting the boundary location shall be given a
reasonable opportunity to present arguments and technical evidence
to the Board; and
4.
Variance.
a.
The Board may, upon appeal, grant a variance from the standards
of this section if an applicant convincingly demonstrates that:
1)
Literal enforcement of the section will cause unnecessary hardship;
2)
The hardship is due to adoption of the floodplain ordinance
and unique property conditions, not common to adjacent lots or premises.
In such case the section or map must be amended;
3)
The variance is not contrary to the public interest; and
b.
In addition to the criteria in Subsection (7)(c)4a, to qualify
for a variance under FEMA regulations, the following criteria must
be met:
1)
The variance shall not cause any increase in the regional flood
elevation;
2)
Variances can only be granted for lots that are less than one-half
acre and are contiguous to existing structures constructed below the
RFE; and
3)
Variances shall only be granted upon a showing of good and sufficient
cause, shall be the minimum relief necessary, shall not cause increased
risks to public safety or nuisances, shall not increase costs for
rescue and relief efforts and shall not be contrary to the purpose
of the section.
c.
A variance shall not:
1)
Grant, extend or increase any use prohibited in the zoning district;
2)
Be granted for a hardship based solely on an economic gain or
loss;
3)
Be granted for a hardship which is self-created;
4)
Damage the rights or property values of other persons in the
area;
5)
Allow actions without the amendments to this section or map(s) required in Subsection (8), Amendments; and
6)
Allow any alteration of an historic structure, including its
use, which would preclude its continued designation as an historic
structure.
d.
When a floodplain variance is granted the Board shall notify
the applicant in writing that it may increase risks to life and property
and flood insurance premiums could increase up to $25 per $100 of
coverage. A copy shall be maintained with the variance record.
(d)
To review appeals of permit denials.
1.
The zoning agency [Subsection (7)(b)] or Board shall review all data related to the appeal. This may include:
3.
For appeals concerning increases in regional flood elevation
the Board shall:
a.
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Subsection (8), Amendments; and
b.
Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase provided
no other reasons for denial exist.
(e)
Floodproofing standards for nonconforming structures or uses.
1.
No permit or variance shall be issued for a nonresidential structure
designed to be watertight below the regional flood elevation until
the applicant submits a plan certified by a registered professional
engineer or architect that the floodproofing measures will protect
the structure or development to the flood protection elevation and
submits a FEMA floodproofing certificate.
2.
For a structure designed to allow the entry of floodwaters,
no permit or variance shall be issued until the applicant submits
a plan either:
a.
Certified by a registered professional engineer or architect;
or
b.
Meets or exceeds the following standards:
1)
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding;
2)
The bottom of all openings shall be no higher than one foot
above grade; and
3)
Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
3.
Floodproofing measures shall be designed, as appropriate, to:
a.
Withstand flood pressures, depths, velocities, uplift and impact
forces and other regional flood factors;
b.
Protect structures to the flood protection elevation;
c.
Anchor structures to foundations to resist flotation and lateral
movement;
d.
Minimize or eliminate infiltration of floodwaters; and
e.
Minimize or eliminate discharges into floodwaters.
(8)
Amendments. Obstructions or increases may only be permitted if amendments are made to this section, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Subsection (8)(a).
(a)
In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a conditional letter of map revision from FEMA and amendments are made to this section, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Subsection (8)(a). Any such alterations must be reviewed and approved by FEMA and the DNR.
(b)
In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a conditional letter of map revision from FEMA and amendments are made to this section, the official floodplain maps, floodway lines, and water surface profiles, in accordance with Subsection (8)(a).
(c)
General. The governing body shall change or supplement the floodplain zoning district boundaries and this section in the manner outlined in Subsection (8)(b) below. Actions which require an amendment to the section and/or submittal of a letter of map change (LOMC) include, but are not limited to, the following:
1.
Any fill or floodway encroachment that obstructs flow causing
any increase in the regional flood height;
2.
Any change to the floodplain boundaries and/or watercourse alterations
on the FIRM;
3.
Any changes to any other officially adopted floodplain maps
listed in Subsection (1)(e)2b;
4.
Any floodplain fill which raises the elevation of the filled
area to a height at or above the flood protection elevation and is
contiguous to land lying outside the floodplain;
5.
Correction of discrepancies between the water surface profiles
and floodplain maps;
6.
Any upgrade to a floodplain zoning ordinance text required by
§ NR 116.05, Wis. Adm. Code, or otherwise required by law,
or for changes by the municipality; and
7.
All channel relocations and changes to the maps to alter floodway
lines or to remove an area from the floodway or the floodfringe that
is based on a base flood elevation from a FIRM requires prior approval
by FEMA.
(d)
Procedures. Section amendments may be made upon petition of any party according to the provisions of § 62.23, Wis. Stats., for cities and villages, or § 59.69, Wis. Stats., for counties. The petitions shall include all data required by Subsections (5)(d) and (7)(a)2. The land use permit shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.
1.
The proposed amendment shall be referred to the zoning agency
for a public hearing and recommendation to the governing body. The
amendment and notice of public hearing shall be submitted to the Department
Regional office for review prior to the hearing. The amendment procedure
shall comply with the provisions of § 62.23, Wis. Stats.,
for cities and villages or § 59.69, Wis. Stats., for counties.
2.
No amendments shall become effective until reviewed and approved
by the Department.
3.
All persons petitioning for a map amendment that obstructs flow
causing any increase in the regional flood height shall obtain flooding
easements or other appropriate legal arrangements from all adversely
affected property owners and notify local units of government before
the amendment can be approved by the governing body.
(9)
Enforcement and penalties. Any violation of the provisions of this
section by any person shall be unlawful and shall be referred to the
municipal attorney who shall expeditiously prosecute all such violators.
A violator shall, upon conviction, forfeit to the municipality a penalty
of not more than $50, together with a taxable cost of such action.
Each day of continued violation shall constitute a separate offense.
Every violation of this section is a public nuisance and the creation
may be enjoined and the maintenance may be abated by action at suit
of the municipality, the state, or any citizen thereof pursuant to
§ 87.30, Wis. Stats.
(10)
A ZONES
ACCESSORY STRUCTURE OR USE
AH ZONE
ALTERATION
AO ZONE
AREA OF SHALLOW FLOODING
BASE FLOOD
BASEMENT
BUILDING
BULKHEAD LINE
CAMPGROUND
CAMPING UNIT
CERTIFICATE OF COMPLIANCE
CHANNEL
CRAWLWAYS or CRAWL SPACE
DECK
DEPARTMENT
DEVELOPMENT
DRYLAND ACCESS
ENCROACHMENT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD FREQUENCY
FLOOD HAZARD BOUNDARY MAP
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(a)
(b)
(c)
(d)
FLOOD PROFILE
FLOOD PROTECTION ELEVATION
FLOOD STORAGE
FLOODFRINGE
FLOODPLAIN
FLOODPLAIN ISLAND
FLOODPLAIN MANAGEMENT
FLOODPROOFING
FLOODWAY
FREEBOARD
HABITABLE STRUCTURE
HEARING NOTICE
HIGH FLOOD DAMAGE POTENTIAL
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
INCREASE IN REGIONAL FLOOD HEIGHT
LAND USE
LOWEST ADJACENT GRADE
LOWEST FLOOR
MAINTENANCE
MANUFACTURED HOME
MOBILE RECREATIONAL VEHICLE
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING
MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING
MODEL, CORRECTED EFFECTIVE
MODEL, DUPLICATE EFFECTIVE
MODEL, EFFECTIVE
MODEL, EXISTING (PRE-PROJECT)
MODEL, REVISED (POST-PROJECT)
MUNICIPALITY or MUNICIPAL
NAVD or NORTH AMERICAN VERTICAL DATUM
NEW CONSTRUCTION
NGVD or NATIONAL GEODETIC VERTICAL DATUM
NONCONFORMING STRUCTURE
NONCONFORMING USE
OBSTRUCTION TO FLOW
OFFICIAL FLOODPLAIN ZONING MAP
OPEN SPACE USE
ORDINARY HIGHWATER MARK
PERSON
PRIVATE SEWAGE SYSTEM
PUBLIC UTILITIES
REASONABLY SAFE FROM FLOODING
REGIONAL FLOOD
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNNECESSARY HARDSHIP
VARIANCE
VIOLATION
WATER SURFACE PROFILE
WATERSHED
WELL
Definitions. Unless specifically defined, words and phrases in this
section shall have their common law meaning and shall be applied in
accordance with their common usage. Words used in the present tense
include the future, the singular number includes the plural and the
plural number includes the singular. The word "may" is permissive,
"shall" is mandatory and is not discretionary.
Those areas shown on the Official Floodplain Zoning Map which
would be inundated by the regional flood. Base flood elevations have
not been determined for Zone A. Base flood elevations have been determined
for Zone AE.
A facility, structure, building or use which is accessory
or incidental to the principal use of a property, structure or building.
See "area of shallow flooding."
An enhancement, upgrading or substantial change or modifications
other than an addition or repair to a dwelling or to electrical, plumbing,
heating, ventilating, air-conditioning and other systems within a
structure.
See "area of shallow flooding."
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with a one-percent-or-greater annual
chance of flooding to an average depth of one foot to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flood may be evident. Such flooding
is characterized by ponding or sheet flow.
The flood having a one-percent chance of being equaled or
exceeded in any given year, as published by FEMA as part of a FIS
and depicted on a FIRM.
Any enclosed area of a building having its floor subgrade,
i.e., below ground level, on all sides.
See "structure."
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
pursuant to § 30.11, Wis. Stats., and which allows limited
filling between this bulkhead line and the original ordinary high
water mark, except where such filling is prohibited by the floodway
provisions of this section.
Any parcel of land which is designed, maintained, intended
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units, or which is advertised or represented
as a camping area.
Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including but not limited to a camping
trailer, motor home, bus, van, pickup truck, or tent that is fully
licensed, if required, and ready for highway use.
A certification that the construction and the use of land
or a building, the elevation of fill or the lowest floor of a structure
is in compliance with all of the provisions of this section.
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for access to plumbing
and electrical utilities.
An unenclosed exterior structure that has no roof or sides,
but has a permeable floor which allows the infiltration of precipitation.
The Wisconsin Department of Natural Resources.
Any artificial change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or alterations
to buildings, structures or accessory structures; the repair of any
damaged structure or the improvement or renovation of any structure,
regardless of percentage of damage or improvement; the placement of
buildings or structures; subdivision layout and site preparation;
mining, dredging, filling, grading, paving, excavation or drilling
operations; the storage, deposition or extraction of materials or
equipment; and the installation, repair or removal of public or private
sewage disposal systems or water supply facilities.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
outside the floodplain, such as a road with its surface above regional
flood elevation and wide enough for wheeled rescue and relief vehicles.
Any fill, structure, equipment, use or development in the
floodway.
The federal agency that administers the National Flood Insurance
Program.
The probability of a flood occurrence which is determined
from statistical analyses. The frequency of a particular flood event
is usually expressed as occurring, on the average once in a specified
number of years or as a percent chance of occurring in any given year.
A map designating approximate flood hazard areas. Flood hazard
areas are designated as unnumbered A Zones and do not contain floodway
lines or regional flood elevations. This map forms the basis for both
the regulatory and insurance aspects of the National Flood Insurance
Program (NFIP) until superseded by a Flood Insurance Study and a Flood
Insurance Rate Map.
A map of a community on which the Federal Insurance Administration
has delineated both the floodplain and the risk premium zones applicable
to the community. This map can only be amended by the Federal Emergency
Management Agency.
A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A
Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance
Study, form the basis for both the regulatory and the insurance aspects
of the National Flood Insurance Program.
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by one of the following
conditions:
The overflow or rise of inland waters;
The rapid accumulation or runoff of surface waters from any
source;
The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan or Lake
Superior; or
The sudden increase caused by an unusually high water level
in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a seiche, or by some similarly
unusual event.
A graph or a longitudinal profile line showing the relationship
of the water surface elevation of a flood event to locations of land
surface elevations along a stream or river.
An elevation of two feet of freeboard above the water surface
profile elevation designated for the regional flood (also see: "freeboard").
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood and associated
with standing water rather than flowing water.
Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the floodfringe,
and may include other designated floodplain areas for regulatory purposes.
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
Policy and procedures to insure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
Any combination of structural provisions, changes or adjustments
to properties and structures, water and sanitary facilities and contents
of buildings subject to flooding, for the purpose of reducing or eliminating
flood damage.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
A safety factor expressed in terms of a specified number
of feet above a calculated flood level. Freeboard compensates for
any factors that cause flood heights greater than those calculated,
including ice jams, debris accumulation, wave action, obstruction
of bridge openings and floodways, the effects of watershed urbanization,
loss of flood storage areas due to development and aggregation of
the river or streambed.
Any structure or portion thereof used or designed for human
habitation.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. For appeals, a Class 1 notice, published once at least
one week (seven days) before the hearing, is required. For all zoning
ordinances and amendments, a Class 2 notice, published twice, once
each week consecutively, the last at least a week (seven days) before
the hearing. Local ordinances or bylaws may require additional notice,
exceeding these minimums.
Damage that could result from flooding that includes any
danger to life or health or any significant economic loss to a structure
or building and its contents.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is either:
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program, as determined by the
Secretary of the Interior; or by the Secretary of the Interior in
states without approved programs.
A calculated upward rise in the regional flood elevation
greater than 0.00 foot, based on a comparison of existing conditions
and proposed conditions which is directly attributable to development
in the floodplain but not attributable to manipulation of mathematical
variables such as roughness factors, expansion and contraction coefficients
and discharge.
Any nonstructural use made of unimproved or improved real
estate. (Also see "development.")
Elevation of the lowest ground surface that touches any of
the exterior walls of a building.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of 44 CFR 60.3.
The act or process of restoring to original soundness, including
redecorating, refinishing, nonstructural repairs, or the replacement
of existing fixtures, systems or equipment with equivalent fixtures,
systems or structures.
A structure transportable in one or more sections, which
is built on a permanent chassis and is designed to be used with or
without a permanent foundation when connected to required utilities.
The term "manufactured home" includes a mobile home but does not include
a "mobile recreational vehicle."
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed
to be self-propelled, carried or permanently towable by a licensed,
light-duty vehicle, is licensed for highway use if registration is
required and is designed primarily not for use as a permanent dwelling,
but as temporary living quarters for recreational, camping, travel
or seasonal use. Manufactured homes that are towed or carried onto
a parcel of land, but do not remain capable of being towed or carried,
including park model homes, do not fall within the definition of "mobile
recreational vehicles."
A parcel (or contiguous parcels) of land, divided into two
or more manufactured home lots for rent or sale.
A parcel of land, divided into two or more manufactured home
lots for rent or sale, on which the construction of facilities for
servicing the lots is completed before the effective date of this
section. At a minimum, this would include the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed. This includes installation of utilities, construction
of streets and either final site grading, or the pouring if concrete
pads.
A hydraulic engineering model that corrects any errors that
occur in the Duplicate Effective Model, adds any additional cross
sections to the Duplicate Effective Model, or incorporates more detailed
topographic information than that used in the current effective model.
A copy of the hydraulic analysis used in the effective FIS
and referred to as the Effective Model.
The hydraulic engineering model that was used to produce
the current effective Flood Insurance Study.
A modification of the Duplicate Effective Model or Corrected
Effective Model to reflect any man-made modifications that have occurred
within the floodplain since the date of the effective model but prior
to the construction of the project for which the revision is being
requested. If no modification has occurred since the date of the effective
model, then this model would be identical to the Corrected Effective
Model or Duplicate Effective Model.
A modification of the Existing or Pre-Project Conditions
Model, Duplicate Effective Model or Corrected Effective Model to reflect
revised or post-project conditions.
The county, city or village governmental units enacting,
administering and enforcing this zoning ordinance.
Elevations referenced to mean sea level datum, 1988 adjustment.
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of floodplain zoning regulations adopted by this
community and includes any subsequent improvements to such structures.
For the purpose of determining flood insurance rates, it includes
any structures for which the start of construction commenced on or
after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures.
Elevations referenced to mean sea level datum, 1929 adjustment.
An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this
section for the area of the floodplain which it occupies. (For example,
an existing residential structure in the Floodfringe District is a
conforming use. However, if the lowest floor is lower than the flood
protection elevation, the structure is nonconforming.)
An existing lawful use or accessory use of a structure or
building which is not in conformity with the provisions of this section
for the area of the floodplain which it occupies. (Such as a residence
in the floodway.)
Any development which blocks the conveyance of floodwaters
such that this development alone or together with any future development
will cause an increase in regional flood height.
That map, adopted and made part of this section, as described
in Subsection (1)(e)2, which has been approved by the Department and
FEMA.
Those uses having a relatively low flood damage potential
and not involving structures.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic.
An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
A sewage treatment and disposal system serving one structure
with a septic tank and soil absorption field located on the same parcel
as the structure. It also means an alternative sewage system approved
by the Department of Safety and Professional Services, including a
substitute for the septic tank or soil absorption field, a holding
tank, a system serving more than one structure or a system located
on a different parcel than the structure.
Those utilities using underground or overhead transmission
lines such as electric, telephone and telegraph, and distribution
and collection systems such as water, sanitary sewer and storm sewer.
Base floodwaters will not inundate the land or damage structures
to be removed from the floodplain and that any subsurface waters related
to the base flood will not damage existing or proposed buildings.
A flood determined to be representative of large floods known
to have occurred in Wisconsin. A regional flood is a flood with a
one-percent chance of being equaled or exceeded in any given year,
and if depicted on the FIRM, the RFE is equivalent to the BFE.
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit
date. The "actual start" means either the first placement of permanent
construction on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond
initial excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling, nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For an alteration, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
Any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, streambed or lake bed, including, but not limited to, roofed
and walled buildings, gas or liquid storage tanks, bridges, dams and
culverts.
Has the meaning given in § 236.02(12), Wis. Stats.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the equalized assessed value of the structure
before the damage occurred.
Any repair, reconstruction, rehabilitation, addition or improvement
of a building or structure, the cost of which equals or exceeds 50%
of the equalized assessed value of the structure before the improvement
or repair is started. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the
work performed. The term does not, however, include either any project
for the improvement of a building required to correct existing health,
sanitary or safety code violations identified by the building official
and that are the minimum necessary to assure safe living conditions;
or any alteration of an historic structure provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
Where special conditions affecting a particular property,
which were not self-created, have made strict conformity with restrictions
governing areas, setbacks, frontage, height or density unnecessarily
burdensome or unreasonable in light of the purposes of the section.
An authorization by the Board of Adjustment or Appeals for
the construction or maintenance of a building or structure in a manner
which is inconsistent with dimensional standards (not uses) contained
in the floodplain zoning ordinance.
The failure of a structure or other development to be fully
compliant with the floodplain zoning ordinance. A structure or other
development without required permits, lowest floor elevation documentation,
floodproofing certificates or required floodway encroachment calculations
is presumed to be in violation until such time as that documentation
is provided.
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating floodplain areas.
The entire region contributing runoff or surface water to
a watercourse or body of water.
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless
of its intended use.
[Added 12-12-2017 by Ord.
No. 890]
(1)
Statutory authorization, findings of fact, statement of purpose and
title.
(a)
Statutory authorization. This section is adopted pursuant to
the authorization in §§ 61.35 and 61.351 for villages
or 62.23 and 62.231 for cities and 87.30 and 59.692 and 281.31, Wis.
Stats.
(b)
Finding of fact and purpose. Uncontrolled use of the shorelands
and shoreland-wetlands and pollution of the navigable waters of the
municipality would adversely affect the public health, safety, convenience,
and general welfare and impair the tax base. The Legislature of Wisconsin
has delegated responsibility to all municipalities to:
1.
Promote the public health, safety, convenience and general welfare;
2.
Maintain the storm and floodwater storage capacity of wetlands;
3.
Prevent and control water pollution by preserving wetlands which
filter or store sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters;
4.
Protect fish, their spawning grounds, other aquatic life and
wildlife by preserving wetlands and other aquatic habitat;
5.
Prohibit certain uses detrimental to the shoreland-wetland area;
and
6.
Preserve shore cover and natural beauty by restricting the removal
of natural shoreland cover and controlling shoreland-wetland excavation,
filling and other earthmoving activities.
(2)
General provisions.
(a)
Compliance. The use of shorelands and wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this section and other applicable local, state or federal regulations. [However, see Subsection (4) of this section, for the standards applicable to nonconforming uses.] All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this section.
(b)
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this section and obtain all necessary permits. State
agencies are required to comply if § 13.48(13), Wis. Stats.,
applies. The construction, reconstruction, maintenance and repair
of state highways and bridges by the Wisconsin Department of Transportation
are exempt when § 30.2022(1), Wis. Stats., applies.
(c)
Abrogation and greater restrictions.
1.
This section supersedes all the provisions of any municipal
zoning ordinance enacted under §§ 61.35, 62.23 or 87.30,
Wis. Stats., which relate to floodplains, shorelands and shoreland-wetlands,
except that where another municipal zoning ordinance is more restrictive
than this section, that ordinance shall continue in full force and
effect to the extent of the greater restrictions, but not otherwise.
2.
This section is not intended to repeal, abrogate or impair any
existing deed restrictions, covenants or easements. However, where
this section imposes greater restrictions, the provisions of this
section shall prevail.
(d)
Interpretation. In their interpretation and application, the
provisions of this section shall be held to be minimum requirements
and shall be liberally construed in favor of the municipality and
shall not be deemed a limitation or repeal of any other powers granted
by the Wisconsin Statutes. Where a provision of this section is required
by a standard in Chapter NR 117, Wis. Adm. Code, and where the section
provision is unclear, the provision shall be interpreted in light
of the Chapter NR 117 standards in effect on the date of the adoption
of this section or in effect on the date of the most recent text amendment
to this section.
(e)
Severability. Should any portion of this section be declared
invalid or unconstitutional by a court of competent jurisdiction,
the remainder of this section shall not be affected.
(f)
Annexed and incorporated areas (Act 80). Shorelands that were
annexed after May 7, 1982, or incorporated after April 30, 1994, shall
apply the shoreland zoning standards under § 61.353(3),
Wis. Stats. (for villages), or § 62.233(3), Wis. Stats.
(for cities). The annexed and/or incorporated shorelands are described
on the municipality's official zoning map.
(3)
Shoreland-Wetland Zoning District.
(a)
Shoreland-wetland zoning maps. The following maps are hereby
adopted and made part of this section and are on file in the office
of the municipal clerk:
1.
The most recent version of the Wisconsin Wetland Inventory as
depicted on the Department of Natural Resources Surface Water Data
Viewer is made part of this section. The maps can be viewed at https://dnrmaps.wi.gov/H5/?viewer=SWDV.
2.
Flood Insurance Rate Map (FIRM) Panel Nos. 55079C0134E, 55079C0142E,
55079C0153E, 55079C0154E, 55079C0161E, and 55079C0162E, dated September
26, 2008; with corresponding profiles that are based on the Milwaukee
County Flood Insurance Study (FIS) dated September 26, 2008.
3.
Letter of Map Revision - Case No. 17-05-5076P, effective date
January 19, 2018 (revision to Panel No. 55079C0161E).
4.
United States Geological Survey Quadrangle Maps.
(b)
District boundaries.
1.
The Shoreland-Wetland Zoning District includes all wetlands
in the municipality which are five acres or more and are shown on
the most recent version of the Wisconsin Wetland Inventory as depicted
on the Department of Natural Resources Surface Water Data Viewer and
made a part of this section and which are:
a.
Within 1,000 feet of the ordinary high-water mark of navigable
lakes, ponds or flowages. Lakes, ponds or flowages in the municipality
shall be presumed to be navigable if they are shown on the United
States Geological Survey quadrangle maps or other zoning base maps
which have been incorporated by reference and made a part of this
section.
b.
Within 300 feet of the ordinary high-water mark of navigable
rivers or streams, or to the landward side of the floodplain, whichever
distance is greater. Rivers and streams shall be presumed to be navigable
if they are designated as either continuous or intermittent waterways
on the United States Geological Survey quadrangle maps or other zoning
base maps which have been incorporated by reference and made a part
of this section. Floodplain zoning maps adopted in Subsection (3)(a)2
shall be used to determine the extent of floodplain areas.
2.
Determinations of navigability and ordinary high-water mark
location shall initially be made by the zoning administrator. When
questions arise, the zoning administrator shall contact the appropriate
office of the Department for a final determination of navigability
or ordinary high-water mark.
3.
When an apparent discrepancy exists between the shoreland-wetland
district boundary shown on the official zoning maps and actual field
conditions at the time the maps were adopted, the zoning administrator
shall contact the appropriate district office of the Department to
determine if the shoreland-wetland district boundary as mapped, is
in error. If Department staff concur with the zoning administrator
that a particular area was incorrectly mapped as a wetland, the zoning
administrator shall have the authority to immediately grant or deny
a zoning permit in accordance with the regulations applicable to the
correct zoning district. In order to correct wetland mapping errors
or acknowledge exempted wetlands designated in Subsection (3)(b)4
and (3)(b)5, the zoning administrator shall be responsible for initiating
a map amendment within a reasonable period.
4.
Filled wetlands. Wetlands which are filled prior to the effective
date of the municipality's original implementation of shoreland-wetland
zoning, in a manner which affects their wetland characteristics to
the extent that the area can no longer be defined as wetland, are
not subject to this section.
5.
Wetlands landward of a bulkhead line. Wetlands located between
the original ordinary high-water mark and a bulkhead line established
prior to May 7, 1982, under § 30.11, Wis. Stats., are not
subject to this section.
(c)
Permitted uses. The following uses are permitted subject to
the provisions of Chapters 30 and 31, Wis. Stats., and the provisions
of other local, state and federal laws, if applicable:
1.
Activities and uses which do not require the issuance of a zoning
permit, provided that no wetland alteration occurs:
a.
Hiking, fishing, trapping, hunting, swimming, snowmobiling and
boating;
b.
The harvesting of wild crops, such as marsh hay, ferns, moss,
wild rice, berries, tree fruits and tree seeds, in a manner that is
not injurious to the natural reproduction of such crops;
c.
The practice of silviculture, including the planting, thinning
and harvesting of timber;
d.
The pasturing of livestock;
e.
The cultivation of agricultural crops; and
f.
The construction and maintenance of duck blinds.
2.
Uses which do not require the issuance of a zoning permit and
which may involve wetland alterations only to the extent specifically
provided below:
a.
The practice of silviculture, including limited temporary water
level stabilization measures which are necessary to alleviate abnormally
wet or dry conditions that would have an adverse impact on the conduct
of silvicultural activities if not corrected;
b.
The cultivation of cranberries, including limited wetland alterations
necessary for the purpose of growing and harvesting cranberries;
c.
The maintenance and repair of existing drainage systems to restore
preexisting levels of drainage, including the minimum amount of filling
necessary to dispose of dredged spoil, provided that the filling is
otherwise permissible and that dredged spoil is placed on existing
spoil banks where possible;
d.
The construction and maintenance of fences for the pasturing
of livestock, including limited excavating and filling necessary for
such construction or maintenance;
e.
The construction and maintenance of piers, docks, walkways,
observation decks and trail bridges built on pilings, including limited
excavating and filling necessary for such construction or maintenance;
f.
The installation and maintenance of sealed tiles for the purpose
of draining lands outside the Shoreland-Wetland Zoning District provided
that such installation or maintenance is done in a manner designed
to minimize adverse impacts upon the natural functions of the shoreland-wetland
listed in Subsection (6)(a)3 of this section; and
g.
The maintenance, repair, replacement and reconstruction of existing
highways and bridges, including limited excavating and filling necessary
for such maintenance, repair, replacement or reconstruction.
3.
Uses which are allowed upon the issuance of a permit and which
may include wetland alterations only to the extent specifically provided
below:
a.
The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under Subsection (3)(c), of this section, provided that:
1)
The road cannot, as a practical matter, be located outside the
wetland;
2)
The road is designed and constructed to minimize adverse impacts
upon the natural functions of the wetland listed in Subsection (6)(a)3
of this section;
3)
The road is designed and constructed with the minimum cross-sectional
area practical to serve the intended use;
4)
Road construction activities are carried out in the immediate
area of the roadbed only; and
5)
Any wetland alteration must be necessary for the construction
or maintenance of the road.
b.
The construction and maintenance of nonresidential buildings
provided that:
1)
The building is used solely in conjunction with a use permitted
in the Shoreland-Wetland District or for the raising of waterfowl,
minnows or other wetland or aquatic animals;
2)
The building cannot, as a practical matter, be located outside
the wetland;
3)
The building does not exceed 500 square feet in floor area;
and
4)
Only limited filling and excavating necessary to provide structural
support for the building is allowed.
c.
The establishment and development of public and private parks
and recreation areas, outdoor education areas, historic, natural and
scientific areas, game refuges and closed areas, fish and wildlife
habitat improvement projects, game bird and animal farms, wildlife
preserves and public boat launching ramps, provided that:
1)
Any private development allowed under this subsection shall
be used exclusively for the permitted purpose;
2)
Only limited filling and excavating necessary for the development
of public boat launching ramps, swimming beaches or the construction
of park shelters or similar structures is allowed;
3)
The construction and maintenance of roads necessary for the
uses permitted under this subsection are allowed only where such construction
and maintenance meets the criteria in Subsection (3)(c)3a of this
section; and
4)
Wetland alterations in game refuges and closed areas, fish and
wildlife habitat improvement projects, game bird and animal farms
and wildlife preserves shall be for the purpose of improving wildlife
habitat or to otherwise enhance wetland values.
d.
The construction and maintenance of electric and telephone transmission
lines, water and gas distribution lines and sewage collection lines
and related facilities and the construction and maintenance of railroad
lines provided that:
1)
The utility transmission and distribution facilities and railroad
lines cannot, as a practical matter, be located outside the wetland;
2)
Only limited filling or excavating necessary for such construction
or maintenance is allowed; and
3)
Such construction or maintenance is done in a manner designed
to minimize adverse impacts upon the natural functions of the wetland
listed in Subsection (6)(a)3 of this section.
(4)
Nonconforming structures and uses.
(a)
The lawful use of a building, structure or property which existed
at the time this section, or an applicable amendment to this section,
took effect and which is not in conformity with the provisions of
the section, including the routine maintenance of such a building
or structure, may be continued, subject to the following conditions.
(b)
The shoreland-wetland provisions of this section authorized
by § 61.351, Wis. Stats., shall not limit the repair, reconstruction,
renovation, remodeling or expansion of a nonconforming structure or
of any environmental control facility related to such a structure
in existence on the effective date of the shoreland-wetland provisions.
All other modifications to nonconforming structures are subject to
§ 62.23(7)(hb), Wis. Stats., Note: An ordinance may not
prohibit, or limit based on cost, the repair, maintenance, renovation,
or remodeling of a nonconforming structure.
(c)
If a nonconforming use or the use of a nonconforming structure
is discontinued for 12 consecutive months, any future use of the building,
structure or property shall conform to this section.
(d)
Any legal nonconforming use of property which does not involve
the use of a structure and which existed at the time of the adoption
or subsequent amendment of this section adopted under § 61.351
or 62.231, Wis. Stats., may be continued although such use does not
conform with the provisions of the section. However, such nonconforming
use may not be extended.
(e)
The maintenance and repair of nonconforming boathouses which
are located below the ordinary high-water mark of any navigable waters
shall comply with the requirements of § 30.121, Wis. Stats.
(f)
Uses which are nuisances under common law shall not be permitted
to continue as nonconforming uses.
(5)
Administrative provisions.
(a)
Zoning administrator. The zoning administrator shall have the
following duties and powers:
1.
Advise applicants as to the provisions of this section and assist
them in preparing permit applications and appeal forms.
2.
Issue permits and certificates of compliance and inspect properties
for compliance with this section.
3.
Keep records of all permits issued, inspections made, work approved
and other official actions.
4.
Have access to any structure or premises between the hours of
8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.
5.
Submit copies of decisions on variances, conditional use permits,
appeals for a map or text interpretation, and map or text amendments
within 10 days after they are granted or denied, to the appropriate
office of the Department.
6.
Investigate and report violations of this section to the appropriate
municipal planning agency and the district attorney, corporation counsel
or municipal attorney.
(b)
Zoning permits.
1.
When required. Unless another subsection of this section specifically
exempts certain types of development from this requirement, a zoning
permit shall be obtained from the zoning administrator before any
new development, as defined in Subsection (8)(b)6 of this section,
or any change in the use of an existing building or structure is initiated.
2.
Application. An application for a zoning permit shall be made
to the zoning administrator upon forms furnished by the municipality
and shall include, for the purpose of proper enforcement of these
regulations, the following information:
b.
Site development plan. The site development plan shall be submitted
as a part of the permit application and shall contain the following
information drawn to scale:
1)
Dimensions and area of the lot;
2)
Location of any structures with distances measured from the
lot lines and center line of all abutting streets or highways;
3)
Description of any existing or proposed on-site sewage systems
or private water supply systems;
4)
Location of the ordinary high-water mark of any abutting navigable
waterways;
5)
Boundaries of all wetlands;
6)
Existing and proposed topographic and drainage features and
vegetative cover;
7)
Location of floodplain and floodway limits on the property as
determined from floodplain zoning maps;
8)
Location of existing or future access roads; and
9)
Specifications and dimensions for areas of proposed wetland
alteration.
3.
Expiration. All permits issued under the authority of this section
shall expire 12 months from the date of issuance.
(c)
Certificates of compliance.
1.
Except where no zoning permit or conditional use permit is required,
no land shall be occupied or used, and no building which is hereafter
constructed, altered, added to, modified, rebuilt or replaced shall
be occupied, until a certificate of compliance is issued by the zoning
administrator subject to the following provisions:
a.
The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use thereof, conform to
the provisions of this section.
b.
Application for such certificate shall be concurrent with the
application for a zoning or conditional use permit.
c.
The certificate of compliance shall be issued within 10 days
after notification of the completion of the work specified in the
zoning or conditional use permit, providing the building or premises
and proposed use thereof conform with all the provisions of this section.
2.
The zoning administrator may issue a temporary certificate of
compliance for a building, premises or part thereof pursuant to rules
and regulations established by the municipal governing body.
3.
Upon written request from the owner, the zoning administrator
shall issue a certificate of compliance for any building or premises
existing at the time of section adoption, certifying, after inspection,
the extent and type of use made of the building or premises and whether
or not such use conforms to the provisions of this section.
(d)
Conditional use permits.
1.
Application. Any use listed as a conditional use in this section
shall be permitted only after an application has been submitted to
the zoning administrator and a conditional use permit has been granted
by the Board of Appeals following the procedures in Subsection (5)(h)2,
(5)(h)3 and (5)(h)4 of this section.
2.
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in Subsection (3)(c)3 of this section, the Board of Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this section as are necessary to further the purposes of this section as listed in Subsection (1)(b). Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this section.
(f)
Recording. Where a zoning permit or conditional use permit is
approved, an appropriate record shall be made by the zoning administrator
of the land use and structures permitted.
(g)
Revocation. Where the conditions of a zoning permit or conditional
use permit are violated, the permit shall be revoked by the Board
of Appeals.
(h)
Board of Appeals. The Village President shall appoint a Board
of Appeals under § 62.23(7)(e), Wis. Stats., consisting
of five members subject to confirmation by the municipal governing
body. The Board of Appeals shall adopt rules for the conduct of its
business as required by § 62.23(7)(e)3, Wis. Stats.
1.
Powers and duties. The Board of Appeals:
a.
Shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this section.
b.
Shall hear and decide applications for conditional use permits.
c.
May authorize upon appeal a variance from the dimensional standards
of this section where an applicant convincingly demonstrates:
1)
That literal enforcement of the terms of the section will result
in unnecessary hardship for the applicant.
2)
That the hardship is due to special conditions unique to the
property; and is not self-created or based solely on economic gain
or loss;
3)
That such variance is not contrary to the public interest as
expressed by the purpose of this section; and
4)
That such variance will not grant or increase any use of property
which is prohibited in the zoning district.
2.
Appeals to the Board. Appeals to the Board of Appeals may be
taken by any person aggrieved or by an officer, department, board
or bureau of the community affected by any order, requirement, decision,
or determination of the zoning administrator or other administrative
official. Such appeals shall be taken within a reasonable time, as
provided by the rules of the Board by filing with the official whose
decision is in question, and with the Board of Appeals, a notice of
appeal specifying the reasons for the appeal. The zoning administrator
or other official whose decision is in question shall transmit to
the Board all the papers constituting the record on the matter appealed.
3.
Public hearings.
a.
Before making a decision on an appeal or application, the Board
of Appeals shall, within a reasonable period of time, hold a public
hearing. The Board shall give public notice of the hearing by publishing
a Class 2 notice under Ch. 985, Wis. Stats., specifying the date,
time and place of the hearing and the matters to come before the Board.
At the public hearing, any party may present testimony in person,
by agent or by attorney.
b.
A copy of such notice shall be mailed to the parties in interest
and the appropriate office of the Department at least 10 days prior
to all public hearings on issues involving shoreland-wetland zoning.
4.
Decisions.
a.
The final disposition of an appeal or application for a conditional
use permit before the Board of Appeals shall be in the form of a written
decision, made within a reasonable time after the public hearing and
signed by the Board Chairperson. Such decision shall state the specific
facts which are the basis of the Board's determination and shall either
affirm, reverse, or modify the order, requirement, decision or determination
appealed, in whole or in part, dismiss the appeal for lack of jurisdiction
or prosecution, or grant the application for a conditional use.
b.
A copy of such decision shall be mailed to the parties in interest
and the appropriate office of the Department within 10 days after
the decision is issued.
(6)
Amending shoreland-wetland zoning regulations.
(a)
The municipal governing body may alter, supplement or change
the district boundaries and the regulations contained in this section
in accordance with the requirements of § 62.23(7)(d)2, Wis.
Stats., Ch. NR 117, Wis. Adm. Code, and the following:
1.
A copy of each proposed text or map amendment shall be submitted
to the appropriate office of the Department within five days of the
submission of the proposed amendment to the municipal planning agency.
2.
All proposed text and map amendments to the shoreland-wetland
zoning regulations shall be referred to the municipal planning agency,
and a public hearing shall be held after Class II notice as required
by § 62.23(7)(d)2, Wis. Stats. The appropriate office of
the Department shall be provided with written notice of the public
hearing at least 10 days prior to such hearing.
3.
In order to insure that this section will remain consistent
with the shoreland protection objectives of § 281.31, Wis.
Stats., the municipal governing body may not rezone a wetland in a
shoreland-wetland zoning district, or any portion thereof, where the
proposed rezoning may result in a significant adverse impact upon
any of the following wetland functions:
a.
Storm and floodwater storage capacity;
b.
Maintenance of dry season stream flow or the discharge of groundwater
to a wetland, the recharge of groundwater from a wetland to another
area or the flow of groundwater through a wetland;
c.
Filtering or storage of sediments, nutrients, heavy metals or
organic compounds that would otherwise drain into navigable waters;
d.
Shoreline protection against erosion;
e.
Fish spawning, breeding, nursery or feeding grounds;
f.
Wildlife habitat; or
g.
Areas of special recreational, scenic or scientific interest,
including scarce wetland types and habitat of endangered species.
4.
Where the Department determines that a proposed rezoning may
have a significant adverse impact upon any of the criteria listed
in Subsection (6)(a)3 of this section, the Department shall so notify
the municipality of its determination either prior to or during the
public hearing held on the proposed amendment.
5.
The appropriate office of the Department shall be provided with:
a.
A copy of the recommendation and report, if any, of the municipal
planning agency on a proposed text or map amendment, within 10 days
after the submission of those recommendations to the municipal governing
body.
b.
Written notice of the action on the proposed text or map amendment
within 10 days after the action is taken.
6.
If the Department notifies the municipal planning agency in
writing that a proposed amendment may have a significant adverse impact
upon any of the criteria listed in Subsection (6)(a)3 of this section,
that proposed amendment, if approved by the municipal governing body,
shall not become effective until more than 30 days have elapsed since
written notice of the municipal approval was mailed to the Department,
as required by Subsection (6)(a)5b of this section. If within the
thirty-day period the Department notifies the municipality that the
Department intends to adopt a superseding shoreland-wetland zoning
ordinance for the municipality as provided by §§ 62.231(6)
and 61.351(6), Wis. Stats., the proposed amendment shall not become
effective until the section adoption procedure under § 62.231(6)
or 61.351(6), Wis. Stats., is completed or otherwise terminated.
(7)
Enforcement and penalties. Any development, building or structure
or accessory building or structure constructed, altered, added to,
modified, rebuilt or replaced or any use or accessory use established
after the effective date of this section in violation of the provisions
of this section, by any person, firm, association, corporation (including
building contractors or their agents) shall be deemed a violation.
The zoning administrator shall refer violations to the municipal planning
agency and the district attorney, corporation counsel or municipal
attorney who shall prosecute such violations. Any person, firm, association,
or corporation who violates or refuses to comply with any of the provisions
of this section shall be subject to a forfeiture of not less than
$10 nor more than $1,000 per offense, together with the taxable costs
of such action. Each day of continued violation shall constitute a
separate offense. Every violation of this section is a public nuisance
and the creation thereof may be enjoined and the maintenance thereof
may be abated by action at suit of the municipality, the state, or
any citizen thereof pursuant to § 87.30(2), Wis. Stats.
(8)
Definitions.
(a)
For the purpose of administering and enforcing this section,
the terms or words used herein shall be interpreted as follows. Words
used in the present tense include the future; words in the singular
number include the plural number; words in the plural number include
the singular number. The word "shall" is mandatory, not permissive.
All distances unless otherwise specified, shall be measured horizontally.
(b)
ACCESSORY STRUCTURE OR USE
BOATHOUSE
CLASS 2 PUBLIC NOTICE
CONDITIONAL USE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
FIXED HOUSEBOAT
NAVIGABLE WATERS
1.
a.
b.
2.
ORDINARY HIGH-WATER MARK
PLANNING AGENCY
SHORELAND-WETLAND DISTRICT
SHORELANDS
UNNECESSARY HARDSHIP
VARIANCE
WETLAND ALTERATION
WETLANDS
As used in this section, the following terms shall have the
meanings indicated:
A detached subordinate structure or a use which is clearly
incidental to, and customarily found in connection with, the principal
structure or use to which it is related and which is located on the
same lot as that of the principal structure or use.
As defined in § 30.121(1), Wis. Stats., means a
permanent structure used for the storage of watercraft and associated
materials and includes all structures which are totally enclosed,
have roofs or walls or any combination of structural parts.
Publication of a public hearing notice under Chapter 985,
Wis. Stats., in a newspaper of circulation in the affected area. Publication
is required on two consecutive weeks, the last at least seven days
prior to the hearing.
A use which is permitted by this section provided that certain
conditions specified in the section are met and that a permit is granted
by the Board of Appeals or, where appropriate, the planning agency
designated by the municipal governing body.
The Wisconsin Department of Natural Resources.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or substantial
alterations to buildings, structures or accessory structures; the
placement of buildings or structures; ditching, lagooning, dredging,
filling, grading, paving, excavation or drilling operations; and the
deposition or extraction of earthen materials.
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste and thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
As defined in § 30.121(1), Wis. Stats., means a
structure not actually used for navigation which extends beyond the
ordinary high-water mark of a navigable waterway and is retained in
place either by cables to the shoreline or by anchors or spudpoles
attached to the bed of the waterway.
As defined in § 281.31(2)(d), Wis. Stats., means Lake
Superior, Lake Michigan, all natural inland lakes within Wisconsin,
and all streams, ponds, sloughs, flowages and other waters within
the territorial limits of this state, including the Wisconsin portion
of boundary waters, which are navigable under the laws of this state.
Under § 281.31(2)(m), Wis. Stats., not withstanding any
other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under § 59.692, Wis. Stats.,
and Chapter NR 117, Wis. Adm. Code, do not apply to lands adjacent
to:
Farm drainage ditches where such lands are not adjacent to a
natural navigable stream or river and such lands were not navigable
streams before ditching; and
Artificially constructed drainage ditches, ponds or stormwater
retention basins that are not hydrologically connected to a natural
navigable water body.
Wisconsin's Supreme Court has declared navigable bodies of water
that have a bed differentiated from adjacent uplands and levels or
flow sufficient to support navigation by a recreational craft of the
shallowest draft on an annually recurring basis [Muench v. Public
Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc.,
v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example,
a stream which is navigable by skiff or canoe during normal spring
high water is navigable, in fact, under the laws of this state though
it may be dry during other seasons.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic.
The municipal plan commission created under § 62.23(1),
Wis. Stats., a board of public land commissioners or a committee of
the municipality's governing body which acts on matters pertaining
to planning and zoning.
The zoning district, created in this shoreland-wetland zoning
ordinance, comprised of shorelands that are designated as wetlands
on the wetlands inventory maps which have been adopted and made a
part of this section.
Lands within the following distances from the ordinary high-water
mark of navigable waters: 1,000 feet from a lake, pond or flowage;
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with restrictions governing area, setbacks, frontage height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this section.
An authorization granted by the Board of Appeals to construct
or alter a building or structure in a manner that deviates from the
dimensional standards of this section.
Any filling, flooding, draining, dredging, ditching, tiling,
excavating, temporary water level stabilization measures or dike and
dam construction in a wetland area.
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
[Added 10-16-2018 by Ord.
No. 899]
(1)
Regulation of signs. No person shall erect or construct any sign
nor add to, enlarge, move, alter, convert or extend any sign or cause
the same to be done in the districts designated in the Zoning Code
without first obtaining a sign permit from the Director of Inspection
Services. If it is found by the Director of Inspection Services after
a review of the site of the proposed sign or the sign addition, enlargement,
movement, alteration, conversion, or extension thereof and an examination
of the application papers for a building permit, which shall include
architectural and aesthetic appeal and the nature of the signs constructed
or in the immediate neighborhood, that the sign, as constructed, added
to, enlarged, moved, altered, converted, or extended, shall not cause
a substantial depreciation in the property and rental value of the
neighborhood, a sign permit may be issued. If it is determined by
the Director of Inspection Services that the size, color and/or architectural
features of the proposed sign are so at variance with the criteria
established herein, including the regulations in the Zoning Code,
the Director of Inspection Services may refer such sign permit proposal
to the Village Board of Trustees, which shall grant an approval or
denial of the sign permit application.
(2)
Existing signs.
(a)
Signs existing on the effective date of this section which do
not conform to the provisions of this section, when removed from their
fastening or when the copy or facing thereof is altered, shall not
be re-erected or maintained unless the sign, location and erection
thereof are made to conform to the provisions of this section and
any other applicable ordinance or regulation of the Village.
(b)
Any sign now or hereafter existing which advertises a bona fide business product or service associated with the business when it was erected, but no longer does so due to business changes, shall be taken down and removed by the owner, agent or person having the beneficial use of the premises upon which such sign may be found, within 30 days after written notification of the Director of Inspection Services, and upon failure to comply with such notice, the Director of Inspection Services is hereby authorized to cause removal of such sign, and any expense incidental thereto shall be paid by the owner of the premises on which such sign is located, in accordance with the provisions of Subsection (3)(c).
(c)
Repair, maintenance, reconstruction or replacement of a sign
is permitted if, and to the extent that, § 62.23(7)(hb)
or (hc), Wis. Stats., specifically preempts local control and permits
the same.
(3)
Maintenance.
(a)
The owner of any sign shall keep it in good maintenance and
repair.
(b)
If the owner of such sign or the owner of the premises on which
such sign is erected shall fail to comply with the orders of the Director
of Inspection Services relative to the painting, repair, alteration,
maintenance or removal of said sign pursuant to written notice thereof
and within 30 days after the notice has been received, the Director
of Inspection Services shall then have the authority to proceed to
paint, repair, alter, maintain or remove said sign without further
notice to said owner.
(c)
The costs of such painting, repair, alteration, maintenance
or removal of said sign shall be billable to the owner of the property
manner to have them levied as special charges against such property,
and proper officers of the Village are authorized and directed to
enter such charges onto the tax roll.
(4)
Signs on public right-of-way. No sign shall be placed upon public
property or within the limits of any street or highway except government
signs and such signs as are necessary for the guidance or warning
of traffic or as provided by § 66.0429, Wis. Stats.
(5)
Special use. Additional sign square footage and alteration of otherwise applicable height, setback, offset or other standards of this chapter may be granted by the Village Board in its consideration and grant of the special use permit pursuant to § 17.36 of this Code. In considering this possible grant, the Village Board shall be guided by the purpose of this chapter along with the basis for approval described in § 17.36, without consideration of the content of any such signage.
(6)
Conflict of laws. In the event that § 12.04, Wis. Stats., would permit a sign that is larger than the size limitations described in this section, or would permit a sign in a location that is prohibited in this section, such sign, regardless of sign content, is allowed only for the period described in § 12.04, Wis. Stats.
