The jurisdiction of this chapter shall include
all lands and waters within the limits of the Village of Webster.
No structure, land or water shall hereafter
be used and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted or structurally
altered without a zoning permit, except minor structures, and without
full compliance with the provisions of this chapter and all other
applicable local, county and state regulations.
A.
The Village Board hereby designates the Zoning Administrator
as the official to receive, process and, following approval by the
Village Board, issue zoning permits.
[Amended 3-13-2024]
B.
Cases when a zoning permit is required:
(1)
Before any building or other structure which is the
principal permitted use is erected, moved or structurally altered
so as to change its use or increase its floor area.
(2)
Before any land use is substantially altered.
(3)
Before any building or structure is erected or substantially
altered which would be a conditional use or require a variance, regardless
of whether a principal or accessory use.
(4)
Before building an accessory structure, even though
not intended for human occupancy.
C.
The permit application shall be made to the Zoning Administrator on forms provided by the Village. Applications shall be submitted in duplicate, except that when a site plan approval under § 298-10 is required, they shall be submitted in quadruplicate. The application shall include the following information:
[Amended 3-13-2024]
(1)
Names and addresses of the applicant, owner of the
site, architect, professional engineer or contractor.
(2)
Description of the subject site by lot, block and
recorded subdivision or by metes and bounds; address of the subject
site; type of structure; existing and proposed operation or use of
the structure or site; number of employees; and the zoning district
within which the subject site lies.
(3)
Plat of survey prepared by a registered land surveyor
showing the location, boundaries, dimensions, elevations, uses and
size of the following: subject site; existing and proposed structures;
existing and proposed easements, streets and other public ways; off-street
parking, loading areas and driveways; existing highway access restrictions;
and existing and proposed street, side and rear yards. In addition,
the plat of survey shall show the location, elevation and use of any
abutting lands and their structures within 40 feet of the subject
site.
(4)
Proposed sewage disposal plan. If Village sewerage
service is not available, this plan shall be reviewed by the Village
Engineer, who shall certify, in writing, that satisfactory, adequate
and safe sewage disposal is possible on the site as proposed by the
plan in accordance with applicable local, county and state health
regulations.
(5)
Proposed water supply plan if Village water service
is not available. This plan shall be reviewed by the Village Engineer,
who shall certify, in writing, that an adequate and safe supply of
water will be provided.
(6)
Additional information as may be required by the Village Board, Zoning Administrator, Plan Commission, Village Engineer, Director of Public Works and building, plumbing or health inspectors, including all information required for site plan approval under § 298-10 of this chapter.
(7)
Fee receipt from the Village in the amount as established
by the Village Board and the fee schedule.
D.
The Zoning Administrator shall review the application
and, if the application is complete and contains all required information,
shall refer it to the Village Board.
[Amended 3-13-2024]
E.
Upon referral of the application, the Village Board
shall schedule a public hearing thereon as soon as practical, and
the Village Board shall notice said hearing as deemed appropriate.
F.
Decision; issuance of permit.
(1)
Following public hearing, necessary study and investigation
and consideration by and recommendation from the Plan Commission,
the Village Board shall render its decision in writing, and a copy
shall be made a permanent part of the Board's minutes. Such decision
shall include an accurate description of the zoning use permitted,
of the property on which permitted and any and all conditions made
applicable thereto or, if disapproved, shall indicate the reasons
for disapproval. The Village Board may impose any conditions or exemptions
necessary to minimize any burden on any persons affected by granting
the zoning permit.
[Amended 6-13-2001]
(2)
A zoning permit shall be granted or denied, in writing,
by the Village Board within 30 days or within 60 days of said date
when site plan approval or a conditional use permit is required. The
permit shall expire within 24 months unless substantial work has commenced.
Any permit issued in conflict with the provisions of this chapter
shall be null and void.
[Amended 3-13-2024]
G.
When a zoning permit does not continue in conformity
with the conditions of the original approval or where a change in
the character of the surrounding area or of the use itself causes
it to be no longer compatible with surrounding areas, or for similar
cause based upon consideration for the public welfare, the zoning
permit may be terminated by action of the Village Board following
a public hearing thereon.
[Amended 3-13-2024]
H.
Subsequent change or addition to the approved plans
or use shall first be submitted for approval to the Village Board,
and if in the opinion of the Village Board such change or addition
constitutes a substantial alteration, a public hearing before the
Board shall be required and notice thereof shall be given.
A.
Site plan approval. All applications for zoning permits
for any construction, reconstruction, expansion or conversion, except
for one- and two-family residences in the R-1 or R-2 Residential District
or the Agricultural District, shall require site plan approval by
the Village Board, Plan Commission and Zoning Administrator in accordance
with the requirements of this section.
[Amended 3-13-2024]
B.
Application. An application for any such zoning permit
shall be submitted to the Zoning Administrator in quadruplicate. The
applicant shall also submit a site plan and sufficient plans and specifications
of proposed buildings, machinery and operations to enable the Village
Board or its expert consultants to determine whether the proposed
application meets all the requirements applicable thereto in this
chapter.
[Amended 3-13-2024]
C.
Administration. The Zoning Administrator shall make
a preliminary review of the application and plans and refer them,
along with a report of his findings, to the Village Board within 10
days. The Village Board shall review the application and may refer
the application and plans to one or more expert consultants selected
by the Board to advise whether the application and plans meet all
the requirements applicable thereto in this chapter. Within 45 days
of its receipt of the application, and after review and recommendation
from the Plan Commission, the Board shall authorize the Zoning Administrator
to issue or refuse a zoning permit. The Zoning Administrator shall
then act on the permit within five days, in accordance with the recommendation
of the Board.
[Amended 3-13-2024]
D.
Requirements. In acting on any site plan, the Village
Board and Plan Commission shall consider the following:
(1)
The appropriateness of the site plan and buildings
in relation to the physical character of the site and the usage of
adjoining land areas.
(2)
The layout of the site with regard to entrances and
exits to public streets; the arrangement and improvement of interior
roadways; and the location, adequacy and improvement of areas for
parking and for loading and unloading and shall, in this connection,
satisfy itself that the traffic pattern generated by the proposed
construction or use shall be developed in a manner consistent with
the safety of residents and the community, and the applicant shall
so design the construction or use as to minimize any traffic hazard
created thereby.
(3)
The adequacy of the proposed water supply, drainage
facilities and sanitary and waste disposal.
(4)
The landscaping and appearance of the completed site.
The Village Board may require that those portions of all front, rear
and side yards not used for off-street parking shall be attractively
planted with trees, shrubs, plants or grass lawns and that the site
be effectively screened so as not to impair the value of adjacent
properties nor impair the intent or purposes of this section.
E.
Effect on municipal services. Before granting any
site approval, the Village Board may, besides obtaining advice from
consultants, secure such advice as may be deemed necessary from the
Village Engineer or other municipal officials, with special attention
to the effect of such approval upon existing municipal services and
utilities. Should additional facilities be needed, the Village Board
shall not issue final approval until it has entered into an agreement
with the applicant regarding the development of such facilities.
A.
Site suitability. No land shall be used or structure
erected where the land is held unsuitable for such use or structure
by the Village Board by reason of flooding, concentrated runoff, inadequate
drainage, adverse soil or rock formation, unfavorable topography,
low percolation rate or bearing strength, erosion susceptibility or
any other feature likely to be harmful to the health, safety, prosperity,
aesthetics and general welfare of this community. The Village Board,
and the Plan Commission, when making advisory recommendations to the
Village Board, in applying the provisions of this section, shall in
writing recite the particular facts upon which it bases its conclusion
that the land is not suitable for certain uses. The applicant shall
have an opportunity to present evidence contesting such unsuitability
if he so desires. Thereafter, the Board may affirm, modify or withdraw
its determination of unsuitability.
B.
Street frontage. All lots shall abut upon a public
street, and each lot shall have a minimum street frontage and area
as set forth in this Code.
C.
Dedicated street. No zoning permit shall be issued
for a lot which abuts a public street dedicated to only a portion
of its proposed width and located on that side thereof from which
the required dedication has not been secured.
D.
Principal structures. All principal structures shall
be located on a lot, and only one principal structure shall be located,
erected or moved onto a lot, except for planned area developments
in accordance with the provisions of this chapter.
E.
Preservation of topography. In order to protect the
property owner from possible damage due to change in the existing
grade of adjoining lands and to aid in preserving and protecting the
natural beauty and character of the landscape, no change in the existing
topography of any land shall be made which would result in increasing
any portion of the slope to a ratio greater than 11/2 horizontal to
one vertical, within a distance of 20 feet from the property line,
except with the written consent of the owner of the abutting property
and with the approval of the Village Board, or which would alter the
existing drainage or topography in any way as to adversely affect
the adjoining property. In no case shall any slope exceed the normal
angle of slippage of the material involved, and all slopes shall be
protected against erosion.
F.
Establishment of grades. Every building hereafter
erected, structurally altered or relocated shall be at a grade approved
by the Director of Public Works and Zoning Administrator as being
in satisfactory relationship with the established street grades, or
with the existing street grades where none are established, with particular
consideration for proper drainage and safe vehicular access.
[Amended 3-13-2024]
G.
Private sewer and water.
(1)
In any district where public sewerage service is not
available, the width and area of all lots shall be sufficient to permit
the use of an on-site sewage disposal system, designed in accordance
with Chapter H 65, Wisconsin Administrative Code.[1]
[1]
Editor's Note: See now Ch. SPS 385, Wis. Adm. Code.
(2)
No principal building shall be erected, structurally
altered or relocated on land which is not adequately drained at all
times by reason of adverse soil conditions, steep slopes, shallow
impermeable bedrock or periodic flooding or where the lowest floor
level is less than four feet above the highest groundwater level.
(3)
No principal building intended for human use or occupancy
shall be erected, structurally altered or relocated on a lot unless
provision is made for safe and adequate facilities for water supply
and disposal of sewage in accordance with the regulations of the Burnett
County Sanitary Code and the appropriate requirements of the Wisconsin
Administrative Code.
(4)
The Village shall not hereafter authorize a building
to be erected, structurally altered or relocated which has a private
waste disposal system unless the plans for the system have been reviewed
in accordance with the provisions of the Burnett County Sanitary Code
and a sanitary permit has been issued. Private sewage disposal systems
for dwelling units shall meet the location requirements of the Burnett
County Sanitary Code and the applicable minimum standards of the Wisconsin
Administrative Code.
(5)
Where connection is not to be made to a public water
system, no residential use shall be permitted unless provision is
made for a safe and adequate supply of drinking water located on the
premises, a permit for which has been obtained in accordance with
the provisions of the Burnett County Sanitary Code.
(6)
Planned unit developments shall be served by sewerage
facilities which meet the requirements of the Burnett County Sanitary
Code and the applicable minimum standards of the Wisconsin Administrative
Code.[2]
[2]
Editor's Note: Former Subsection H, Airport safety zones,
which immediately followed, was repealed 3-13-2024.
A.
Principal uses. Only those principal uses specified
for a district, their essential services and the following uses shall
be permitted in that district.
B.
Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review by the Plan Commission, a public hearing and approval by the Village Board pursuant to Article IV of this chapter.
[Amended 3-13-2024]
C.
Unclassified or unspecified uses. Unclassified uses
may be permitted by the Village Board, after the Plan Commission has
made a review and recommendation, provided that such uses are similar
in character to the principal uses permitted in the district.
D.
Temporary uses. Temporary uses, such as real estate
sales field offices or shelters for materials and equipment being
used in the construction of a permanent structure, may be permitted
by the Village Board.
E.
Performance standards. Performance standards listed in Article IX shall be complied with by all uses in all districts.
G.
Reduction or joint use. No lot, yard, parking area,
building area or other space shall be reduced in area or dimension
so as not to meet the provisions of this chapter. No part of any lot,
yard, parking area or other space required for a structure or use
shall be used for any other structure or use.
H.
Animal yards. Animal feed yards, animal sales yards,
commercial kennels for dogs or cats, riding academies and public stables
shall be located no closer than 200 feet to any property line, shall
provide automobile and truck egress and shall provide parking and
loading spaces so designed as to minimize traffic hazard and congestion.
Proponent shall show that odor, dust, noise and drainage shall not
constitute a nuisance or a hazard to adjoining property or uses.
I.
Salvage yards.
(1)
Requirements. No salvage yard as defined herein shall
be permitted in the village except in conformance with the standards,
rules and regulations of Wisconsin Administrative Code Chapter NR
51 and the requirements herein specified.
(2)
Application required. An application is required prior
to issuance of a conditional use permit for a salvage yard. This application
requesting village approval of a proposed salvage yard activity shall
be accompanied by:
(3)
Consideration of compatibility. In reviewing a proposal
for a salvage yard, the village shall take into consideration:
(4)
Conditions for approval. The village may set forth
conditions regarding appropriate setback and other dimensional requirements,
particularly with reference to avoiding a nuisance effect on surrounding
residential uses.
A.
Time of construction. No accessory building or structure
shall be constructed on any lot prior to the time of construction
of the principal building to which it is accessory.
B.
Percentage of required rear yard occupied. No detached
accessory building or buildings shall occupy more than 30% of the
area of the required rear yard. Any accessory building in a residential
district shall not exceed 1,200 square feet of floor area.
[Amended 3-13-2024]
C.
Height of accessory buildings in required rear and
side yards. No detached accessory building located in a required rear
or side yard shall exceed 25 feet in height.
[Amended 3-13-2024]
D.
Location in residential districts.
(1)
No accessory building in a residential district shall be erected in any yard except a rear yard or side yard, and all accessory buildings shall be located not less than six feet from all lot lines and from any other building or structure on the same lot, except as provided in Subsections E and F.
[Amended 3-13-2024]
(2)
When an accessory building is a part of the main building
or is substantially attached thereto or lies within 10 feet of an
exterior wall of the main building, the side yard and rear yard requirements
for the main building shall be applied to the accessory building.
E.
Garages in embankments in front yards. Where the mean
natural grade of a front yard is more than eight feet above the curb
level, a private garage may be erected within the front yard, provided
as follows:
F.
Commercial and industrial districts. In commercial
and industrial districts, all accessory buildings shall be located
no less than 10 feet from the rear lot line.
[Amended 6-13-2001]
A.
No person shall store firewood in the front yard on
residentially zoned property, except that firewood may be temporarily
stored in the front yard for a period of 30 days from the date of
its delivery.
B.
Firewood should be neatly stacked and may be stacked
not closer than two feet to any lot line and not higher than six feet
from grade, except adjacent to a fence, where firewood can be stacked
against the fence as high as the fence. "Fence" as used in this section
shall not include hedges and other vegetation.
C.
All brush, debris and refuse from processing of firewood
shall be promptly and properly disposed of and shall not be allowed
to remain on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of Chapter 204, Nuisances, of this Code.
E.
Not more than 15% of the side or rear yard may be
used for storage of firewood at any one time.
