A.
The Building Inspector shall cause the Village to
establish the grade level of the street or public way, storm sewer
and sanitary sewer serving such property on which construction is
proposed prior to issuing a building permit for construction of improvements
on the property.
B.
The Building Inspector shall require that all plans
submitted with the application for a building permit for the construction
of a residence or other building show the difference in elevation
between the basement floor, or foundation floor in the event there
is no basement, and the street or public way, storm sewer and sanitary
sewer serving such property and likewise the difference in elevation
between the top of the basement wall or foundation wall and such street
or public way, storm sewer and sanitary sewer.
C.
The Building Inspector shall not issue a permit for
the proposed construction unless it shall appear from the application
and the grade levels indicated thereon that the proposed construction
shall permit proper drainage by the storm sewer and sanitary sewer
and adequate serving of the property by the street or public way serving
such property at the grades established therefor.
D.
Any person who shall feel aggrieved by action of the
Building Inspector in denying a building permit on the basis of the
provisions of this section may appeal to the Board of Appeals.
A.
The Village, being an almost completely developed
community of single-family residences, wishing to preserve its character
of fine homes and generous open spaces, declares that further division
of properties within its boundaries is not in the public interest
unless an owner wishing to divide property can demonstrate to the
Village that the proposed division and development will not result
in unreasonable traffic problems or safety hazards, will impose no
impediments to the provision of municipal services, will provide adequate
access to public streets and will not be unreasonably detrimental
to neighboring properties or the Village by adversely affecting existing
structures, significantly reducing open spaces or detracting from
the aesthetic desirability of the neighborhood. Therefore, no platted
or unplatted parcel of land shall be divided except in those cases
where the owner thereof, following the platting procedures set forth
in this article, obtains the approval of the Village Board to do so.
B.
Platting procedure used in this section means submission
of:
(1)
A certified survey map meeting all the requirements
of § 236.34, Wis. Stats.
(2)
Preliminary architectural plans and site development
plans governing future use of each proposed lot, review of such submission
and recommendation by a land planning adviser, review and recommendation
by the Village Plan Commission after public hearing and approval by
the Village Board after review of the recommendation and proceedings
of the Village Plan Commission.
The Village Board or other public body or officer
of the Village having final authority thereon shall refer to the Plan
Commission for its consideration and report before final action is
taken by the Board, public body or officer the following matters:
the location and architectural design of any public building; the
location of any statue or other memorial; the location, acceptance,
extension, alteration, vacation, abandonment, change of use, sale,
acquisition of land for or lease of land for any street, alley or
other public way, park, playground, airport, area for parking vehicles
or other memorial or public grounds; the location, extension, abandonment
or authorization for any public utility, whether publicly or privately
owned; all plats of land in the Village or within the territory over
which the Village is given platting jurisdiction by Ch. 236, Wis.
Stats.; the location, character or extent or acquisition, leasing
or sale of lands for public or semipublic housing, slum clearance,
relief of congestion; and the amendment or repeal of any ordinance
adopted pursuant to § 62.23, Wis. Stats. Unless such report
is made within 30 days or such longer period as may be stipulated
by the Village Board, the Board or other public body or officer may
take final action without it.
[Amended 3-8-2005]
Fees will be as approved by the Village Board
and on file with the Village Clerk-Treasurer.
A.
No land division shall be approved by the Village
Board unless it determines that:
(1)
The proposed parcels comply with all the requirements
of this chapter.
(2)
The proposed division does not present any unreasonable
traffic problems or safety hazards.
(3)
The proposed parcels do not present any unreasonable
impediments to the provision of municipal services.
(4)
The proposed division (and the existence of structures,
assuming the unimproved parcels to be created are built in accordance
with the submitted plans) would not be unreasonably detrimental to
the neighboring properties or the Village either by:
(a)
Causing an adverse impact on existing structures
in terms of change in the balance between the mass of existing structures
and the size of the parcels on which existing structures would be
located if the division were approved, regardless of whether the proposed
division meets the minimum lot size requirements of this chapter;
or
(b)
Significantly reducing the open space characteristics
or otherwise unreasonably detracting from the aesthetic desirability
of the neighborhood involved.
B.
The resulting lots of a parcel being proposed to be
subdivided must be no smaller in square footage than required by the
applicable zoning and must be within 10% of the average size of existing
nearby lots. Lots to be measured for average are those within two
tiers of lots in all directions of the proposed subdivision. The Plan
Commission shall determine the exact lots to be utilized to determine
an average lot size.
C.
In the "B" Residence District, if two or more existing
lots or parcels are proposed to be consolidated, any new lot(s) shall
be no greater in width than 100 feet as measured at the street right-of-way.
Also, applicable side yard setback requirements shall increase three
inches for each foot such proposed lot is wider than the smaller of
the initial lots being proposed to be consolidated.
D.
[1]A land planning adviser shall be an individual retained
by the Village, who is qualified in municipal land planning matters,
to make recommendation to the Village regarding proposed lot divisions.
The retainer may be on a term or transaction basis as the Village
Board may, from time to time, determine appropriate.
[1]
Editor’s Note: Former Subsection D, requiring a three-fourths majority for Board approval of a land division which is opposed by more than 50% of property owners within 300 feet of the proposed property, was repealed 3-14-2017. This ordinance also provided for the renumbering of former Subsections E through H as Subsections D through G, respectively.
E.
No building permit shall be issued for construction on sites created in violation hereof, nor shall any permit be issued for construction on an approved divided lot which varies from the plans submitted at the time of approval for division unless the Village Board, after receiving the recommendation of the Plan Commission, shall approve such plan variance. The criteria set forth in Subsection A above shall be utilized by the Board in determining whether a plan variance shall be permitted.
F.
The provisions of this section shall not apply to
transfers of interests in land pursuant to court order, leases for
a term of not to exceed 10 years, mortgages or easements, or the sale
or exchange of parcels of land between owners of adjoining property,
if additional lots are not thereby created and the lots resulting
are not reduced below the minimum size requirements of this chapter.
G.
At the time the application for a lot division or
plan variance is filed, the applicant shall pay a fee as established
by the Village Board and filed with the Village Clerk-Treasurer.
[Amended 3-8-2005]
A.
Any development, redevelopment, renovation, remodeling,
or other physical alteration of site or structures within the Wisconsin
Department of Natural Resources (DNR) shoreland setback area shall
meet all state requirements and Village objectives as stated in the
Comprehensive Plan. Shoreland stabilization shall use compatible and
complementary materials. These restrictions are in addition to all
other applicable parts of this chapter. Where any regulatory statements
are in conflict, the more restrictive standards shall apply.
B.
All proposed projects within this area shall be subject
to professional review and recommendation to the Building Board.
A.
All proposed development, redevelopment, renovation,
remodeling, or other physical alteration of site or structures within
the Village shall be along and accessed by public rights-of-way. The
front or street side yard along a public right-of-way shall be required
to be at least 80% of the maximum width of the lot. Irregular or flag
lots are not permitted. New private streets that serve more than one
parcel are not permitted. These restrictions shall except current
nonconforming residential parcels, which may continue as a legal nonconforming
use until such time as the use changes. This restriction is in addition
to all other applicable parts of this chapter. Where any regulatory
statements are in conflict, the more restrictive standard shall apply.
B.
All driveway entrances and other openings onto streets
within the Village shall be constructed so that vehicles can enter
and exit from the lot without posing any substantial danger to themselves,
pedestrians, or vehicles traveling in abutting streets. Interference
with the free and convenient flow of traffic in abutting or surrounding
streets shall be minimized.
D.
Public street safety standards.
(1)
Street rights-of-way are designed and developed to
carry vehicular traffic and, in some cases, allow on-street parking,
provide a safe and convenient passageway for pedestrian traffic, and
serve as an important component of the Village drainage system.
(2)
Public streets shall be maintained to a minimum pavement
width of 24 feet except in special circumstance as determined by the
Village Board. In no case shall a public street have less than a twenty-two-foot
pavement width.
E.
Private street standards.
(1)
A private street shall be defined as a nonpublic roadway
serving more than one residence. Private streets shall have a minimum
pavement width corridor of 10 feet with an additional three feet on
each side which is free of any obstructions or have a minimum pavement
width corridor of 12 feet. There shall be a turnaround area of 50
by 50 feet.
(2)
The minimum pavement width corridor of a private street
shall be maintained free and clear at all times and have a vertical
clearance of at least 10 feet. No parking shall be permitted within
the minimum width corridor. The entrance to a private street from
a public street shall be flared to provide adequate space for emergency
vehicles turning onto the private street.
F.
Driveway requirements. A driveway shall be defined
as a vehicular accessway between the main building, garage, or parking
area and a common roadway. Driveways shall be hard surfaced, have
a minimum pavement width corridor of 10 feet with an additional three
feet on each side which is free of any obstructions, or have a minimum
pavement corridor of 12 feet. A driveway shall not be more than 20
feet in width in any part of the lot except for the direct path from
the garage or primary parking space to the street. Driveways cannot
be closer than two feet to a side or rear lot line where a garage
is located in a rear yard.