The jurisdiction of this chapter shall include
all lands and water within the corporate limits of the Village of
Cottage Grove.
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 full compliance with the provisions of this chapter and all other applicable local, county and state regulations. (NOTE: Petition for rezoning of a property must be in accordance with § 325-110 of this chapter.)
A.
Applications for a zoning permit shall be made on
forms furnished by the Village Administrator and shall include the
following where applicable:
(1)
Names and addresses of the applicant, owner of the
site, architect, professional engineer or contractor.
(2)
Descriptions 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;
existing and proposed street, side and rear yards. In addition, the
plat of survey shall show the locations, elevation and use of any
abutting lands and their structures within 40 feet of the subject
site. The requirements of this section may be waived by the Village
Board, provided that sufficient identification and description of
the property is submitted.
(4)
Additional information as may be required by the Plan
Commission and/or Village Board.
B.
The zoning permit applicant shall pay a fee to the
Village Treasurer equal to the amount specified in the Village Park
Fee Schedule. All zoning permit applications for undeveloped parcels
shall submit the park improvement fees based on total number of dwelling
units in accordance with the Village Park Fee Schedule. The park improvement
fee schedule shall be adjusted annually as of January 1 of each year
by the Zoning Administrator utilizing the Consumer Price Index, Midwest,
as prepared by the U.S. Bureau of Labor Statistics. In the event this
data set is no longer available, the Zoning Administrator shall utilize
the Consumer Price Index deemed most similar by the Zoning Administrator.
The base fee may be reset at the discretion of the Village Board.
[Amended 4-19-2021 by Ord. No. 04-2021]
C.
The park improvement fee shall be paid above and beyond
any fees in lieu of parkland development, if applicable.
[Amended 4-19-2021 by Ord. No. 04-2021]
D.
The collected fees shall be utilized to construct
park facilities that serve the parcel(s). The Village Board shall
give priority to establishing neighborhood park facilities according
to the most recent Parks and Open Space Plan, community parks serving
the Village as a whole, and the generally accepted standards prior
to the expenditure for park facilities. The collected fees shall go
into a special segregated fund for park development.
[Amended 4-19-2021 by Ord. No. 04-2021]
E.
The zoning permit shall be granted or denied in writing by the Village Board within 60 days or, in those cases where site plan approval (§ 325-112) is required, within the time frame specified by that process. The permit shall expire within six months unless substantial work is commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.
F.
The provisions of this chapter shall be enforced by the Village Administrator, who shall be known as the Zoning Administrator for the purposes of this chapter. It shall be his/her duty to advise the zoning permit applicant that he/she must proceed with site approval (Article IV); to keep a record of all applications for zoning permits issued with a notation of any complications of such zoning permits; and a record of all such permits issued, with a notation of any conditions that may have been imposed by the Village Board or Zoning Board of Appeals under the provisions of Article VIII of this chapter. The Village Administrator shall file and safely keep copies of all plans submitted.
[Amended 4-21-2014 by Ord. No. 03-2014]
G.
The Village Administrator shall also keep a record
of every identifiable complaint of a violation of any of the provisions
of this chapter and of the action taken consequent to each such complaint.
All such records and plans shall form a part of the records of the
office and shall be available for the use of the Village Board and
of other official agencies and officials of the Village of Cottage
Grove.
A.
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 the community. 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 Village
Board may affirm, modify or withdraw its determination of unsuitability.
B.
All lots shall abut upon a public street, and each
lot shall have a minimum frontage and area as set forth in the Summary
of Bulk Standards.[1]
[1]
Editor's Note: The Summary of Bulk Standards is included as an attachment to this chapter.
C.
All principal structures shall be located on a lot,
and only one principal structure shall be located, erected or moved
onto a lot.
D.
No zoning permit shall be issued for any lot that
abuts an undedicated portion of a public street. A zoning permit may
be issued at such time as the entire width of that public street has
been dedicated.
E.
Private sewer and water. In any district where a public
water service or public sewerage service is not available, the width
and area shall be determined in accordance with Section H 65 of the
Wisconsin Administrative Code, but single-family dwellings shall have
no less than 100 feet frontage and no less than 20,000 square feet
lot area.
The land uses listed in Article I are specifically designated and refer to the detailed listing of land uses contained in § 325-49 (Detailed land use descriptions and regulations).
A.
Land uses permitted by right. Land uses listed as permitted by right are permitted per the general land use requirement of this chapter; per the general requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay zoning districts as designated on the Official Zoning Map; per the general requirements of this chapter, including § 325-112; and per any and all other applicable Village, county, state and federal regulations.
B.
Land uses permitted as a conditional use. Land uses listed as permitted as a conditional use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in § 325-49 (Detailed land use descriptions and regulations), including any additional requirements imposed as part of the conditional use process. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. (See also § 325-111 for conditional use procedures.)
C.
Land uses permitted as an accessory use. Land uses permitted as an accessory use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in § 325-49 (Detailed land use descriptions and regulations).
D.
Land uses permitted as a temporary use Land uses listed as permitted as a temporary use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in § 325-49 (Detailed land use descriptions and regulations).
E.
Land uses not listed in a specific zoning district
are not permitted in such zoning district, except as legal nonconforming
uses.
F.
Although a land use may be indicated as permitted by right or permitted as a conditional use in a particular district, it does not follow that such a land use is permitted or permissible on every parcel in such district. No land use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the standards and regulations of this chapter which are applicable to the specific land use and parcel in question or unless an appropriate variance has been granted pursuant to § 325-113.
All uses of land initiated within the jurisdiction
of this chapter on, or following, the effective date of this chapter
shall comply with all of the provisions of this chapter. Specifically:
A.
Land use regulations and requirements. All uses of
land shall comply with all the regulations and requirements of this
chapter pertaining to the types of uses to which land uses within
particular zoning districts. Such regulations and requirements address
both general and specific regulations which land uses shall adhere
to and which are directly related to the protection of the health,
safety and general welfare of the residents of the Village of Cottage
Grove and its environs.
B.
Density and intensity regulations and requirements.
All development of land shall comply with all the regulations and
requirements of this chapter, pertaining to the maximum permitted
density (for residential land uses) and intensity (for nonresidential
land uses) of land uses. Such regulations and requirements address
issues such as floor area ratios (FARs) and landscape surface ratios
(LSRs), which are directly related to, and are a critical component
of, density and intensity and the protection of the health, safety
and general welfare of the residents of the Village of Cottage Grove
and its environs.
C.
Bulk regulations and requirements. All development
of land shall comply with all the regulations and requirements of
this chapter pertaining to the maximum permitted bulk of structures
and the location of structures on a lot. Such regulations and requirements
address issues such as height, setbacks from property lines and rights-of-way
and minimum separation between structures, which are directly related
to, and a critical component of, the effective bulk of a structure
and the protection of the health, safety and general welfare of the
residents of the Village of Cottage Grove and its environs.
D.
Landscaping and bufferyards regulations and requirements.
All development of land shall comply with all the regulations and
requirements of this chapter pertaining to the provision of landscaping
and bufferyards. Such regulations and requirements address issues
such as minimum required landscaping of developed land and minimum
required provision of bufferyards between adjoining zoning districts
and/or development options, which are directly related to, and a critical
component of, the effective bulk of a structure and the protection
of the health, safety and general welfare of the residents of the
Village of Cottage Grove and its environs.
E.
Performance standards and requirements. All development
of land shall comply with all the regulations and requirements of
this chapter pertaining to the provision of appropriate access, parking,
loading, storage and lighting facilities. Such regulations and requirements
address issues such as maximum permitted access points, minimum required
parking spaces and maximum permitted intensity of lighting, as well
as defining acceptable levels of potential nuisances such as noise,
vibration, odors, heat, glare and smoke, which are directly related
to, and a critical component of, the protection of the health, safety
and general welfare of the residents of the Village of Cottage Grove
and its environs.
F.
Signage regulations and requirements. All land use
and/or development of land shall comply with all the regulations and
requirements of this chapter pertaining to the type and amount of
signage permitted on property. Such regulations and restrictions address
issues such as the maximum area of permitted signage and the number
and types of permitted signage, which are directly related to, and
a critical component of, the protection of the health, safety and
general welfare of the residents of the Village of Cottage Grove and
its environs.
G.
Procedural regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of Article VIII pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements and are directly related to, and a critical component of, the protection of the health, safety and general welfare of the residents of the Village of Cottage Grove and its environs. At a minimum, all development shall be subject to the requirements of § 325-112.
H.
Number of buildings per lot. In the RH, SR-3 and SR-4 Districts, only one principal building shall be permitted on any one lot. In the TR-8, MR-10, MR-12, NO, PO, NB, PB, CB, PI, GI and HI Districts, more than one principal building shall be permitted on any one lot upon the granting of a conditional use permit for a group development in compliance with § 325-50.
I.
Number of land uses per building.
(1)
No more than one nonresidential land use shall be permitted in any building unless a conditional use permit for a group development is granted in compliance with § 325-50.
(2)
With the exceptions of a commercial apartment or a
home occupation, no building containing a nonresidential land use
shall contain a residential land use. [See §§ 325-50H(1)
and 325-50H(10).]
J.
Division or combining of a lot. No recorded lot shall
be divided into two or more lots, and no two or more recorded lots
shall be combined into one or more lots, unless such division or combination
results in the creation of lots, each of which conforms to all of
the applicable regulations of the zoning district in which said lot
is located (as set forth in this chapter). (See also the Land Division
Regulations.)
K.
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.
A.
Height. The district height limitations stipulated
elsewhere in this chapter may be exceeded, but such modification shall
be in accord with the following:
(1)
Architectural projections, such as spires, belfries,
parapet walls, cupolas, domes, flues and chimneys, are exempt from
the height limitations of this chapter.
(2)
Special structures, such as elevator penthouses, gas
tanks, scenery lofts, manufacturing equipment and necessary mechanical
appurtenances, cooling towers, fire towers, substations and smokestacks,
are exempt from the height limitations of this chapter.
(3)
Essential services, utilities, water towers, electric
power and communications transmission lines are exempt from the height
limitations of this chapter.
(4)
Communications structures, such as radio and television
transmission and relay towers, aerials and observation towers, shall
not exceed in height their distance from the nearest lot line.
(5)
Public or semipublic facilities, such as schools,
churches, hospitals, monuments, sanitariums, libraries, governmental
offices and stations, may be erected to a height of 60 feet, provided
all required yards are increased not less than one foot for each foot
the structure exceeds the district's maximum height requirement.
B.
Yards. The yard requirements stipulated elsewhere
in this chapter may be modified as follows:
(1)
Uncovered stairs, landings and fire escapes may project
into any yard, but not to exceed six feet and not closer than three
feet to any lot line.
(2)
Architectural projections, such as chimneys, flues,
sills, caves, belt courses and ornaments, may project into any required
yard, but such projection shall not exceed two feet.
(3)
Culs-de-sac and curves. Residential lot frontage on
culs-de-sac and curves may be less than 80 feet, provided the width
at the building setback line is at least 80 feet and the street frontage
is no less than 30 feet.
(6)
Accessory uses and detached accessory structures are
permitted in the rear yard only; they shall not be closer than 10
feet to the principal structure, shall not exceed 15 feet in height,
shall not occupy more than 20% of the rear yard area and shall not
be closer than three feet to any lot line nor five feet to an alley
line.
(7)
Essential services, utilities, electric power and
communications transmission lines are exempt from the yard and distance
requirements of this chapter.
(8)
Landscaping and vegetation are exempt from the yard
requirements of this chapter.
(9)
Average street yards. The required street yards may
be decreased in any residential or business districts to the average
of the existing street yards of the abutting structures on each side,
but in no case less than 15 feet in any residential district and five
feet in any business district.
C.
Noise. Sirens, whistles and bells which are maintained
and utilized solely to serve a public purpose are exempt from the
sound level standards of this chapter.
A.
Existing nonconforming uses. The lawful nonconforming
use of a structure, land or water existing at the time of the adoption
or amendment of this chapter may be continued although the use does
not conform with the provisions of this chapter; provided, however,
that:
(1)
Only that portion of the land or water in actual use
may be so continued and the structure may not be extended, enlarged,
reconstructed, substituted, moved or structurally altered, except
when required to do so by law or order or so as to comply with the
provisions of this chapter.
(2)
The total lifetime structural alterations, excluding
repairs, shall not exceed 50% of the current assessed value of the
structure unless it is permanently changed to conform to the use provisions
of this chapter.
(3)
Substitution of new equipment may be permitted by
the Zoning Board of Appeals if such equipment will reduce the compatibility
of the nonconforming use with the neighboring uses.
B.
Abolishment or replacement.
(1)
If such nonconforming use is discontinued or terminated for a period
of 12 months, any future use of the structure, land or water shall
conform to the provisions of this chapter. When a nonconforming use
or structure is damaged by violent wind, vandalism, fire, flood, ice,
snow, mold, or infestation, it may be restored to the size, location,
and use that it had immediately before the damage or destruction occurred.
The size of a structure may be larger than the size it was immediately
before the damage or destruction occurred if necessary for the structure
to comply with applicable state or federal requirements.
[Amended 4-21-2014 by Ord. No. 03-2014]
(2)
A current file of all nonconforming uses shall be
maintained by the Zoning Administrator, listing the following: owner's
name and address; use of the structure, land or water; and assessed
value at the time of its being nonconforming use.
C.
Existing nonconforming structures. A lawful nonconforming
structure existing at the time of the adoption or amendment of this
chapter may be continued, although its size or location does not conform
with the lot width, lot area, yard, height, parking and loading and
access provisions of this chapter. However, it shall not be extended,
enlarged, reconstructed, moved or structurally altered, except when
required to do so by law or order or so as to comply with the provisions
of this chapter.
D.
Changes and substitutions. Once a nonconforming use
or structure has been changed to conform, it shall not revert back
to a nonconforming use or structure. Once the Zoning Board of Appeals
has permitted the substitution of a more restrictive nonconforming
use for an existing nonconforming use, the substituted use shall lose
its status as a legal nonconforming use and become subject to all
the conditions required by the Zoning Board of Appeals.
E.
Substandard lots. In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the County Register of Deeds office before the effective date or amendment of this chapter, provided that the area, the width and the depth of such existing lot shall be no less than 80% of the required minimum set forth in Article IV of this chapter.
F.
Substandard lot exemption. An exception from this chapter found in § 325-24A, C and E may be granted for existing residences on lots which meet 80% of the width requirement. Improvements may be permitted to a residence on such a substandard lot where the primary building, with improvements, meets all setback requirements and complies with all other zoning requirements that are applicable to the district in which the residence lies, and the substandard lot's area is no less than 80% of the required minimum set forth in Articles III through IV of this chapter. Additionally, the percentage maximum lot coverage shall not exceed 30%.
[Amended 4-21-2014 by Ord. No. 03-2014]
It shall be unlawful to construct or use any
structure, land or water in violation of any of the provisions of
this chapter. In case of any violation, the Village Board, the Zoning
Administrator, the Plan Commission or any property owner who would
be specifically damaged by such violation may institute appropriate
action or proceeding to enjoin a violation of this chapter.
It is not the intent of this section, nor any
other provision of this chapter, to discriminate against condominium
forms of ownership in any manner which conflicts with Wis. Stats.
s. 7-327. As such, the provisions of this section are designed to
ensure that condominium forms of ownership are subject to the same
standards and procedures of review and development as other physically
identical forms of development.
