The proper regulation of the use of certain
structures, lands and waters only through the use of the zoning districts
contained within this chapter is neither feasible nor adequate. Therefore,
the following regulations, which shall be applied in addition to the
district regulations, are necessary to accomplish the intent of this
chapter. No provision of this chapter shall be construed to bar an
action to enjoin or abate the use or occupancy of any land, buildings
or other structures as a nuisance under the appropriate laws of the
State of Wisconsin.
The provisions of this chapter shall apply to
all structures, land, water and air within the unincorporated areas
of Green Lake County, Wisconsin.
A.
The use of buildings hereafter erected, converted,
enlarged or structurally altered and the use of any land shall be
in compliance with the regulations established herein for the district
in which such land or building is located.
B.
Every residential building hereafter erected, converted, enlarged or structurally altered shall be located on a lot, and in no case, except as provided in § 350-40A(9) and B(5), shall there be more than one main residential building on one lot.
[Amended 11-14-2017 by Ord. No. 22-2017; 9-20-2022 by Ord. No. 17-2022]
C.
Nothing herein contained shall require any change
in the plans, construction, size or designated use of any building
or part thereof, the construction of which shall have been started
before the effective date of this chapter.
[Amended 11-14-2017 by Ord. No. 22-2017]
A.
Nonconforming uses.
(1)
The existing lawful use of a structure or premises
upon the effective date of this chapter or any amendment thereto may
be continued although such does not conform to the provisions of this
chapter for the district in which it is located, but such nonconforming
use shall not be extended. The construction of a private residential
accessory structure shall not be considered as the extension of a
nonconforming use.
(2)
If no structural alterations are made, a nonconforming
use of a structure may be changed to another nonconforming use of
the same or a more restricted classification. Whenever a nonconforming
use has been changed to a more restricted nonconforming use or a conforming
use, such use shall not thereafter be changed to a less restricted
use.
(3)
If a nonconforming use of a structure or premises
is discontinued for a period of 12 consecutive months, any future
use of the structure or premises shall conform to the regulations
for the district in which it is located.
(4)
If a premises contains an existing nonconforming use,
a conforming use shall not be permitted on that premises until such
time as the nonconforming use is discontinued or brought into compliance
with the provisions of this chapter.
(5)
(Reserved)
(6)
Passage of this chapter in no way legalizes any illegal
uses existing at the time of its adoption.
B.
Nonconforming structures. Structures that were lawfully
constructed prior to the effective date of this chapter that are conforming
to this chapter as to use but do not conform as to dimensional rules
(setbacks, height, separations, etc.) and which are proposed to be
altered are subject to the following requirements:
(1)
Repairs and improvements of a maintenance nature are
allowed.
(2)
Alterations, additions and expansions that change
the exterior dimension of the structure and that conform to the dimensional
rules of this chapter are allowed.
(3)
Alterations, additions and expansions that change the exterior dimensions of the structure and that do not conform to this chapter, but which do not increase the dimensional nonconformity beyond that which existed prior to the effective date of this chapter, are allowed, provided that they do not exceed 50% of the current total assessed value of the structure for the lifetime of the structure. Also see § 350-51 relating to existing nonconforming buildings, signs, structures, or parts thereof located in highway setbacks.
(4)
No alterations, additions or expansions may occur
that will increase the dimensional nonconformity.
(5)
Per § 59.69(10e)(a) and (b), Wis. Stats., a nonconforming
dwelling or nonconforming building, or part thereof, shall be permitted
to be rebuilt so long as the three-dimensional building envelope is
not increased.
[Added 3-19-2019 by Ord.
No. 2-2019]
C.
Nonconforming lots or parcels.[1] Any lot or parcel created prior to the effective date
of this chapter, or revisions and/or amendments thereto, which does
not meet the current minimum lot or parcel size standards of this
chapter shall not be reduced in size unless the reduction results
in compliance with the minimum lot or parcel size standard of the
zoning district in which it is located.
E.
Split-zoned lots or parcels: In no case shall a land use permit be
issued to a property owner or property owner's agent for a lot or
parcel that is split-zoned. In these cases, the property owner shall
consult the Land Use Planning and Zoning Department to obtain a resolution
strategy to remedy the split-zoning condition. The resolution strategy
could include a comprehensive plan amendment, rezone, and a certified
survey map. Once the split-zoning condition has been eliminated, a
land use permit may be issued subject to the provision of this chapter.
[Amended 2-15-2011 by Ord. No. 989-2011; 11-14-2017 by Ord. No. 22-2017; 9-21-2021 by Ord. No. 30-2021]
Unless otherwise stated in this chapter, accessory uses and
structures are permitted in any district, but not until their principal
structure/use is present or under construction.
[Added 9-20-2022 by Ord. No. 17-2022]
A.
PUBLIC VIEW
JUNK
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Definitions
for purposes of this section.
Observation from any location exterior to the property.
Any of the following that are visible from public view:
Motorized vehicles or motorized equipment of any type, if not
currently capable of motorized operation, including, but not limited
to, cars, vans, trucks, recreation vehicles, watercraft, motor homes,
lawn mowers, snow blowers, outboard motors, go-carts, mopeds, scooters
and mini-bikes.
Nonmotorized vehicles intended to transport persons or property
on a road or highway, including trailers and bicycles, if not currently
safe to use on the road.
Vehicle parts.
Tires, with or without rims.
Interior appliances and electronic equipment not in use, including,
but not limited to, cooktop range and ovens, refrigerators, dishwashers,
fans, clothes dryers, clothes washers, microwaves, televisions, screens,
audio equipment, computers, arcade games and vending machines.
Interior plumbing and mechanical fixtures not in use, including,
but not limited to, toilets, sinks, piping, bathtubs, tub surrounds,
water heaters/tanks, water softeners, humidifiers, dehumidifiers,
wood-burning stoves, furnaces and related piping and ductwork.
Interior furniture that is abandoned, discarded or damaged,
including, but not limited to, sofas, recliners, mattresses, bed frames,
dressers, credenzas, desks, tables and chairs.
Outdoor recreation equipment that is disassembled or broken,
including, but not limited to, trampolines, above-ground swimming
pools, swimming pool components and patio furniture.
Building components or construction materials not installed
or in use, including, but not limited to, doors, windows, siding,
shingles, lumber and flooring.
Outdoor fixtures or containers not currently in use, including,
but not limited to, fuel tanks, propane tanks, liquid barrels and
air conditioners.
Scrap metal, plastic, glass or wood not in use.
Any other item similar in nature to the above list.
B.
Prohibited
activities. No person, group of persons, company firm, corporation,
or any other entity shall within the unincorporated areas of the county:
(1)
Operate
an unlicensed junkyard.
(2)
Store
any junk outside a building and within public view for a period of
any part of five or more days during any thirty-day period.
(3)
Leave
any dead animal not buried or otherwise legally disposed of for a
period of more than three days on the premises.
(4)
Store
or dispose of any solid waste or other junk, except in accordance
with all applicable state and local regulations.
C.
Exceptions.
(1)
This
section is not intended to regulate or place limitations on any legally
licensed junkyard, salvage dealer, sanitary landfill or other junk,
waste disposal or storage activity for which a valid license from
the state and/or other necessary municipal issuing authority is required
and has been issued and all such licenses are in full force and effect.
(2)
This
section does not regulate or place limitations on junk that is stored
inside a closed building.
(3)
This
section is not intended to prohibit the proper outside storage of
licensed and operable motor vehicles.
[1]
Editor's Note: Former § 350-16, Agricultural accessory
structures, was repealed 2-15-2011 by Ord. No. 989-2011.
[Amended 3-19-2019 by Ord. No. 2-2019; 8-18-2020 by Ord. No. 9-2020; 9-21-2021 by Ord. No. 30-2021]
A.
All dwellings as defined and permitted by this chapter
shall conform to the following. They shall:
(1)
Be attached to a permanent foundation meeting the
requirements of the State of Wisconsin Uniform Dwelling Code provisions
in such a manner as to comply with standards for vertical loading,
uplift and lateral forces and so designed and constructed that the
floor elevation is reasonably compatible with other dwellings in the
area.
(2)
Have a first-story minimum living area of 800 square
feet.
(3)
Be not less than 20 feet in their smallest horizontal dimension,
exclusive of portions of the dwelling including but not limited to
three-season rooms, sunrooms or solariums, mudrooms, passageways and
entryways.
(4)
Have any wheels, axles, hitches, tow bars and other
equipment necessary for transporting on streets or highways removed
when the structure is placed on the foundation.
(5)
Be constructed in accordance with accepted construction practices
and building codes. In no case shall a shipping or storage container(s),
or parts thereof, be used as a dwelling.
(6)
There shall only one attached garage per dwelling unit and in no
case shall the footprint of the attached garage exceed the dwelling
unit’s total living area.
A.
Except as otherwise provided in this chapter, every building/structure
hereafter erected, moved or structurally altered shall be located
on a lot at least 100 feet in average width and 20,000 square feet
in area, regardless of the district in which such building is, or
is to be, located, provided that when the regulations of Ch. SPS 383,
Wis. Adm. Code, require a larger area, then such state regulations
shall prevail.
[Amended 11-14-2017 by Ord. No. 22-2017]
B.
No lot area shall be so reduced that the yards and
open spaces shall be smaller than is required by this chapter, nor
shall the density of population be increased in any manner except
in conformity with the area regulations hereby established for the
district in which a building or premises is located.
C.
Where a lot has an area less than the minimum number
of square feet per family required for the district in which it is
located and was of record as such at the time of the passage of this
chapter, such lot may be occupied by one family.
A.
Except as otherwise provided in this chapter, the maximum height
of any building hereafter erected, moved or structurally altered shall
be 35 feet (see definition "structure height"), not to exceed 2 1/2
stories, regardless of the district in which such building is, or
is to be, located.
[Amended 11-14-2017 by Ord. No. 22-2017]
B.
Churches, schools, hospitals, sanatoriums and other public/quasi-public
buildings may be erected to a height not exceeding 60 feet nor five
stories, provided that the street, side and rear yards required in
the district in which such building is to be located are each increased
at least one foot for each foot of additional building height above
the height limit otherwise established for the district in which such
building is to be located.
[Amended 3-19-2019 by Ord. No. 2-2019]
C.
Height exceptions. Farm buildings not for human habitation;
chimneys; cooling towers; roof-mounted solar panel arrays; elevator
bulkheads; fire towers; monuments; penthouses; stacks; scenery lofts;
tanks; water towers; ornamental towers; spires; wireless, television
or broadcasting towers; masts or aerials; telephone, telegraph and
power transmission poles and lines; and microwave radio relay structures
and necessary mechanical appurtenances are hereby excepted from the
height regulations of this chapter and may be erected in accordance
with other regulations or ordinances of Green Lake County.
[Amended 8-18-2020 by Ord. No. 9-2020]
[Amended 10-18-2016 by Ord. No. 23-2016; 11-14-2017 by Ord. No. 22-2017; 3-19-2019 by Ord. No. 2-2019]
A.
There shall be a side yard on each side of a structure hereafter
erected, moved or structurally altered.
B.
Except as otherwise provided in this section, every structure hereafter
erected, moved or structurally altered shall provide the minimum side
and rear yards as required by the following table for the district
in which such structure is or is to be located:
[Amended 9-21-2021 by Ord. No. 30-2021]
District
|
Each Side Yard
(feet)
|
Rear Yard
(feet)
|
---|---|---|
Residential
|
12
|
25
|
Recreational
|
12
|
25
|
Agricultural
|
12
|
25
|
Conservancy
|
20
|
25
|
Commercial*
|
12
|
25
|
Industrial*
|
20
|
25
|
NOTE:
| |
---|---|
*
|
Commercial and industrial structures, not designed for human
occupancy, are required to provide a minimum setback 1.1 times their
overall height.
|
C.
Except as otherwise provided in this section, every structure hereafter erected, moved or structurally altered, shall be set back from the adjoining highway or highways as required by Article VI, Highway Setback Lines.
D.
Lots 85 feet in width and under shall have a side yard setback of
10 feet on both sides.
E.
Except as otherwise provided in this chapter, no structure shall
be erected or extended in a required yard, except the ordinary projections
of sills, belt courses, cornices and ornamental features projecting
not more than 12 inches.
F.
(Reserved)
A.
No commercial motor vehicle exceeding three tons'
capacity shall be stored in any private garage or in a residential
district.
B.
In any commercial or industrial district, wherever
a lot abuts upon a public or private alley, sufficient space for the
loading or unloading of vehicles shall be provided on the lot in connection
with any business or industrial use so that the alley shall at all
times be free and unobstructed to the passage of traffic.
C.
Motor vehicles may not be parked in such a manner
as to be injurious to the use and enjoyment of other property in the
immediate vicinity nor substantially diminish and impair property
values within the neighborhood.
D.
A motor vehicle that is abandoned, disassembled, nonoperative,
disabled, junked, wrecked, or no longer licensed shall not be stored
anywhere on any premises except in an authorized salvage yard or unless
it is completely enclosed in a structure.
E.
Off-street parking.
(1)
In all districts there shall be provided, at the time any building
or structure is erected, off-street parking spaces in accordance with
the requirements of this section. A site plan, including layout of
parking spaces of any area for more than five vehicles, shall be submitted
to the Land Use Planning and Zoning Department for approval prior
to construction. Requests for parking lots shall be accompanied by
detailed plans on landscaping, parking layout, drainage provisions
and driveway locations.
[Amended 11-14-2017 by Ord. No. 22-2017]
(2)
Size of stall. Parking stalls shall be at least nine
feet in width by not less than 20 feet in depth for sixty-degree parking
angles and not less than 27 feet in depth for ninety-degree parking
angles, and there shall be at least 16 feet of width between opposite
facing parking stalls for ingress and egress.
(3)
Special residential requirements. Those parking areas
for five or more vehicles, if adjoining a residential use, shall be
screened from such use by a solid wall, fence, evergreen planting
or equivalent visual density or other effective means, built and maintained
at a minimum height of five feet. Where a solidly constructed decorative
fence is provided along the interior lot line, the minimum setback
for parking area shall be five feet from said lot line. Said fence
shall be located a minimum of one foot from said lot line.
(4)
Number of stalls. The number of parking stalls required
is shown in the following table:
[Amended 12-21-2004 by Ord. No. 822-04]
Use
|
Minimum Parking Required
| |
---|---|---|
Dwellings, single-family
|
1 stall per dwelling unit
| |
Dwellings, duplex and multifamily
|
1.5 stalls for each dwelling unit
| |
Housing for the elderly
|
0.75 space for each dwelling unit with 1/2 of
these spaces to be built before occupancy and the balance of which
spaces shall be reserved until such time as the County may order them
installed
| |
Hotels and motels
|
1 stall for each guest room and 1 stall for
each 2 employees
| |
Sororities, dormitories and rooming and boarding
houses
|
1 stall for each 2 sleeping rooms plus 1 for
each 2 employees
| |
Retirement homes, orphanages, convents and monasteries
|
1 stall per 2,000 feet of principal floor area
| |
Hospitals, sanitariums, institutions and rest
and nursing homes
|
1 stall for each 3 beds plus 1 stall for each
3 employees
| |
Medical and dental clinics
|
5 stalls for each doctor or dentist
| |
Theaters, auditoriums, community centers, sport
arenas and other places of public assembly
|
1 stall for each 5 seats or spaces equal to
20% of capacity in persons, whichever is greater
| |
Restaurants
|
1 stall for each 100 square feet of floor area
excluding the kitchen
| |
Bars and places of entertainment
|
1 stall for each 75 square feet of floor area
| |
Office building and professional offices having
less than 6,000 square feet of floor area
|
1 parking space per 150 square feet of floor
area
| |
Office building and professional offices having
6,000 square feet or more of floor area, banks and savings institutions
|
At least 1 parking space for each 200 feet of
floor area
| |
Drive-in establishments
|
At least 1 parking space for each 15 square
feet of floor area in the building
| |
Manufacturing and processing plants (including
meat and food laboratories and warehouses)
|
1 stall for every 2 employees; number of employees
shall be construed to mean the maximum number on the premises at one
time
| |
Libraries, museums, art galleries, etc.
|
1 for each employee, plus 1 for each 4 seats
plus 1 for each 500 square feet of floor area not having seats
| |
Washing and cleaning establishments
|
1 for each 2 employees, plus 1 space for every
wash machine or 1 for each 200 square feet of floor area, whichever
is greater
| |
Funeral homes, mortuaries and similar type uses
|
1 for each 50 square feet of floor area in parlors
or assembly rooms
| |
Other businesses and commercial uses
|
1 for each 300 square feet of floor area
| |
Churches and other places of religious assembly
|
1 for each 5 seats or 1 for 90 linear inches
of pew space
| |
Cartage, express and parcel delivery and freight
terminals
|
1 for each 2 employees (on the largest shift
for which the building is designed) plus 1 for each motor vehicle
maintained on the premises
| |
Elementary and junior high schools
|
2 for each classroom plus 1 for every 8 seats
in auditoriums or assembly halls
| |
High schools, colleges, universities and other
institutions of higher learning
|
1 for every 6 students plus 1 for each teacher,
administrator and employee
| |
Business, technical and trade school
|
1 for each 5 students plus 1 for each 2 employees
| |
Government offices
|
1 stall for each 300 square feet of floor area
and 1 stall for each 2 employees
| |
Motor vehicle sales (new and used)
|
1 space for each 500 square feet of floor area
used plus one space for each 30 square feet of outdoor display area
for each motor vehicle to be displayed (this requirement does not
include service garages; see below)
| |
Repair shops and retail and service stores
|
1 space for each 150 square feet of net floor
space
| |
Automobile repair garages and service stations
|
1 space for each 2 employees plus 2 spaces for
each service bay
| |
Bowling alleys
|
4 spaces for each alley
|
(5)
Uses not listed. In the case of structures or uses
not mentioned, the provision for a use that is similar shall apply.
Floor space or area shall mean the gross floor area inside the exterior
walls, where the floor space is indicated above as a basis for determining
the amount of off-street parking required.
(6)
Combined uses. Combinations of any of the above uses
shall provide the total number of stalls required for each individual
use. Two or more uses may provide required off-street parking spaces
in a common parking facility less than the sum of the spaces required
for each use individually, provided that such uses are not operated
during the same hours. The following conditions must be met for any
joint use:
(a)
The proposed joint parking space is within 500
feet of the use it will serve.
(b)
The applicant shall show that there is no substantial
conflict in the principal operating hours of the two buildings or
uses for which joint use of off-street parking facilities is proposed.
(c)
A properly drawn legal instrument approved by
the Land Use Planning and Zoning Committee, executed by the parties
concerned, for joint use of off-street parking facilities shall be
filed with the County Clerk. Said instrument may be a three-party
agreement, including the County and all private parties involved.
Such instrument shall first be approved by Corporation Counsel.
(7)
Handicapped parking requirements. In addition to any
other requirements relating to parking spaces contained in this chapter,
the provisions contained in §§ 101.13, 346.503 and
346.56, Wis. Stats., and any Wisconsin Administrative Code sections
adopted pursuant thereto, are hereby adopted by reference and made
applicable to all parking facilities whenever constructed.
(8)
Changes in building or use. Whenever a building or
use is changed, structurally altered or enlarged to create a need
for an increase of 25% or more in the number of existing parking spaces,
such spaces shall be provided on the basis of the enlargement or change.
Whenever a building or use is enlarged to the extent of 50% or more
in the floor area, said building or use shall then comply with the
parking requirements set forth in the district in which it is located.
(9)
This chapter shall apply to all buildings and structures
erected after the effective date of this chapter.
A.
Substandard lots. A substandard lot that is at least
7,500 square feet in area and is 50 feet in width at the building
line and 50 feet average width may be used as a building site for
a single-family dwelling upon issuance of a land use permit if it
meets the following requirements:
[Amended 12-21-2004 by Ord. No. 822-04; 3-19-2019 by Ord. No. 2-2019]
B.
Other substandard lots. A building permit for the improvement of a lot having lesser dimensions than those stated in Subsection A of this section shall be issued only after the granting of a variance by the Board of Adjustment.
[Amended 11-14-2017 by Ord. No. 22-2017; 3-19-2019 by Ord. No. 2-2019]
[Amended 11-14-2017 by Ord. No. 22-2017]
Outdoor lighting installations shall be permitted in all yard
areas, but no closer than three feet to an abutting property line,
and shall be shielded or hooded. In no case shall outdoor lighting
installations be aimed or directed at a neighboring property.