Only the following uses and their essential
services may be allowed in any district:
A. Permitted uses. Permitted uses, being the principal
uses specified for a district.
B. Accessory uses. Accessory uses and structures as specified
are permitted in any district but not until their principal structure
is present or under construction.
C. Conditional uses. See §
415-35B.
[Amended 12-8-2006 by Ord. No. 2006-2]
D. Uses not specified.
(1) Uses not specified in this chapter which are found
by the Plan Commission to be sufficiently similar to specified permitted
uses for a district shall be allowed by the Zoning Administrator.
(2) Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board after consideration and recommendation by the Plan Commission, public hearing and approval in accordance with Article
IV of this chapter.
The regulations contained herein relating to
the height of buildings and the size of yards and other open spaces
shall be subject to the following exceptions:
A. Churches, schools, hospitals, sanatoriums and other
public and quasi-public buildings may be erected to a height not exceeding
60 feet nor five stories, provided that the front, 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.
B. Chimneys, cooling towers, elevator bulkheads, fire
towers, monuments, penthouses, stacks, scenery lofts, tanks, water
towers, ornamental towers, spires, wireless, television or broadcasting
towers, masts or aerials, microwave radio relay structures, telephone,
telegraph and power poles and lines and necessary mechanical appurtenances
are hereby excepted from the height regulations of this chapter and
may be erected in accordance with other regulations or codes of the
Village.
C. Residences in the residence districts may be increased
in height by not more than 10 feet when all yards and other required
open spaces are increased by one foot for each foot which such building
exceeds the height limit of the district in which it is located.
D. Where a lot abuts on two or more streets or alleys
having different average established grades, the higher of such grades
shall control only for a depth of 120 feet from the line of the higher
average established grade.
E. Buildings on through lots and extending from street
to street may have waived the requirements for a rear yard by furnishing
an equivalent open space on the same lot in lieu of the required rear
yard, provided that the setback requirements on both streets shall
be complied with.
F. 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.
G. Every part of a required yard shall be open to the
sky, unobstructed, except for accessory buildings in a rear yard and
the ordinary projections of sills, belt courses, cornices and ornamental
features projecting not more than 12 inches.
H. Open or enclosed fire escapes and fire towers may
project into a required yard not more than five feet and into a required
court not more than 3 1/2 feet, provided that they are so located
as not to obstruct light and ventilation.
[Added 3-19-1996 by Ord. No. 1996-3 ]
The Village of Mazomanie shall prohibit the
construction of buildings on lands which lie at elevations above 875
feet above mean sea level in a geographic area which pertains to all
lands which lie within the bounds of the Village of Mazomanie, and
all lands when annexed into said boundaries.
[Added 12-28-2004 by Ord. No. 2004-3]
Zero lot lines may be allowed for duplex-family
residences in parcels zoned R-3 Two-Family Residence District subject
to the following conditions:
A. The purpose of zero lot lines is to allow for duplex-family
residences to utilize two parcels with a common wall located on a
lot line separating each residential unit.
B. The Village of Mazomanie shall not become a party
to disputes between zero lot line residents.
C. Construction of duplex-family residences using zero
lot lines shall not commence until a site plan has been approved by
the Building Inspector and an owner's agreement meeting the following
criteria has been recorded with the office of the Dane County Register
of Deeds:
(1) The certified survey map shall set forth the surveyor's
verification that the zero lot line on said map accurately depicts
the actual center line for the common wall after the foundation of
the building has been poured, and a surveyor shall certify that placement
of the duplex common wall is on the zero lot line. The owner shall
also provide confirmation of the accurate location of the common wall
to the Village Building Inspector as a prior condition to issuance
of an occupancy permit.
(2) The owner's agreement shall include:
(a)
Assurance that all buildings and the property
shall be used for residential purposes only;
(b)
Provisions for the repair and maintenance of
all common building components as well as a method of fair payment
for such repairs and maintenance;
(c)
Provisions for mutual consent prior to making
structural, paint or decorative changes to the building exterior;
(d)
Provisions for equitably resolving liens filed
against areas of common responsibility or interest;
(e)
Provisions granting access or an easement to
each owner for the purpose of maintaining or repairing the structure
and all common building components;
(f)
Assurance that all owners will obtain insurance
coverage in an amount not less than the full replacement value of
the structures;
(g)
Provisions for liability and equitable treatment
in the event of damage or destruction of the buildings due to fire
or other casualty;
(h)
Provision for emergency action by one party
in the absence of the other where any immediate threat exists to the
property of the former; and
(i)
Provisions for mandatory mediation in the event
of disputes between owners and, failing that, mandatory arbitration.
(3) The terms and conditions of the owner's agreement
shall be perpetual restrictive covenants appurtenant to the property,
and a copy of such agreement shall be filed with the office of the
Village Clerk-Treasurer.
D. The exterior of both units of any duplex-family residence
permitted under this section shall be constructed and finished at
the same time.
E. Specifications. For any lot in which zero lot lines
are permitted under this section, the following standards shall apply:
(1) Maximum building height: 35 feet.
(2) Setbacks.
(a)
Minimum front yard setback: 25 feet. (Note:
Minimum front yard setback shall apply to both units in the case of
a corner lot.)
(b)
Minimum rear yard setback: 25 feet.
(c)
Minimum side yard setback: zero and eight feet.
(d)
For a zero lot line/duplex lot where the building
includes two fronts on two different streets, there shall be a standard
front setback for both streets, one side setback and one rear setback,
at the discretion of the Zoning Administrator. The closest point to
the street will be 25 feet.
(3) Minimum lot area per unit: 6,000 square feet.
(4) Minimum lot width (at building setback line): 90 feet.
(5) Accessory building requirements:
(a)
Maximum building height: 14 feet.
(b)
Minimum rear yard setback: five feet.
(c)
Minimum side yard setback: five feet.
(d)
Maximum building area: 100 square feet.
F. Fences may be allowed around the perimeter of both
halves of the zero lot line lots subject to a three-foot setback.
G. Separate utilities shall be provided for each residential
unit, including, without limitation, electricity, heat, sewer and
water.