A.
Jurisdiction. The jurisdiction of this chapter shall
apply to all structures, lands, water, and air within the corporate
limits of the Village.
B.
Compliance. No new structure, new use of land, water
or air, or change in the use of land, water or air shall hereafter
be permitted and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted, or structurally
altered without a zoning permit and without full compliance with the
provisions of this chapter and all other applicable local, county,
and state regulations.
C.
District regulations. Except as otherwise provided,
the use and height of buildings hereafter erected, converted, moved,
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 building or land is located.
D.
Yard reduction or joint use.
(1)
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.
(2)
No part of a yard or other open space provided about
any building for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard or other open space
required for another building.
(3)
Where a lot is to be occupied for a permitted use
without buildings, the side yards and front yard required for such
lot shall be provided and maintained unless otherwise stipulated in
this chapter, except that side yards shall not be required on lots
used for garden purposes without buildings or structures or on lots
used for public recreation areas.
(4)
No land which is located in a residence district shall
be used for driveway, walkway, or access purposes to any land which
is located in a business or industrial district or used for any purpose
not permitted in a residence district.
E.
One main building per lot. Every building hereafter
erected, converted, enlarged or structurally altered shall be located
on a lot, and, unless authorized by the Village Board, in no case
shall there be more than one main building on one lot.
[Amended 12-8-2006 by Ord. No. 2006-2]
F.
Lots abutting more restrictive district. Any side
yard, rear yard or court abutting a district boundary line shall have
a minimum width and depth in the less restricted district equal to
the average of the required minimum widths and depths for such yards
and courts in the two districts which abut the district boundary line.
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.
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.
A.
The minimum street frontage on any lot shall be 50
feet, as measured at the street right-of-way line, except that on
cul-de-sac lots or lots on curves of streets, the minimum lot frontage
may be 35 feet.
[Amended 9-23-2008 by Ord. No. 2008-15]
B.
Principal structures. All principal structures shall
be located on a lot. Only one principal structure shall be located,
erected or moved onto a lot. The Village Board may permit as a conditional
use more than one principal structure per lot in any district where
more than one such structure is needed for the orderly development
of the parcel. Where additional structures are permitted, the Village
Board, subject to the recommendation of the Plan Commission, may impose
additional yard requirements, landscaping requirements or parking
requirements or require a minimum separation distance between principal
structures.
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.[2]
D.
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 and Plan Commission 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 Plan Commission,
in applying the provisions of this subsection, 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 Plan Commission may affirm, modify, or withdraw its
determination of unsuitability when making its recommendation to the
Village Board.
E.
Preservation of topography. In order to protect an
adjoining property owner from possible damage due to change in the
existing grade of the adjoining lands, to aid in preserving and protecting
the natural beauty and character of the landscape, and to facilitate
the natural flow of surface waters, no change in the existing topography
of any land five feet in height or greater shall be made without the
subject property owner first submitting to the Plan Commission a final
grading and site plan. The Plan Commission shall review the same and
make a recommendation thereon to the Village Board that said grading
and site plan be approved, disapproved or approved with conditions.
In making its recommendation, the Plan Commission shall determine
if the proposed activity is consistent with applicable provisions
of this Code and determine whether or not the proposed change in topography
would in any way adversely effect adjoining properties. In no case
shall any slope exceed the normal angle of slippage of the material
involved, and all slopes shall be protected against erosion.
[Amended 9-23-2008 by Ord. No. 2008-14; 1-27-2009 by Ord. No. 2009-1]
F.
Decks. For purposes of this chapter, decks shall be
considered a part of a building or structure.
[1]
Editor's Note: Original § 10-1-12(a),
Site suitability, which appeared at the beginning of this section,
was deleted 12-8-2006 by Ord. No. 2006-2. See now Subsection D of
this section.
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.
(3)
Minimum lot area per unit: 6,000 square feet.
(4)
Minimum lot width (at building setback line): 90 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.
