Barneveld City Zoning Code
ARTICLE II
General Provisions
§ 280-8 Jurisdiction.
The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Village.
§ 280-9 Village Plan Commission designated.
A Village Plan Commission is hereby created to carry out the intent of the Village of Barneveld Comprehensive Plan and this chapter. The makeup of the Commission and its powers and duties shall be prescribed by Ch. 62.23, Wis. Stats.
§ 280-10 Zoning Administrator designated; right to entry.
The office of Zoning Administrator is hereby created as the administrative and enforcement officer for the provisions of this chapter. The duty of the Zoning Administrator shall be to interpret and administer this chapter and to issue, after on-site inspection, all approvals required by this chapter. The Zoning Administrator shall investigate all complaints, give notice of violations, issue orders to comply with this chapter and assist the Village Attorney in the prosecution of ordinance violators. The Zoning Administrator and his deputies may enter at any reasonable time onto any public or private lands or waters to make a zoning inspection.
§ 280-11 Compliance.
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, demolished or structurally altered, except in conformity with the regulations herein specified for the district in which it is located.
§ 280-12 Zoning approvals.
Zoning approval shall be required for all new structures, exterior renovation, interior alterations, demolition, placement of signs and changes in land use, unless specifically excepted by this chapter. Applications for zoning approval shall be made to the Zoning Administrator and shall include the following, where appropriate:
Name and address of the applicant, owner of the site, architect, professional engineer or contractor.
Description 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.
Site plan showing the location, boundaries, dimensions, elevations, uses and size of the 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 site plan shall show the location, elevation and use of any abutting lands and their structures within 40 feet of the subject site.
All new residential, commercial and industrial structures shall be served by public water and sewer systems.
Additional information as may be required by the Plan Commission or the Zoning Administrator.
Zoning approval shall be granted or denied, in writing, by the Zoning Administrator within 30 days. The approval shall expire within six months unless substantial work has commenced. Any approval given in conflict with the provisions of this chapter shall be null and void.
§ 280-13 Fee.
From the Treasurer, the fee shall be computed in accordance with Village resolution.
§ 280-14 Floodplains.
Floodplain areas within the jurisdiction of the Village shall be administrated by the Village.
§ 280-15 Uses not requiring zoning approval.
Any small, movable accessory, erection or construction, such as birdhouses, pet houses, play equipment or arbors. Minor structures shall be limited to 16 square feet in floor space.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Walls and fences under three feet in height. However, no fences or walls under three feet in height shall be located within six inches of a street right-of-way.
Private sidewalks and driveways, poured or formed patios, decks and walkways that do not exceed six inches in height above ground level.
§ 280-16 Site restrictions.
No land shall be used or structure erected where the land is held unsuitable for such use or structure by the 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 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. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability.
All lots shall abut upon a public street and such lot shall have an absolute minimum frontage of 60 feet, except in the case where the Downtown Design Overlay District applies. See Nonconforming lots, § 280-67 (old lots).
All principal structures shall be located on a lot and only one principal structure shall be located, erected or moved onto a lot.
No zoning approval shall be granted 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.
Solar access shall be protected in the following manner. No structure, whether principal use or accessory use; no plant materials, whether trees, shrubs or other; and no permanently fixed equipment shall be of such a height that it would cast a shadow during daylight, between 9:00 a.m. and 3:00 p.m. of the winter solstice, on any portion of another building or the buildable area of a parcel if no building exists. Compliance with this standard must be graphically shown in application for zoning approval.
§ 280-17 Use restrictions.
The following use restrictions and regulations shall apply:
Principal uses. Only those principal uses specified for a district, their essential services and the following uses shall be permitted in that district.
Accessory uses. Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade or industry. Accessory uses include incidental repairs, storage, parking facilities and gardening; servant's, owner's, itinerant agricultural laborer's and waterman's quarters not for rent; private swimming pools and private emergency shelters.
Conditional uses. Conditional uses and their accessory uses are considered as special uses, requiring public hearing and approval by the Plan Commission in accordance with § 280-39.
Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the Plan Commission, provided that such uses are similar in character to the principal uses permitted in the district.
Temporary uses. Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Plan Commission.
§ 280-18 Reduction or joint use prohibited.
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.
§ 280-19 Enforcement.
No person shall 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, Zoning Administrator, 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.
§ 280-20 Violations and penalties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 280-21 Site plan approval.
[Added 3-4-2002 by Ord. No. 02-03-01]
Required. All applications for zoning permits for any construction, reconstruction, expansion, or conversion, except for one-family and two-family residences, shall require site plan approval by the Plan Commission in accordance with the requirements of this chapter. Site plans shall include the following:
Site plans, drawn to a recognized engineering or architectural scale with the name of project noted.
One colored rendering of the site and landscaping plans.
Owner's and developer's names and addresses noted.
Where applicable, architect's and engineer's names and addresses noted.
Date of plan submittal.
Scale of drawing, site size (area in square feet or acres), and building area and coverage noted on plan.
Existing and proposed topography shown at a contour interval of not less than two feet at National Geodetic Vertical Datum, indicating proposed grade on a preliminary grading plan and location of improvements.
All building and yard setback lines indicated.
Where applicable, both the 100-year-recurrence-interval floodplain and the floodway indicated.
Where applicable, wetlands, as delineated in the WDNR Wetland Inventory, and a 75-foot setback line from such wetlands.
All drives, curb cuts, and both ingress and egress locations indicated.
The location and type of all outdoor lighting proposed to illuminate the site.
Total number of parking spaces noted.
The type, construction materials, size, and location of all structures with all building dimensions shown.
Indicate height of buildings.
Existing and proposed street names indicated.
Indicate existing and proposed public street rights-of-way and reservations and widths.
Indicate and locate all easements on the subject property.
North arrow shown.
Locate existing and general location of proposed sanitary sewers, storm sewers, water mains and fire hydrants (existing and proposed), and proposed electrical service easements. In addition, all locations for the proposed connections to such utilities should be indicated on the site plan.
Location of any proposed stormwater management facilities, including detention/retention areas.
Location of existing trees over six inches in diameter.
Note location, extent, and type of proposed landscaping and landscape plantings as well as any proposed buffer areas for adjoining properties.
Location of pedestrian sidewalks and walkways.
A graphic outline of any development staging that is planned.
If the development abuts an existing or planned arterial street or highway, as identified on the Village Master Plan or component thereof, all driveway locations of all adjoining property within 200 feet of the subject property shall be indicated on the site plan.
Written project summary, including operational information, building schedule, and estimate or project value, including all site improvement costs.
Architectural front elevation drawing and a description of building materials.
Other data that may be required by either the Village staff or Village Plan Commission to review the site plan.
Application. The applicant for a zoning permit shall also submit 10 copies of the site plan to the Village Engineer at least 28 days prior to action by the Plan Commission. Plans submitted under this section shall include a minimum of five plan sets of full-scale plan sheets with sufficient detail to provide all required dimensions and other pertinent information. The remaining plan sets may be reduction printed on 17-inch by 11-inch sheets.[1]
[1]
Editor's Note: Original Subsection (c), Reimbursement of consulting and legal fees, which immediately followed this subsection, was repealed 12-2-2002 by Ord. No. 02-12-01.
Requirements. In acting on any site plan, the Plan Commission shall consider the following:
The appropriateness of the site plan and buildings in the relation to the physical character of the site and the usage of adjoining land areas.
The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.
The adequacy and appearance of the completed site. The Plan Commission may require that those portions of all front, rear, and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants, or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties or impair the intent or purposes of this section.
Effect on municipal service. Before granting any site approval, the Plan Commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Village Engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. If additional facilities are needed, the Plan Commission shall forward its recommendations to the Village Board and shall not issue final approval until the Village Board has entered into an agreement with the applicant regarding the development of such facilities.
Application fee. All applicants for site plan review shall be accompanied by payment of a site plan review fee as specified by the Village Board from time to time.
§ 280-22 Administrative fees.
[Added 12-2-2002 by Ord. No. 02-12-01]
Any person requesting Village review or approval under this chapter shall reimburse the Village for all costs and fees, including reasonable administrative, engineering and legal review fees, incurred by the Village in connection with reviewing or approving the request. This provision shall apply to all requests or applications for zoning approval, amendments to this chapter, rezonings, conditional uses, planned development districts, site plan reviews, variances, appeals, interpretive rulings and other similar review requests. This provision shall not apply to requests or applications initiated by the Village Plan Commission, Village Board, Village Zoning Administrator or Board of Appeals. The Village Clerk/Treasurer shall notify the person, in writing, of the expenses due and payable under this provision and payment shall be made to the Village within 10 days of receipt of the notice. The fees imposed under this provision are in addition to any other fees, expenses or obligations imposed by this or other applicable ordinances.