Birnamwood Village City Zoning Code
ARTICLE II
General Provisions
§ 255-12 Compliance.
Except as may be otherwise specifically provided, the use, size, height and location of buildings now existing or hereafter erected, converted, enlarged or structurally altered; the provisions of open spaces and the use of land shall be in compliance with the regulations established herein for the district in which such land or building is located.
§ 255-13 Permits.
A.
Purpose of permits. The primary purpose of issuing permits is to insure compliance with provisions of this chapter.
B.
Land use permit. No structure shall be built, moved or structurally altered until a land use permit has been issued by the Planning Administrator.
C.
Conditional use permit.
(1)
When the use being applied for is listed as a conditional use, the Planning Administrator shall issue a conditional use permit in lieu of the land use permit.
(2)
This permit shall be issued only after approval from the Planning Committee, after a public hearing and after provisions of the conditional use article of this chapter have been complied with. The Planning Committee may attach certain conditions that shall be met as a condition of approving the permit.
D.
Application procedure. Applications for a land use permit or a conditional use permit shall be made in duplicate to the Planning Administrator on forms furnished by his office and shall include the following where applicable:
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer, and/or contractor.
(2)
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 occupants or employees; and the zoning district within which the subject site lies.
(3)
Location sketch prepared by applicant if the subject site is part of a recorded subdivision or plat of survey prepared by a professional land surveyor if subject site is not part of a recorded subdivision, showing the location, boundaries, dimensions, 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; and existing and proposed street, side and rear yards.
(4)
Proposed sewage disposal plan if Village sewerage service is not available. This plan shall be approved by the Planning Administrator, who shall certify in writing that satisfactory, adequate, and safe sewage disposal is possible on the site in accordance with applicable local, county, and state regulations.
(5)
Proposed water supply plan if municipal water service is not available. This plan shall be approved by the Planning Administrator, who shall certify in writing that an adequate and safe supply of water will be provided.
(6)
Additional information as may be required by the Village Planning Committee or the Planning Administrator.
(7)
Receipt for a fee in an amount as set from time to time by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Expiration. An application for a land use permit shall be granted or denied in writing by the Planning Administrator within 30 days. If denied, the reasons for such denial shall clearly appear upon the face of the notification of denial. The permit shall expire within six months unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.
F.
Certificate of compliance:
(1)
No building or addition thereto constructed after the effective date of this chapter and no addition, alteration, reconstruction, extension, enlargement, conversion, or structural alteration to a previously existing building shall be occupied or used for any purpose until a certificate of zoning compliance has been issued by the office of the Planning Administrator. No change in a use shall be made until a certificate of zoning compliance has been issued by the office of the Planning Administrator. Every certificate of zoning compliance shall state that the use or occupancy complies with all the provisions of this chapter.
(2)
No certificate of zoning compliance for a building or portion thereof constructed after the effective date of this chapter shall be issued until construction is substantially completed and the premises inspected and certified by the office of the Planning Administrator to be in conformity with the plans and specifications upon which the land use permit was issued.
§ 255-14 Site restrictions.
§ 255-15 Exemptions.
A.
The following uses are exempted by this chapter and permitted in any district: poles, towers, wires, cables, conduits, vaults, laterals, pipe, mains, valves or any other similar distributing equipment for telephone or other communications and electric power, gas, water and sewer lines.
B.
The provisions regarding filling, grading, tree cutting and work in respect to waterways shall not apply to the construction and repair of public roads, flood control structures, or conservation practices, such as terracing, installation of diversions, grass waterways, subsurface drainage, non-navigable drainage ditches, stream stabilization by riprapping or vegetative cover, ponds used for agriculture purposes or nonfloating docks accessory to private dwellings.
§ 255-16 Use regulations.
A.
Uses restricted. In any district no building or land shall be used and no building shall be hereafter erected, structurally altered or relocated except for one or more of the uses as hereinafter stated for that district and in compliance with the regulations hereinafter established for that district.
B.
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; gardening; servant's, owner's, and watchman's quarters not for rent; private swimming pools and private emergency shelters.
C.
Temporary uses. Uses such as real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Board of Appeals.
D.
Unclassified uses. In case of a question as to the classification of a use, the question shall be submitted to the Planning Committee for determination.
§ 255-17 Visual clearance.
In each quadrant of every street intersection there shall be designated a vision clearance triangle, bounded by the inner street lines and a line connecting them 25 feet from their intersection. Within this triangle, no object shall be allowed above the height of 2 1/2 feet above the streets if it obstructs the view across the triangle. This provision shall not apply to tree trunks, posts or wire fences.
§ 255-18 Height regulation exceptions.
The district height limitations stipulated elsewhere in this chapter may be exceeded but the modification shall be as follows:
A.
Architectural projections, such as church spires, belfries, cupolas, domes, and chimneys, shall not exceed in height their distances from the nearest lot line.
B.
Communications structures, such as transmission towers, radio towers, aerials and observation towers, shall not exceed a height twice their distance from the nearest lot line.
C.
Special structures, such as elevator penthouses, grain elevators, manufacturing equipment, substations, and smokestacks, shall not exceed in height twice their distance from the nearest lot line.
D.
Electric power and communications transmission lines are exempt from the height limitations of this chapter.
E.
Public buildings, such as schools, churches, hospitals, sanatoriums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased one foot for each foot the structure exceeds the district's maximum height.
§ 255-19 Area regulations.
A.
Lot 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.
B.
Substandard lots.
(1)
In any residential or agricultural 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. Required yards shall only be modified upon appeal to the Board of Appeals.
(2)
Such lot or parcel shall be in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter. If in separate ownership, all the district requirements shall be complied with as practical.
§ 255-20 Nonconforming uses, structures and lots.
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, however:
(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)
Total lifetime structural repairs or alterations shall not exceed 50% of the Village's assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
(3)
Substitution of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
(4)
Pursuant to § 62.23(7)(hc), Wis. Stats., and notwithstanding any other provision of this chapter, a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored to, or replaced at, the size, location, and use that it had immediately before the damage or destruction occurred, and no limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Abolishment or replacement. 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 fire, explosion, flood, the public enemy, or other calamity, to the extent of more than 50% of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter. A current file of all nonconforming uses shall be maintained by the Building Inspector, listing the following: owner's name and address; address of site, use of the structure, land or water; and assessed value at the time of its becoming a nonconforming use.
C.
Existing nonconforming structures. The 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 and 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.
§ 255-21 Accessory uses and structures.
A.
Location:
(1)
Accessory uses and 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.
(2)
An accessory building, structure or use on a corner lot, a reversed corner lot or a through lot shall be set back from the property line adjoining a street the distance required for a front yard unless otherwise required herein for a specific permitted or conditional use.
§ 255-22 Yard regulations.
A.
Average front yards. The required front yards may be decreased in residential and commercial districts to the average of the existing front yards of the abutting structures on each side but in no case less than 15 feet in residential districts.
B.
Frontage and lot width. The frontage may be reduced to 40 feet for lots abutting the exterior street line of curved streets or cul-de-sacs, provided the side lot lines are perpendicular to the street lines and the lot widens to the required width not more than 100 feet from the street line.
C.
Yard modifications. The yard requirements specified elsewhere in this chapter may be modified as follows:
(1)
Uncovered stairs, landings, fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line.
(2)
Residential fences may be permitted on rear and side yard property lines not to exceed six feet, except that between any street line and the setback line for said street the height shall not exceed four feet.
(3)
Security fences are permitted on the property lines in all other districts but not to exceed 10 feet in height.
(4)
Off-street parking is permitted in all yards of the commercial districts but shall not intrude upon the visual clearance triangle.
(5)
Landscaping and vegetation are exempt from the yard requirements of this chapter.
§ 255-23 Sewage disposal requirements.
Sewage disposal facilities shall be connected to the sewage disposal system of the Village. In any district where public sewage service is not available, no building permit shall be issued unless the width and area of the lot be sufficient to permit the use of an on-site sewage disposal system designed in accordance with the rules of the Department of Safety and Professional Services contained in Ch. SPS 385, Wis. Adm. Code, for subdivisions not served by public sewer. In no case, however, shall the minimum lot size required in the zoning district in which such structure is to be located be reduced below the specified minimum.
§ 255-24 Livestock regulations.
No poultry or livestock shall be housed or confined within 150 feet of any residential structure.
§ 255-25 Violations.
It shall be unlawful to construct any structure or building or to use any structure, building, land or water in violation of any of the provisions of this chapter. In case of any violation, the Village Board, the Building Inspector, the Village Planning Committee, or any property owner who would specifically be damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.
§ 255-26 Penalties.
Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $10 nor more than $200 for each violation and, in default of payment of such forfeiture and costs, shall be imprisoned in the Shawano County Jail until payment thereof for a period not to exceed 30 days. Each day a violation exists or continues shall constitute a separate offense.