Cedar Grove Village
City Zoning Code
City Zoning Code
ARTICLE I
Introduction; Definitions; General Provisions
§ 250-1 Introduction; authority, purpose and interpretation.
A.
This chapter is enacted under the authority granted by §§ 61, 66, 87, and 281, Wis. Stats.
B.
The purpose of this chapter is to adopt minimum requirements to promote the health, safety, morals, prosperity, aesthetics and general welfare of the Village; to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; and for such purposes to divide the Village into districts of such number, shape and area as are deemed best suited to carry out such purposes.
C.
It is not the intent of this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall apply.
D.
The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be construed in favor of the Village and shall not be deemed a limitation or repeal of any power granted by the Wisconsin Statutes.
E.
All ordinances or parts of ordinances of the Village consistent or conflicting with this chapter, to the extent of their inconsistency only, are hereby repealed.
F.
This chapter shall be known as, referred to, or cited as "Zoning Ordinance, Village of Cedar Grove, Wisconsin."
G.
This chapter shall be effective after notice, publication, hearing and adoption by the Village Board.
§ 250-2 Definitions.
For the purpose of this chapter, certain words are defined as follows. Words used in the present tense include the future; the singular number includes the plural number and the plural number includes the singular. The word "building" includes the word "structure"; the word "shall" is mandatory and not directory.
ACCESSORY BUILDING
A building or portion of a building subordinate to the main building but not part of the main building and used for a purpose customarily incidental to the permitted use of the main building.
ALLEY
A street or thoroughfare affording only secondary access to abutting property.
BASEMENT
That portion of any structure located partly below the average adjoining lot grade.
BUILDING
Any structure used, designed, or intended for the protection, shelter, enclosure or support of persons or property.
BUILDING, HEIGHT OF
The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deckline of a mansard roof, or to the average height of the gable of a gambrel, hip or pitch roof.
CONDITIONAL USE
A use of land, water or building which is allowable only after the issuance of a special permit by the Planning Commission under conditions specified in this chapter.
CORNER LOT
A lot abutting two or more streets at their intersection.
DENSITY
Number of living units per acre allowable under the schedule of district regulations.
DWELLING, MULTIFAMILY
A building or portion thereof designed for and occupied by two or more families.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively by one family. Excludes mobile home units.
FAMILY
A group of persons related by blood or marriage and living together as a single housekeeping entity.
FLOODPLAIN
The land adjacent to a body of water which is subject to periodic overflow therefrom.
FLOODWAY
The channel of a stream and such adjacent portions of the floodplain as are required to accommodate flood flow.
FLOOR AREA
Area in square feet of all floors in all buildings, including elevators and stairways measured from outside of exterior wall to outside of exterior wall and multiplied by the number of floors. Includes basements which are used in the primary function of the building.
FLOOR AREA RATIO
The square footage of floor area on all floors for each square foot of lot area.
FRONTAGE
The smallest dimension of a lot abutting a public street measured along the street line.
GARAGE, PRIVATE
An accessory building or space for the storage of not more than three motor-driven vehicles per dwelling.
GARAGE, PUBLIC
Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
GARAGE, STORAGE
Any building or premises used for storage only of motor-driven vehicles and where no vehicles are serviced, repaired, hired or sold.
HOME OCCUPATION
A gainful occupation conducted by members of the family only, within their place of residence, provided that no article is sold or offered for sale on the premises except such as is produced by such occupation, that no stock-in-trade is kept or sold, that no mechanical equipment is used other than such is permissible for purely domestic purposes and that no person other than a member of the immediate family living on the premises is employed.
HOTEL or MOTEL
A building in which lodging, with or without meals, is offered to transient guests for compensation.
LIVING SPACE RATIO
The square footage of open space, less the space used for vehicular movement, that exists for each square foot of building floor area.
LOADING AREA
A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
LOT
A parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory building together with the open space required by this chapter and on a public street.
LOT LINES
The lines bounding lots as defined herein.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot lines.
MINOR STRUCTURES
Any small, movable accessory erection or construction such as birdhouses; tool houses; pethouses; play equipment; arbors; and walls and fences under four feet in height.
MOBILE HOME
Any vehicle designed, used or so constructed as to permit its being used as a conveyance upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a residence or sleeping place for one or more persons.
NONCONFORMING USE
A building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereto, which use of occupancy does not conform to the regulations of this chapter or any amendments thereto.
OPEN SPACE
Total area in square feet of all uncovered open space of the land area within the site to be developed plus 1/2 of covered open spaces such as park shelters and carports.
OPEN SPACE RATIO
The square footage of site open space provided for each foot of building floor area.
RECREATION SPACE
Total area in square feet which is countable as open space but is not paved in streets, walks or driveways and is suitable for recreational pursuits. The smallest countable recreation area is 1,000 square feet. That part of a recreation area having a dimension of less than 20 feet shall not be included as countable recreation space.
RECREATION SPACE RATIO
The square footage of space for active recreation provided for each square foot of building area.
REVERSE CORNER LOT
A lot in which the frontage is at right angles, or approximately right angles, to the general pattern in the area involved.
SETBACK
The minimum horizontal distance between the street line and the nearest point of a building or any projection thereto.
SIGN
Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trade marks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.
STORY
That portion of a building included between the surface of a floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STREET
All property dedicated or intended for public or private street purposes or subject to public easements.
STREET LINE
A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building or any substantial change in the roof or in the exterior walls.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground.
VISION CLEARANCE
An unoccupied triangular space at the corner of a corner lot which is bounded by the street lines and a setback line connecting points determined by measurements from the corner of each street line.
WATERLINE
The shortest straight line at the waterfront end of a stream lot that lies wholly within the lot, provided that not less than 75% of the length of such waterline shall be on, or on the landward side of, the normal high-water mark of such stream.
YARD
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, FRONT
A yard extending the full width of the lot between the front lot line and the nearest part of the main building.
YARD, REAR
A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building.
YARD, SIDE
A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.
§ 250-3 General provisions.
A.
Jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Village.
B.
Sewage disposal facilities shall be connected to the sewage disposal system of the Village. In any district where public sewage service is not available, the width and area of all lots shall 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 383, Wis. Adm. Code. 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and use of any land shall be in compliance with the regulations established herein for the district in which such buildings or land are located.
D.
No lot shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met.
E.
No part of the yard or open space required for a given building shall be included as a part of the yard or other space required for another building and no lot shall have more than one principal building.
F.
Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings and the ordinary projections of sills, cornices and ornamental features projecting not more than 48 inches; except that in commercial areas as permanent awning and its accessory columns or struts may project not more than five feet into a required front or side yard.
G.
Open or enclosed fire escapes may project into a required yard not more than five feet and into a required court not more than 3 1/2 feet, provided it be so located as not to obstruct light or ventilation.
H.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, silos, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts or aerials 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 the Village.
I.
In each quadrant of every street intersection there shall be designed a vision clearance triangle, bounded by the inner street lines and a line connecting them 35 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.
J.
In any commercial or industrial district, sufficient space for the loading or unloading of vehicles shall be provided on the lot in connection with any commercial or industrial use so that the public street shall at all times be free and unobstructed to the passage of vehicular and pedestrian traffic.
(1)
Such space shall be provided as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Gross Floor Space Required in Terms of Square Feet of Gross Floor Area | Loading and Unloading Space |
|---|---|
0 to 1,500 | None |
1,501 to 10,000 | 1 space |
10,001 and more | 1 space plus 1 space for each 20,000 square feet in excess of 10,001 square feet |
(2)
All spaces shall be of at least 10 feet by 50 feet, or 500 square feet in area, with a clearance of at least 14 feet in height.
K.
Off-street parking for other than residential uses shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot.
L.
No parking lot shall be constructed or reconstructed unless and until a building permit is issued. Applications for a permit shall be submitted with two copies of plans for the development and construction of the parking lot. Adequate ingress to the parking lot shall be provided and all parking spaces shall be provided adequate access by means of maneuvering lanes. Provision of adequate ingress and egress shall receive review and approval of the Village Engineer or such other officials as may be designated by the Village Board.
M.
All open off-street automobile parking areas either created or redesigned and rebuilt subsequent to the adoption of this chapter, containing two or more rows of parking stalls and an area of 10,000 square feet or more, shall provide and maintain canopy-type shade trees along with other forms of vegetation hardy to this region, in tree islands and planting strips totaling not less than 3% of the surfaced parking area. The minimum size of each tree island or planting strip shall be not less than 50 square feet. The size, type and location of the islands and planting strips and the plant material shall be indicated on the plans required for obtaining a building permit.
N.
The following table of parking requirements for various uses shall be applied to all new developments. Allocation of parking areas should be indicated on the plans required for obtaining a building permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Uses | Parking Requirements |
|---|---|
Single-family residential | 2 space per dwelling units |
Elementary schools | 1 space per 2 employees |
Jr. or Sr. high school | 1 space per 2 employees, plus 1 space per 10 students |
Libraries | 1 space per 800 gross square feet |
Auditoriums | 1 space per 8 seats |
School gyms, stadiums, etc. | 1 space per 8 seats |
Institutions for care of the aged | 1 space per 4 beds, plus 1 space per 2 employees, plus 1 space per doctor on staff |
Hospitals | 1 space per 2 beds, plus 1 space per 2 employees, plus 1 space per doctor on staff |
Mobile home parks | 2 space per lot |
Philanthropic and charitable uses | 1 space per 2 employees, plus adequate number to serve public (as determined by Building Inspector) |
Public utilities and service uses | 1 space per 2 employees, plus adequate number to serve public (as determined by Building Inspector) |
Private clubs | 1 space per lodging room, plus spaces equal to 30% of capacity in persons |
Noncommercial community center | Parking spaces equal to 30% of capacity in persons |
Radio and TV stations | 1 space per 2 employees |
Churches, etc. | 1 space per 6 seats |
Apartment hotels | 1 space per dwelling unit |
Boardinghouses, etc. | 1 space per 3 rooming units, plus 1 space for manager |
Multifamily residential | 1.2 spaces per dwelling unit, except that in housing developments for the elderly this ratio shall be .5 spaces per dwelling unit |
Taverns and restaurants | Parking space equal to 30% of capacity in persons |
Service stations | 1 space per 2 employees plus 1 space for manager |
Resorts | 1 space per 2 employees plus equal to 20% of capacity or 1 space per rental unit, whichever is greater |
Bowling alleys | 5 space per alley plus 1 space per 300 gross feet used for bars, restaurants, etc. |
Travel trailer parks | 1 1/2 space per travel trailer site |
Campgrounds | 1 space per campsite |
Pool halls, dance halls, pools, skating rinks, etc. | Parking space equal to 30% of the capacity in persons |
Medical and dental clinic | 3 space per staff member |
Auto sales | 2 space per employees |
Post office | 1 space per 2 employees, plus 1 space for 300 gross square feet, in excess of 4,000 square feet |
Commercial schools (music, dance, etc.) | 1 space per 2 employees, plus 1 space per 5 students |
Indoor theater | 1 space per 6 seats up to 400 seats, plus 1 space per each 4 seats over 400 |
Funeral parlors | 8 space per chapel of parlor, plus 1 space per funeral vehicle |
General commercial district | 1 space per 200 gross square feet in excess of 2,000 square feet or 6 space for each 1,000 gross square feet in integrated center |
Animal hospitals and kennels | 2 space per employees |
Car wash | 1 space per 3 employees plus 1 space for manager plus space equaling 5 times that capacity of the wash |
Cartage and express facilities | 1 space per vehicle operated plus 1 space per 2 employees |
Contractor or construction office | 1 space per 1 employee |
Laundries | 1 space per 3 employees |
Printing and publishing | 1 space per 3 employees |
Warehousing and wholesaling | 1 space per 3 employees |
Hotels | 1 space per 3 rooms |
Laboratories | 1 space per 3 rooms |
Motels | 1 space per unit plus 1 space for manager |
Riding stables | 1 space per 1 employee and enough additional space for public (as determined by the Planning Commission) |
General industry | 1 space per 1.3 employees (maximum number of employees at 1 time in plant) |
O.
Reversed corner lots shall have a front yard of the required depth on either frontage and a second front yard of 1/2 the depth generally required for front yards in the district shall be provided for the other frontage.
P.
Regular corner lots shall have a front yard of required depth in accordance with the prevailing yard pattern and a second front yard of 1/2 the depth required generally for front yards in the district shall be provided on the other frontage.
Q.
Notwithstanding any other provision in this Code, there will be no provision for six-month reversion on any zoning changes within the residential zoning classification.
