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Combined Locks Village
City Zoning Code

ARTICLE II

General Provisions

§ 580-9 Applicability.

The regulations set forth herein in this article shall supplement or modify the regulations set forth in Article III, Zoning Districts.

§ 580-10 Jurisdiction ; compliance.

A. 
Jurisdiction. The jurisdiction of this chapter shall include all lands and water within the corporate limits of the Village of Combined Locks, Wisconsin.
B. 
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 or structurally altered without full compliance with the provisions of this chapter and all other applicable Village, county and state regulations.

§ 580-11 Lots and yards.

A. 
No more than one building on a lot. Every principal building hereafter erected, converted, or enlarged or structurally altered in a residential district shall be located on a lot; and in no case shall there be more than one principal building on a lot, unless authorized as stated in Subsection I of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Through lots. On through lots or lots with double frontage, the required yard shall be provided on each street. On corner lots the street side yard shall equal the required front yard for lots fronting on that street.
C. 
Development in mapped streets. Where an official line has been established for the future widening or opening of a street, the depth of a front yard or the width of a side yard shall be measured from such official line to the nearest line of the building.
D. 
Access. Every building housing a principal use hereafter erected or moved shall be on a lot with direct access to a public street and all such buildings shall be so located as to provide safe and convenient access for servicing and off-street parking.
E. 
Building groups. In any nonresidential district, a group of buildings separated only by common or party walls shall be considered as one building.
F. 
Yard encroachments. Every part of every required yard shall be open and unobstructed from 30 inches above the general ground level of the graded lot upward to the sky except as hereinafter provided or as otherwise permitted in this chapter:
(1) 
Eaves. Roof eaves may project into a required side yard not more than three feet where the required side yard is eight feet or more in width. Roof eaves may project into a required side yard not more than two feet where the required side yard is less than eight feet.
(2) 
Sills. Sills, belt courses, cornices, vertical solar screens and other ornamental features may project not over one foot into a required yard.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Stairways and balconies. Fire escapes, stairways, and balconies whether unroofed, open and unenclosed or enclosed shall not intrude into required yards.
(4) 
Solar collectors. Solar collectors which are part of the principal building may extend into a required rear yard for a distance not to exceed 10 feet, and solar collectors may extend into a required side yard, provided that they have a minimum seven-foot clearance from grade, and provided further that such extension shall be at least five feet distant from the adjacent lot line and shall not extend more than three feet from the building.
G. 
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 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 Village Board, 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 if he/she so desires.
H. 
Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 30 feet at the building line; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.
I. 
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 may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.
J. 
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.
K. 
Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands, and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Village Board; or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
L. 
Decks. For purposes of this chapter, decks shall be considered a part of a building or structure.

§ 580-12 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.

§ 580-13 Common open space.

A. 
Nature. Common open space shall not include street rights-of-way, driveways, parking areas or yards required in connection with any building.
B. 
Buildings and structures. Common open space areas may contain complementary buildings and structures appropriate for the recreational use and enjoyment of the residents of the development for which it was established.
C. 
Dedication. When common open space or any portion thereof is approved for dedication, and complementary improvements are completed and accepted, a deed shall be conveyed to the Village and the supervision and maintenance shall be the responsibility of the Village.
D. 
Reservation. When common open space or any portion thereof is to be reserved for the exclusive use and enjoyment of the residents of the development from which it was established, the developer shall establish conditions as to the ownership, maintenance, and use of such areas as deemed necessary by the Village to assure preservation of its intended purposes. Land designated as common open space shall be restricted by appropriate legal instrument satisfactory to the Village Attorney as open space perpetually or for a period of not less than 99 years. Such instrument shall be binding upon the developer, his successors and assigns, and shall constitute a covenant running with the land, and be in recordable form.
E. 
Maintenance. In the event that common open space is improperly maintained, the Village may serve written notice upon any property owner or association setting forth the manner in which such property owners or association has failed to maintain the common open space and demand maintenance deficiencies to be corrected within 30 days. If the deficiencies as originally set forth or subsequently modified are not corrected within 30 days, the Village may enter upon such common open space and current maintenance deficiencies. The cost of such maintenance shall be assessed ratable against the properties within the development that have the right to use the area and shall become a tax lien on said properties. The Village at the time of entry shall file notice of any liens in the office of the Village Administrator.

§ 580-14 Landscaped buffer.

A. 
Generally. The use of properly planted and maintained buffer areas may reduce and ease potential incompatibility between and among different uses of land in proximity to each other.
B. 
Requirements. Where this chapter require a landscaped buffer area, the following requirements shall be met:
(1) 
The landscaped buffer area shall not be less than eight feet in width measured at right angles to property lines and shall be established along the entire length of and contiguous to the designated property line or lines.
(2) 
The area shall be so designed, planted and maintained as to be 75% or more opaque between two and six feet above average ground level when viewed horizontally.
(3) 
Types and numbers of plantings for landscaped buffers shall be submitted with application for a building permit or special exception, along with plans and statements demonstrating how the buffer will be maintained in the future.
(4) 
Plantings shall be of a size and type which will insure the meeting of the 75% opacity requirement within no longer than 12 months of the date of the first planting.
(5) 
Failure to maintain the landscaped buffer area as set out above shall be a violation of this chapter.
C. 
Substitution for landscaped buffer area. Except when otherwise specifically provided by this chapter, a six-foot-high opaque structure set in a six-foot-wide landscaped buffer area may be substituted for the six-foot-high planted buffer above. If such opaque structure is of nonliving material, for each 10 feet thereof, an average of one shrub or vine shall be planted abutting such barrier but need not be spaced 10 feet apart. Such shrubs or vines shall be planted along the outside of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscaping.
D. 
Sight distance. When an accessway intersects a public right-of-way, all landscaping or structures shall provide unobstructed cross-visibility at a level between 2 1/2 feet and six feet within the areas of property on both sides of the accessway formed by the intersection of each side of the accessway and public right-of-way lines with two sides of each triangle being 10 feet in length from the point of intersection and the third side being a line connecting the ends of the two other sides. No structure of landscaping except required grass or ground cover shall be located closer than three feet from the edge of any accessway pavement.