Applications for a zoning permit shall be made on forms furnished by the Village Administrator and shall include the following where applicable:

The zoning permit applicant shall pay a fee to the Village Treasurer equal to the amount specified in the Village Park Fee Schedule. All zoning permit applications for undeveloped parcels shall submit the park improvement fees based on total number of dwelling units in accordance with the Village Park Fee Schedule. The park improvement fee schedule shall be adjusted annually as of January 1 of each year by the Zoning Administrator utilizing the Consumer Price Index, Midwest, as prepared by the U.S. Bureau of Labor Statistics. In the event this data set is no longer available, the Zoning Administrator shall utilize the Consumer Price Index deemed most similar by the Zoning Administrator. The base fee may be reset at the discretion of the Village Board.

The park improvement fee shall be paid above and beyond any fees in lieu of parkland development, if applicable.

The collected fees shall be utilized to construct park facilities that serve the parcel(s). The Village Board shall give priority to establishing neighborhood park facilities according to the most recent Parks and Open Space Plan, community parks serving the Village as a whole, and the generally accepted standards prior to the expenditure for park facilities. The collected fees shall go into a special segregated fund for park development.

The zoning permit shall be granted or denied in writing by the Village Board within 60 days or, in those cases where site plan approval (§ 325-112) is required, within the time frame specified by that process. The permit shall expire within six months unless substantial work is commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.

The provisions of this chapter shall be enforced by the Village Administrator, who shall be known as the Zoning Administrator for the purposes of this chapter. It shall be his/her duty to advise the zoning permit applicant that he/she must proceed with site approval (Article IV); to keep a record of all applications for zoning permits issued with a notation of any complications of such zoning permits; and a record of all such permits issued, with a notation of any conditions that may have been imposed by the Village Board or Zoning Board of Appeals under the provisions of Article VIII of this chapter. The Village Administrator shall file and safely keep copies of all plans submitted.

The Village Administrator shall also keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent to each such complaint. All such records and plans shall form a part of the records of the office and shall be available for the use of the Village Board and of other official agencies and officials of the Village of Cottage Grove.

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 the 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 so desires. Thereafter, the Village Board may affirm, modify or withdraw its determination of unsuitability.

All lots shall abut upon a public street, and each lot shall have a minimum frontage and area as set forth in the Summary of Bulk Standards.[1]

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 permit shall be issued for any lot that abuts an undedicated portion of a public street. A zoning permit may be issued at such time as the entire width of that public street has been dedicated.

Private sewer and water. In any district where a public water service or public sewerage service is not available, the width and area shall be determined in accordance with Section H 65 of the Wisconsin Administrative Code, but single-family dwellings shall have no less than 100 feet frontage and no less than 20,000 square feet lot area.

Land uses permitted by right. Land uses listed as permitted by right are permitted per the general land use requirement of this chapter; per the general requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay zoning districts as designated on the Official Zoning Map; per the general requirements of this chapter, including § 325-112; and per any and all other applicable Village, county, state and federal regulations.

Land uses permitted as a conditional use. Land uses listed as permitted as a conditional use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in § 325-49 (Detailed land use descriptions and regulations), including any additional requirements imposed as part of the conditional use process. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. (See also § 325-111 for conditional use procedures.)

Land uses permitted as an accessory use. Land uses permitted as an accessory use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in § 325-49 (Detailed land use descriptions and regulations).

Land uses permitted as a temporary use Land uses listed as permitted as a temporary use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in § 325-49 (Detailed land use descriptions and regulations).

Land uses not listed in a specific zoning district are not permitted in such zoning district, except as legal nonconforming uses.

Although a land use may be indicated as permitted by right or permitted as a conditional use in a particular district, it does not follow that such a land use is permitted or permissible on every parcel in such district. No land use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the standards and regulations of this chapter which are applicable to the specific land use and parcel in question or unless an appropriate variance has been granted pursuant to § 325-113.

Land use regulations and requirements. All uses of land shall comply with all the regulations and requirements of this chapter pertaining to the types of uses to which land uses within particular zoning districts. Such regulations and requirements address both general and specific regulations which land uses shall adhere to and which are directly related to the protection of the health, safety and general welfare of the residents of the Village of Cottage Grove and its environs.

Density and intensity regulations and requirements. All development of land shall comply with all the regulations and requirements of this chapter, pertaining to the maximum permitted density (for residential land uses) and intensity (for nonresidential land uses) of land uses. Such regulations and requirements address issues such as floor area ratios (FARs) and landscape surface ratios (LSRs), which are directly related to, and are a critical component of, density and intensity and the protection of the health, safety and general welfare of the residents of the Village of Cottage Grove and its environs.

Bulk regulations and requirements. All development of land shall comply with all the regulations and requirements of this chapter pertaining to the maximum permitted bulk of structures and the location of structures on a lot. Such regulations and requirements address issues such as height, setbacks from property lines and rights-of-way and minimum separation between structures, which are directly related to, and a critical component of, the effective bulk of a structure and the protection of the health, safety and general welfare of the residents of the Village of Cottage Grove and its environs.

Landscaping and bufferyards regulations and requirements. All development of land shall comply with all the regulations and requirements of this chapter pertaining to the provision of landscaping and bufferyards. Such regulations and requirements address issues such as minimum required landscaping of developed land and minimum required provision of bufferyards between adjoining zoning districts and/or development options, which are directly related to, and a critical component of, the effective bulk of a structure and the protection of the health, safety and general welfare of the residents of the Village of Cottage Grove and its environs.

Performance standards and requirements. All development of land shall comply with all the regulations and requirements of this chapter pertaining to the provision of appropriate access, parking, loading, storage and lighting facilities. Such regulations and requirements address issues such as maximum permitted access points, minimum required parking spaces and maximum permitted intensity of lighting, as well as defining acceptable levels of potential nuisances such as noise, vibration, odors, heat, glare and smoke, which are directly related to, and a critical component of, the protection of the health, safety and general welfare of the residents of the Village of Cottage Grove and its environs.

Signage regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of this chapter pertaining to the type and amount of signage permitted on property. Such regulations and restrictions address issues such as the maximum area of permitted signage and the number and types of permitted signage, which are directly related to, and a critical component of, the protection of the health, safety and general welfare of the residents of the Village of Cottage Grove and its environs.

Procedural regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of Article VIII pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements and are directly related to, and a critical component of, the protection of the health, safety and general welfare of the residents of the Village of Cottage Grove and its environs. At a minimum, all development shall be subject to the requirements of § 325-112.

Number of buildings per lot. In the RH, SR-3 and SR-4 Districts, only one principal building shall be permitted on any one lot. In the TR-8, MR-10, MR-12, NO, PO, NB, PB, CB, PI, GI and HI Districts, more than one principal building shall be permitted on any one lot upon the granting of a conditional use permit for a group development in compliance with § 325-50.

Number of land uses per building.

Division or combining of a lot. No recorded lot shall be divided into two or more lots, and no two or more recorded lots shall be combined into one or more lots, unless such division or combination results in the creation of lots, each of which conforms to all of the applicable regulations of the zoning district in which said lot is located (as set forth in this chapter). (See also the Land Division Regulations.)

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.

Wellhead protection. Uses in any district within the Village Ground Water Protection Overlay District must conform to the requirements of Chapter 317, Wellhead Protection, or must obtain exemption or waiver.

Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:

Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:

Noise. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this chapter.

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; provided, however, that:

Abolishment or replacement.

Existing nonconforming structures. A 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 or so as to comply with the provisions of this chapter.

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. Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Zoning Board of Appeals.

Substandard lots. In any residential 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, provided that the area, the width and the depth of such existing lot shall be no less than 80% of the required minimum set forth in Article IV of this chapter.

Substandard lot exemption. An exception from this chapter found in § 325-24A, C and E may be granted for existing residences on lots which meet 80% of the width requirement. Improvements may be permitted to a residence on such a substandard lot where the primary building, with improvements, meets all setback requirements and complies with all other zoning requirements that are applicable to the district in which the residence lies, and the substandard lot's area is no less than 80% of the required minimum set forth in Articles III through IV of this chapter. Additionally, the percentage maximum lot coverage shall not exceed 30%.