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Footville Village City Zoning Code

§ 370-2

General provisions.

A. 
By adoption of this chapter, no lot area shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met. However, where existing lots do not satisfy such requirements, the Board of Appeals (as provided in a succeeding section of this chapter) may grant a variance.
B. 
Setback, lot size, and other dimensional requirements applicable to the various zoning districts are indicated on the Official Zoning Map.
C. 
Accessory buildings shall not occupy more than 30% of the required area for the rear yard. Any accessory building projected forward of the rear building line of the principal building shall satisfy the same yard requirements as the principal building.
D. 
Every part of the required area of a yard shall be open to the sky unobstructed, excepted for accessory buildings and the ordinary projections of sills, cornices and ornamental features. Fire escapes may project into a required yard area not more than five feet.
E. 
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 35 feet from their intersection. Within this triangle, no object shall be allowed above a height of 2 1/2 feet above the streets if it obstructs the view across the triangle. This section shall not apply to tree trunks, posts or wire fences.
F. 
All lots shall abut upon a public street, and each lot shall have a minimum frontage of at least 30 feet.
G. 
No lot shall have more than one principal building.
H. 
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.
[Added 7-7-1994 by Ord. No. 7-7-94]
I. 
Garages and accessory buildings in a residential district or on a lot where the principal use is residential shall conform to the following:[1]
[Added 7-6-1995 by Ord. No. 7-6-95A; amended 2-7-2002 by Ord. No. 02-07-02; 7-11-2019 by Ord. No. 438]
(1) 
No detached garage shall be less than 240 square feet.
(2) 
Detached garages and accessory buildings shall not, in total be more than 10% of the total lot area, no more than 30% of the rear yard, nor exceed 1,200 square feet, whichever is less.
(3) 
No detached garage shall be less than five feet from the principal structure on the lot, provided all walls, doors and windows within 10 feet meet a twenty-minute fire rating.
(4) 
Detached garages located in the side yard shall comply with the side yard requirement for the principal building.
(5) 
No garage shall:
(a) 
Exceed 20 feet in height.
(b) 
Exceed 1,200 square feet.
(c) 
Be located closer than five feet to a side or rear lot line.
(d) 
Have a garage door opening in excess of 10 feet in overall height.
(6) 
All attached garages and any permanent roofed structure serving an accessory use if structurally attached to the principal building shall be considered as part of such principal building for all regulatory purposes.
(7) 
No garage or accessory structure shall be permitted, that by reason of noise, dust, odor, appearance or other objectionable factor, creates a nuisance or a substantial adverse effect on the property value or reasonable enjoyment of the surrounding properties.
(8) 
No accessory building shall exceed 192 square feet. This subsection shall not apply to garages.
(9) 
No more than one detached garage and one accessory building, in addition to a garage, is permitted on a lot.
(10) 
The Planning Commission may recommend exceptions to the garage and accessory building requirements. The exception must be reasonable and necessary based upon the specific circumstances for which the exception is requested. The exception must not substantially violate the intent of this provision. In order to request an exception, an individual shall apply for a conditional use permit and, if the Planning Commission recommends the conditional use permit, the Commission shall make specific findings as to why the exception is reasonable and necessary. This exceptions provision shall not allow an individual or the Village to bypass the proper notice and public hearing requirements of the Wisconsin State Statutes and/or the Village of Footville's Code of Ordinances.
[Added 10-27-2022 by Ord. No. 2022-13]
[1]
Editor's Note: See Subsection I(10), below, regarding provisions for exceptions to these requirements.
J. 
Duties of the Building Inspector. The Village Building Inspector is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the Building Inspector shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The Building Inspector shall further:
[Added 9-4-1997 by Ord. No. 9-4-97]
(1) 
Maintain records of all permits issued, fees collected, inspections made, work approved, and other official actions.
(2) 
Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.
(3) 
Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the Village Attorney in a manner specified by him.
(4) 
Assist the Village Attorney in the prosecution of ordinance violations.
(5) 
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats.
(6) 
Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.
K. 
Land use zoning permit required. No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a land use zoning permit from the Building Inspector, unless otherwise exempted pursuant to Subsection L of this section. Applications for a land use zoning permit shall be made in duplicate to the Building Inspector on forms furnished by the Building Inspector and shall include the following, where applicable:
[Added 9-4-1997 by Ord. No. 9-4-97]
(1) 
Name and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.
(2) 
Description of the subject site by lot, block and recorded subdivision, or 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.
(3) 
Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations to Village of Footville datum, uses, and sizes 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; existing highway access restrictions; and existing and proposed street, site and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.
(4) 
The Building Inspector may waive the plat of survey requirement for accessory buildings and additions to single-family and two-family dwellings. When the plat of survey requirement is waived, the applicant shall submit a sketch plan, on forms provided by the Building Inspector, showing the information generally required on the plat of survey.
(5) 
Proposed sewage disposal plan if municipal sewerage service is not available. This plan shall include a copy of the permit issued by the Rock County Health Department for the installation of an on-site soil absorption sanitary sewage disposal system, or other appropriate means of waste disposal. The Village Engineer shall certify that satisfactory, adequate, and safe sewage disposal is possible on the site as shown in the private sewage disposal plan.
(6) 
Proposed water supply plan if municipal water service is not available. This plan shall be in accordance with Chapter NR 812 of the Wisconsin Administrative Code and shall be approved by the Village Engineer, who shall certify in writing that an adequate and safe supply of water will be provided.
(7) 
Additional information as may be required by the Village Plan Commission, Village Engineer or Building Inspector.
(8) 
A land use zoning permit shall be granted or denied in writing by the Building Inspector within 30 days. The permit shall expire within six months unless substantial work has commenced, or within 18 months if the structure for which the permit is issued is not substantially completed. Any permit issued in conflict with the provisions of this chapter shall be null and void.
L. 
Uses not requiring a land use zoning permit. No land use zoning permit shall be required for any of the following cases:
[Added 9-4-1997 by Ord. No. 9-4-97]
(1) 
For building an accessory building less than 100 square feet in area.
(2) 
For any improvement or alteration to an existing building less than 100 square feet in area which does not effect a change in use.
(3) 
For repairs that do not alter the size or position of an existing structure on a lot. Such repairs shall not include the replacement or alteration of bearing walls.
(4) 
However, any work that does qualify for an exemption under this section shall be required to comply with the applicable setback, yard, height, and other requirements set forth in this chapter.
M. 
Certificate of compliance required.
[Added 9-4-1997 by Ord. No. 9-4-97]
(1) 
No vacant land shall be occupied or used; and no building or premises shall be erected, altered, or moved, or create a change in use; and no nonconforming use shall be maintained, renewed, changed, or extended until a certificate of compliance shall have been issued by the Building Inspector. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this chapter. Such certificate shall be applied for at the time of occupancy of any land and/or building.
(2) 
No building located in a multiple-family, commercial, industrial or planned unit development district and used for multiple-family, commercial, industrial or planned unit development purposes shall be occupied by a new tenant or a new owner or shall have the use changed without the issuance of a new certificate of compliance by the Building Inspector. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of the Zoning Ordinance, Building Code, Electrical Code, Fire Prevention Code and the Plumbing Code of the Village of Footville and State of Wisconsin. Such certificate for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use or by the new owner. Application for a certificate of compliance shall be made in the same manner as for a land use zoning permit pursuant to § 370-2K of this chapter.
N. 
Developer's agreement required. All development which occurs in any multifamily residence, commercial, industrial or planned unit development district shall require the execution of a developer's agreement which covers in some detail the manner and methods by which the land will be developed. The Plan Commission may impose time limits for the completion of projects and may require the execution of an irrevocable letter of credit or other appropriate surety to guarantee that the project will be completed on schedule.
[Added 9-4-1997 by Ord. No. 9-4-97]