Fredonia Village City Zoning Code
ARTICLE II
General Provisions
§ 575-8 Jurisdiction and general provisions.
A.
Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the Village of Fredonia.
B.
Compliance. No structure, land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
C.
District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.
D.
Number of residential buildings on a zoning lot. Except in the case of planned residential developments, not more than one principal detached residential building shall be located on a zoning lot nor shall a principal detached residential building be located on the same zoning lot with any other principal building.
E.
Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.
F.
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all required permits, state agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways, and bridges by the Wisconsin Department of Transportation are exempt from compliance when § 30.2022, Wis. Stats., applies.
§ 575-9 Use regulations.
Only the following uses and their essential services may be allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses specified for a district.
B.
Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.
C.
Conditional uses.
(1)
Conditional uses and their accessory uses are considered as special uses, requiring, for their authorization, review, public hearing and approval by the Planning Commission, in accordance with Article IV of this chapter, excepting those existent at time of adoption of the Zoning Code.
(2)
Those existing uses which are classified as "conditional uses" for the district(s) in which they are located at the time of adoption of this Code require no action by the Village Board for them to continue as valid conditional uses, and the same shall be deemed to be "regular" conditional uses.
(3)
A proposed change from a permitted use in a district to a conditional use shall require review, public hearing and approval by the Planning Commission in accordance with Article IV of this chapter.
(4)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of new conditional use(s) shall require review, public hearing and approval by the Planning Commission in accordance with Article IV of this chapter.
(5)
Conditional uses authorized by the Planning Commission may, at its discretion, be limited in time under Article IV of this chapter.
(6)
A conditional use permit shall be deemed to authorize only one particular conditional use, and the permit shall be declared null and void if the conditional use shall cease for more than six months for any reason.
§ 575-10 Site regulations.
A.
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, upon the recommendation of the Planning Commission, 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 Planning Commission, in applying the provisions of the 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 Planning Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Village Board.
B.
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 approval of the Planning Commission and prior written notification of the abutting property owner, 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. Retaining walls are permitted under § 575-83G.
C.
Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.
D.
Frontage. All lots shall abut upon a public street, and each lot shall have a minimum frontage of 40 feet, measured at the right-of-way.
E.
Principal structures. All principal structures shall be located on a lot. In single-family and two-family residential districts only one principal structure shall be located, erected or moved onto a lot. The Village Board may permit more than one structure per lot in other districts where more than one 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 and parking requirements, or require a minimum separation distance between principal structures.
F.
Public street dedication. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width if the lot is located on the side of the street from which the required dedication has not been secured.
§ 575-11 Reduction or joint use.
No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter.
§ 575-11.1 Home occupations.
[Added 9-20-2025 by Ord. No. 2025-04]
Home occupations shall be subdivided into "low intensity home occupations" and "moderate intensity home occupations."
A.
Low intensity home occupation. A "low intensity home occupation" is a home occupation that, by the nature of the business or trade, uses only those items that are commonly found within a residential dwelling and has low risk of creating any noise or disturbance to neighboring properties. As illustrative examples, low intensity home occupations include, but are not limited to: professional or administrative services (e.g., accounting, legal services, "work from home" spaces); instructional services such as teaching, tutoring, or lessons; sales and shipment of goods other than in-person (e.g. online sales); production or manufacturing of goods or items using predominantly household items (e.g., cooking, baking, painting, etc.); home gardening and horticulture not involving commercial facilities for the sale of garden produce, trees, shrubs, plants, or cut flowers.
B.
Moderate intensity home occupation. A "moderate intensity home occupation" is a home occupation that, by the nature of the business or trade, uses equipment, machinery, appliances or tools that are not commonly found within a residential dwelling, and therefore has some risk of creating noise, vibration, or other disturbance to neighboring properties. As illustrative examples, moderate intensity home occupations include glass blowing, production of pottery, machining of tools, or other use of industrial equipment.
C.
Home occupation regulations. The following regulations apply equally to low intensity home occupations and moderate intensity home occupations, when allowed as a permitted accessory use or approved as a conditional use:
(1)
One employee. No more than one person shall be employed on the premises at any one time other than persons who reside at the premises.
(2)
Maximum floor area of principal structure. The use of the principal structure dwelling unit for the home occupation or home office shall be clearly incidental and secondary to its use for residential purposes. No more than 25% of the floor area of the habitable living area shall be used in the conduct of the home occupation.
(3)
Outside appearance and storage. Except for the use of an accessory structure as set forth in Subsection C(4), no outside use of land of any kind is permitted, including storage or display of goods or vehicles. There shall be no change in the outside appearance of the building, accessory structure, or premises because of any home occupation or office, except for an unlighted sign or nameplate, not more than one square foot in total area, attached to and not projecting from the building.
(4)
Principal structure or accessory structure only. The home occupation shall take place only in the principal structure and/or in an accessory structure, when such accessory structure is established in compliance with § 575-83. No home occupation shall be conducted outdoors.
(5)
No in-person retail sales. No home occupation shall conduct face-to-face retail sales in person on the premises. Only retail sales made though pre-order (e.g., phone, internet, events, etc.) shall be permitted to be picked up at the owner’s home.
(6)
Traffic. No vehicular or pedestrian traffic shall be generated by a home occupation in greater volume than would normally be expected from the principal use. For measuring vehicular traffic, criteria established in the most current edition of the Institute of Transportation Engineer's publication titled Trip Generation shall be used.
(7)
Levels of noise, emissions, radiation, vibration, heat, glare, smoke, dust, fumes, odors, or electrical interference. There shall be no levels of noise, emissions, radiation, vibration, heat, glare, smoke, dust, fumes, odors, or electrical interference created which is detectable to the normal senses outside the dwelling unit greater than that normally associated with household use.
(8)
Refuse. No refuse or recycling greater than the amount allowable for regular residential pickup shall be generated by any home occupation.
(9)
Nuisance causing activities. No home occupation shall cause or create any nuisance, cause or create any substantial or undue adverse impact on any adjacent property or the character of the area; or threaten the public health, safety or general welfare; or be noxious, offensive, or hazardous.
(10)
Materials which decompose by detonation prohibited. No dangerous or unlawful amounts of hazardous or volatile materials, or dangerous or unlawful amounts of materials which decompose by combustion or detonation shall be allowed with a home occupation in excess of the amount that would be allowed by law if the home occupation did not exist.
(11)
Public utility use exceeding typical residential dwelling unit demand not permitted. No home occupation shall be permitted that generates sewerage or water use greater than what is typical for a residential dwelling.