The purpose of Division 21.03.0100 is to define the scope of the City of Greenfield Zoning Code.

The jurisdiction of this Code shall apply to all structures, lands, water, and air within the corporate limits of the City of Greenfield.

A.

General compliance. No structure, development, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, substantially improved, extended, enlarged, converted, or structurally altered without a Building or Zoning Permit, and without full compliance with the provisions of this Code and all other local, county, and state regulations. The applicant is responsible for complying with the requirements of all local, State, and federal regulations. In addition, the following general provisions shall be complied with:

1.

Wisconsin Department of Natural Resources. Rules of the Wisconsin Department of Natural Resources, Division of Environmental Protection, as amended, setting water quality standards for preventing and abating pollution and for regulating development within floodland, wetland, and shoreland areas.

2.

Comprehensive plans or master plans. Comprehensive or master plans, plans prepared by State, regional, County, or municipal agencies duly adopted by the Plan Commission, or components of such plans as amended.

3.

City of Greenfield Zoning Code. The City of Greenfield Zoning Code and all other applicable local and county codes and ordinances including the City of Greenfield as amended.

4.

Wisconsin Administrative Code. All applicable rules contained in the Wisconsin Administrative Code, as amended, not listed in this section.

5.

U.S. Army Corps of Engineers and U.S. Environmental Protection Agency. Rules of the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency as amended.

6.

Americans with Disabilities Act (ADA) Accessibility Guidelines. The requirements of the "Americans with Disabilities Act (ADA) Guidelines for Buildings and Facilities" as documented in the Federal Register, Vol. 56, No. 144, July 26, 1991, as amended.

7.

Other applicable Federal and State laws and regulations. All other applicable federal and state laws and regulations as amended.

B.

Zoning compliance. The following specific zoning provisions shall be complied with:

1.

Changes in structures or uses. Except as may otherwise be provided in Division 21.04.1000, nonconforming buildings, structures and uses, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, shall be subject to all regulations that are applicable to the zoning districts in which such buildings, uses, or land shall be located.

2.

Nonconforming buildings, structures, and uses. Any lawfully established building, structure, or use existing at the time of enactment of this Code, may be continued, though such building, structure, or use does not conform to the provisions of the zoning district in which it is located. Whenever a zoning district is changed thereafter, the then existing lawful use may be continued, subject to the provisions of Division 21.04.1000 of this Code.

3.

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Plan Commission due to flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The Plan Commission, in applying the provisions of this Code, 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 so desired. Thereafter, the Plan Commission may affirm, modify, or withdraw its determination of unsuitability.

4.

Lots abutting public streets with inadequate street right-of-way dedication or improvements. No Building Permit for vacant land shall be issued for a lot that 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.

5.

Lots abutting more restricted district boundaries. Lots abutting more restricted district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district and shall provide for bufferyards as are required under Division 21.06.0300 of this Code. The street yards in the less restrictive district shall be modified for a distance of not more than sixty (60) feet from the district boundary line to equal the average of the street yards required in both districts.

6.

Land or lot divisions. All land divisions shall conform to the provisions of this Code.

7.

Must meet private water and on-site sewage disposal system requirements. In any zoning district where a public water supply or public sewage service is not available and private water and on-site sewage disposal systems are permitted on an interim basis as defined in the various "Intent" statements of the zoning districts, each lot or dwelling unit shall be capable of meeting the requirements of the Chapters ILHR 81 through 85 of the Wisconsin Administrative Code and any other applicable agency regarding the construction of an on-site sewage disposal systems.

8.

Lot and/or parcel combinations. The City may require that lot and/or parcel combinations of contiguous lots and/or parcels be accomplished through the use of a Certified Survey Map.

A.

Use. No building, structure, or land shall hereafter be used or occupied, and no building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged, or altered except in conformity with the regulations specified for the district in which it is located.

B.

Bulk. All new buildings and structures shall conform to the building regulations established for the district in which each building is located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected according to all other codes and ordinances of the City of Greenfield. (Also see Division 21.04.0900 of this Code for modifications.)

All new buildings, structures, and off-street parking and loading areas shall conform to the various lot coverage regulations set forth in this Code.

A.

Maintenance of minimum dimensional requirements of yards, courts, and other open spaces. The maintenance of yards, courts, and other open space and minimum lot area required under the provisions of this Code for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.

B.

Division of zoning lots. No improved zoning lot shall be divided into two (2) or more zoning lots unless all improved zoning lots resulting from each division conform with all the applicable bulk and dimensional regulations of the zoning district in which the property is located. However, with respect to the resubdivision of improved zoning lots in the R-4B, MFR-1, MFR-2, MFR-3, and PUD (residential) Districts, side yard requirements shall not apply between attached dwelling units.

C.

Location of required open space. All yards, courts, and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

D.

Required yards for existing buildings. No yards, now or hereafter provided for an existing building, shall subsequently be reduced below, or further reduced below—if already less than—the minimum yard requirements of the district in which it is located. (Also see Sections 21.08.0107 and 21.08.0108 of this Code regarding variances.)

E.

Permitted obstructions in required yards. See Section 21.04.0900 of this Code.

Base setback lines are hereby established for all streets and highways in the City of Greenfield as follows, unless otherwise specified by action of the Common Council:

A.

Setbacks from ultimate street and highway right-of-way line. On all streets or highways for which the ultimate width has been established by the City of Greenfield Comprehensive Master Plan (or component thereof), the City Official Map, and/or subsequent amendments thereto to those documents, the base setback line shall be located at the established ultimate street and/or highway right-of-way line as prescribed by this Code. Required setbacks shall be measured from the base setback line. (See Figure 21.03.0203(A).)

Figure 21.03.0203(A)
SETBACKS FROM ULTIMATE STREET AND
HIGHWAY RIGHT-OF-WAY LINE

B.

Average front yard setback. Where a vacant lot is abutting structures on each of its side lot lines, the front yard setback may be reduced by the Plan Commission in order to meet the average of the abutting front yard setbacks of the abutting structures.

C.

Corner lot setbacks. Corner lot setback requirements on a side street shall meet the requirements set forth in this Code. However, in no case shall a corner lot have a side set back on an abutting street of less than seventy-five (75) percent of the required front yard setback on the frontage street.

Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land that abuts no less than sixty (60) feet upon a dedicated public street right-of-way, excepting cul-de-sacs and curved streets where the radius to edge of right-of-way is one hundred (100) feet or less, shall abut no less than forty (40) feet.

The following shall apply to lots of record existing at the time of the adoption of this Code:

A.

Contiguous parcels. When two (2) or more parcels of land, any of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the zoning district in which they are located, are contiguous and are held under one (1) ownership, they shall be used as one (1) zoning lot. (Also see Section 21.04.1003.)

B.

Lots or parcels of land of record. Any single lot or parcel of land, held in one (1) ownership, which is a lot of record and does not meet the requirements for minimum lot width and area, may be used for a permitted use if yards, courts, or usable open spaces are not less than seventy-five (75) percent of the minimum required dimensions or areas as required by this Code.

All principal buildings shall be located on a zoning lot. Only one (1) principal building shall be located, erected, or moved onto a lot in the R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, and R-4B Districts. The Plan Commission may permit more than one (1) principal building per lot other than in the above stated zoning districts where more than one (1) principal building is needed for the orderly development of the parcel. When additional structures are permitted, the Plan Commission may impose additional yard requirements, floor area ratio limitations, residential density requirements, land use intensity requirements, landscaping requirements, or parking requirements, or may require a minimum separation distance between principal buildings.

An area indicated on the City of Greenfield "Official Zoning Map" as a public park, public recreation area, public school site, or other similar public or semi-public open space, shall not be used for any other purpose than that designated. When the use of the specific area is ceased, it shall be considered by the City of Greenfield Plan Commission and Common Council for potential rezoning to a zoning district that is consistent with the land use district set forth for that area in the City of Greenfield Comprehensive Master Plan.

The hazard prevention performance standards set forth in Division 21.04.1100 of this Code shall apply to all zoning districts.

When a use is classified as a "Special Use" under this Code and exists as either a permitted use or special use at the date of the adoption of this Code, it shall be considered a legal "Special Use," without further action of the Common Council, the Zoning Administrator, or the Zoning Board of Appeals. Any proposed changes in the existing operation shall be subject to the "Special Use" procedures of this Code as if such "Special Use" was being established anew.

When a use is not specifically listed a "Permitted Use," "Special Use," or "Accessory Use," it shall be assumed that such a use is expressly prohibited unless by a written decision of the Plan Commission it is determined that said use is similar to, and not a more measurably intense use, than the a use specifically listed for a district.

It shall be unlawful to construct or use any structure, land, or water violating any of the provisions of this Code. In case of any violation, the Common Council, the Plan Commission, the City Attorney, and the Zoning Administrator may institute appropriate action or proceeding to enjoin a violation of this Code. (See Division 21.08.0400 "Violations, Penalties, and Remedies.")

Unless specifically exempted by law, all cities, villages, towns, counties, and other municipal corporations are required to comply with this Code and obtain all required permits. State and federal agencies are required to comply as applicable.