Herman Town Dodge County
City Zoning Code
City Zoning Code
ARTICLE II
General Provisions
§ 384-7 Jurisdiction.
The jurisdiction of this chapter shall include all lands and waters within the boundaries of the Town of Herman. In the shoreland and floodplain areas under the dual jurisdiction of the Town of Herman and Dodge County, this chapter and the Land Use Code, Dodge County, Wisconsin, shall be in full effect and all requirements shall be met.
§ 384-8 Compliance required.
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 except in conformity with the regulations herein specified for the district in which it is located.
§ 384-9 Duties of Zoning Administrator.
The Town Zoning Administrator is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the Zoning Administrator shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The Zoning Administrator shall further:
A.
Maintain records of all permits issued, inspections made, work approved, and other official actions.
B.
Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter. Access to premises and structures shall be permitted 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.
C.
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 Town Attorney in a manner specified by him.
D.
Assist the Town Attorney in the prosecution of violations of this chapter.
E.
Prohibit the use or erection of any structure, land or water until the Zoning Administrator has inspected and approved such use or erection.
F.
Attend all meetings of the Town Plan Commission and the Town Board of Appeals.
§ 384-10 Land use permit required. [1]
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 permit from the Zoning Administrator, unless otherwise exempted pursuant to § 384-11 of this chapter.
A.
Applications for a land use permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable:
(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 professional land surveyor showing the location, boundaries, dimensions, and elevations or, where deemed appropriate by the Zoning Administrator, a location sketch drawn to scale. The scale shall not be smaller than one inch equals 40 feet. The plat or sketch shall show 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, side, 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. Place stakes painted orange at the exterior corners of the proposed building on the lot on which the applicant desires to build.[2]
(5)
A photocopy of any necessary sanitary permits secured from the Dodge County Land Resources and Parks Department.
(6)
Proposed water supply plan, showing the location of any private well, if municipal water service is not available.
(7)
Additional information as may be required by the Town Board, Plan Commission, or the Town Zoning Administrator or Building Inspector.
B.
A land use permit in a residential district shall be granted or denied in writing by the Zoning Administrator within nine working days. Business and industrial land use permits shall be granted or denied in writing within 31 calendar days. If denied, the reasons for such denial shall clearly appear upon the face of the notification of denial. Land use permits shall expire six months after issuance unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void. Building construction shall be in a location in accordance with the sketched and staked area and inspection by the Zoning Administrator; otherwise the permit shall be null and void.[4]
§ 384-11 Uses exempt from land use permit requirement.
A.
No land use permit shall be required for any of the following cases:
(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)
A portable structure.
B.
However, any work that qualifies 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.
§ 384-12 Certificate of land use compliance. [1]
A.
No land or building, or addition thereto, constructed after the effective date of this chapter and no addition, alteration, reconstruction, extension, enlargement, conversion or structural alteration to a previously existing building shall be occupied or used for any purposes unless in conformity with the plans and specifications upon which the land use permit was issued. A certificate of land use compliance may be issued by the Zoning Administrator upon request of the applicant. Every certificate of land use compliance shall state that the use or occupancy complies with all the provisions of this chapter.
B.
Any person, firm, or corporation having a legal or equitable interest in a property which is a legal nonconforming use may request a certificate of land use compliance. The applicant shall present documentary proof that said use was a permitted use at the time it originated and was made nonconforming by the adoption of this chapter or amendment thereto. After verifying that the use in question is in fact a legal nonconforming use, the Zoning Administrator shall issue a certificate of land use compliance stating the use in question and the zoning of the property.
§ 384-13 Conditional use permit.
See Article IV, Conditional Use.
§ 384-14 Developer's agreement required.
All development which occurs in any business or industrial 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 Town Board 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.
§ 384-15 Permit for signage. [1]
§ 384-16 Other permits.
It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal, or county agency.
§ 384-17 Site restrictions.
No land shall be used or structure erected where the land is unsuitable for such use or structure 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 Town Zoning Administrator, in applying the provisions of this section, shall in writing recite the particular facts upon which he bases his 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 Town Plan Commission may affirm, modify, or withdraw the determination of unsuitability. In addition:
A.
All principal structures shall be located on a lot, and only one principal structure shall be located, erected or moved onto a lot.
B.
No land use 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.
C.
Dimensions of building sites.
(1)
Lots not served by public sewer.
(2)
Lots served by public sewer.
(a)
Minimum area and width. Except as otherwise specifically required or permitted the minimum lot area shall be 10,000 feet and the minimum lot width 65 feet at the building line and 65 feet at the water's edge.
(b)
Side yards. There shall be an eight-foot minimum side yard for each principal building.
(3)
Multifamily dwellings. Minimum lot sizes for multifamily dwellings shall not be less than required in this Subsection C and shall be increased as shown in Table 384-17-1 below.
Table 384-17-1: Increases in Minimum Lot Area for Each Multifamily Dwelling | ||
|---|---|---|
Minimum Lot Area Per Dwelling Unit (square feet) | ||
Number of Bedrooms in Each Unit | Public Sewer | On-Site System |
3 or more bedrooms | 4,000 | 12,000 |
2 bedrooms | 3,500 | 10,000 |
1 bedroom | 3,000 | 8,000 |
D.
Rear yards. There shall be a twenty-five-foot minimum rear yard for each principal building.
E.
Height limitation. The maximum height for all residential structure shall be 40 feet. The maximum height for all commercial and industrial structure shall be 60 feet. The maximum height for all nonfarm accessory structures shall be 35 feet. Agricultural structures, such as barns and silos, shall not exceed in height twice their distance from the nearest lot line.
[Amended 11-13-2018 by Ord. No. 18-03]
F.
Street yard setbacks. All new structures shall have a street yard in accordance with § 384-46 of this chapter.
G.
Street grade. Every building hereafter erected, structurally altered, or relocated shall be at a grade approved by the Zoning Administrator or Building Inspector as being in satisfactory relationship with the existing street grade, with particular consideration for proper drainage and safe vehicular access.
H.
Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining land 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 abutting property owner and with the approval of the Plan Commission, 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 material involved, and all slopes shall be protected against erosion.
§ 384-18 Use restrictions.
The following use restrictions and regulations shall apply:
A.
Principal uses. Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in the district.
B.
Accessory uses. 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 except home occupations and professional home offices as defined in this chapter.
C.
Conditional uses. Conditional uses and their accessory uses are those which require review, public hearing, and approval by the Town Board in accordance with Article IV. The only conditional uses and structures permitted by this chapter shall be those enumerated in Article III of this chapter.
[Amended 1-13-2015 by Ord. No. 15-01]
D.
Temporary uses. Temporary uses such as real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Zoning Administrator through the issuance of a certificate of land use compliance for a period not to exceed six months. This temporary certificate may be renewed semiannually, but in no case shall the effective time span of the certificate exceed two years.[1]
E.
Animals. Dogs and cats are permitted in any district. In platted residential subdivisions no animals other than household pets shall be allowed, except as provided in Chapter 150, Article II, Exotic Animals, of this Code. All dogs five months of age or older must be licensed by the Town of Herman subject to guidelines in Chapter 150, Article I, Dogs and Other Animals, of this Code.[2]
F.
Livestock outside the agricultural districts. No more than one animal unit is allowed per three acres of land within the Single-Family Residential or General Residential Zoning District or 1.5 acres of land in the Conservancy, Business/Commercial or Manufacturing/Industrial Zoning Districts. An animal unit as referenced to livestock outside an agricultural district is defined as one bovine or equine over the age of six months, five swine, 10 sheep, 10 goats or 100 fowl. After the minimum lot size herein is met, one additional animal unit is allowed for each additional acre. A combination of animals, except for bovines or equines, may be kept as the "animal unit" as long as the number of animals kept meets a ratio of 1:2.
G.
Swimming pools are a permitted accessory use in any district, provided that:
(1)
All swimming pools shall be surrounded by a fence not less than four feet nor more than six feet in height. Side walls of aboveground pools four feet high may be used in lieu of a fence.
(2)
Access to the swimming pool shall be controlled by a self-latching gate, and all such gates shall be kept securely closed and locked at all times when the owner or occupant is not present at the pool. For an aboveground pool, a tip-up ladder may be provided in lieu of a gate.
(3)
Swimming pools shall not be constructed directly over or under electric transmission lines. All electrical connections to a swimming pool shall be properly grounded so that no electrical current can be discharged into any part of the swimming pool or the surrounding fence.
(4)
No water drained from a swimming pool shall be discharged onto or into any on-site sanitary sewerage system or directly into a navigable body of water.
(5)
No lighting installed around swimming pools shall throw any rays onto adjacent properties.
(6)
Swimming pools shall comply with the yard requirements for principal structures in the district in which they are located.
I.
No mobile home park or trailer camp shall be placed or moved onto lands lying within the Town of Herman.
J.
Gas and electric utility uses which have been issued a certificate of public convenience and necessity pursuant to § 196.491(3), Wis. Stats., are exempt from the requirements of this chapter and shall not be required to obtain a land use permit.
§ 384-19 Performance standards.
Standards listed in Article XIV shall be complied with by all uses in all districts.
§ 384-20 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 principal use and accessory structure(s) or use shall be used jointly or for any other structure or use, unless otherwise approved herein.
§ 384-21 Enforcement.
It shall be unlawful to construct any structure or building or to use any structure, building, land or water in violation of any of the provisions of this chapter. In case of any violation, the Town of Herman, the Zoning Administrator, or any property owner who would specifically be damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.
§ 384-22 Violations and penalties.
Any person, firm, or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit $50 and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, for a period not to exceed 30 days. Each day a violation exists or continues shall constitute a separate offense.