Holland Town Sheboygan County
City Zoning Code
City Zoning Code
ARTICLE III
General Provisions
§ 330-10 Jurisdiction.
The provisions of this chapter shall apply to all structures, land, water, and air within the unincorporated areas of the Town of Holland, Sheboygan County, Wisconsin.
§ 330-11 Compliance required.
No structure, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a building permit or a site plan and plan of operation permit and without full compliance with the provisions of this chapter and all other applicable local, county, and state regulations.
§ 330-12 Use regulations.
Only the following uses and their essential services may be allowed in any district:
A.
Principal uses. Only those principal uses specified for a district, their essential services, and the uses set forth in this section shall be permitted in that district.
B.
Accessory uses.
[Amended 4-9-2018 by Ord. No. 2-2018; 1-13-2020 by Ord. No. 1-2020; 2-8-2021 by Ord. No. 1-2021; 7-12-2021 by Ord. No. 6-2021]
(1)
Accessory uses shall in no case be used for purposes not allowed in the underlying zoning district or as may be authorized by a conditional use permit.
(2)
Accessory uses associated with residences in all agricultural and residential districts. Accessory uses for residences are permitted in all agricultural districts (A-1, A-1-D, A-1-S, A-2, A-3, A-5, and A-T) and residential districts (R-1, R-2, R-4, R-5, and RCDO) subject to the following:
(a)
Prior to the construction of an accessory building used for nonagricultural purposes, a dwelling shall be present or under construction.
(b)
Accessory buildings shall not exceed two buildings used for nonagricultural purposes. The Town Plan Commission may consider granting approval for more than two accessory buildings used for nonagricultural purposes under the provisions of Article VI, Conditional Uses.
(c)
The maximum aggregate footprint of all accessory buildings used for nonagricultural purposes shall not exceed the requirements in the following table. The Town Plan Commission may consider granting approval for the construction of a building(s) that exceed(s) the allowed maximum aggregate footprint under the provisions of Article VI, Conditional Uses.
Lot Size (acres) | Maximum Aggregate Footprint (square feet) |
|---|---|
Less than 1 | 900 |
1 but less than 2 | 2,000 |
2 or greater | 3% of the total lot area, provided that no individual accessory use exceeds 3,000 square feet |
(d)
A small accessory building, which has a footprint not exceeding 160 square feet, may be exempted from the provisions of and calculations for § 330-12B(2)(a), (b) and (c) subject to the following:
[Amended 10-18-2021 by Ord. No. 8-2021]
[1]
The small accessory building has a footprint not exceeding 160 square feet; has a height not exceeding 12 feet; lacks a foundation other than a slab three inches thick or less; lacks propane or gas service; lacks heating or cooking devices that use propane, pellets, or similar fuels; lacks electrical service greater than a single fifteen-amp circuit; and
[2]
The maximum number of such exempted small accessory buildings shall not exceed the requirements in the following table. The Town Plan Commission may consider granting approval for small accessory buildings that exceed the allowed maximum number under the provisions of Article VI, Conditional Uses.
Lot Size (acres) | Maximum Number of Qualifying Small Accessory Buildings Exempted |
|---|---|
Less than 1 | 1 |
1 but less than 2 | 2 |
2 or greater | 3 |
(e)
Accessory uses shall not involve the conduct of any business, trade, or industry, except for home occupations as regulated in Article VII, Home Occupations. (Note: Per § 91.01(1)(d), Wis. Stats., home occupations are not allowed for nonfarm residences in the A-1, A-1-D, and A-1-S Districts.)
(f)
All accessory uses shall be constructed in such a manner that the exterior appearance is compatible with the principal structure. The determination of compatibility shall be at the discretion of the Town Plan Commission.
(g)
An accessory building shall not be used as a dwelling unit, and accordingly shall not contain more than two of the following: food preparation area, sleeping facilities, and sanitary facilities.
C.
Conditional uses and their accessory uses as identified in § 330-12B are considered as special uses in specified districts requiring review, public hearing, and approval by the Town Plan Commission in accordance with procedures and standards established in Article VI of this chapter. When a use is classified as a conditional use at the date of adoption of this chapter, it shall be considered a legal conditional use without further action of the Town Plan Commission. Changes to or substitution of conditional uses shall be subject to review and approval by the Town Plan Commission in accordance with Article VI of this chapter.
D.
Uses not specified in this chapter and that are found by the Town Plan Commission to be similar in character to conditional uses permitted in the district may be permitted by the Town Plan Commission after review, public hearing, and approval in accordance with Article VI of this chapter.
E.
Temporary uses, such as field offices and shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Building Inspector after the tenure thereof has been approved by the Town Board.
F.
Recreational vehicles.
(1)
Intent. Section 330-12F(2) through (5) of this chapter shall apply to any owner, occupant, or agent thereof whose purpose is to occupy a recreational vehicle within the jurisdiction of the Town of Holland for more than 14 days within a thirty-day time period.
[Amended 4-12-2021 by Ord. No. 3-2021]
(2)
Permanent occupancy prohibited. No owner, occupant, or agent thereof shall use or occupy a recreational vehicle as a permanent place of residence or business.
(3)
Temporary occupancy permit. Except as permitted within an approved private campground or recreational camp, any owner, occupant, or agent thereof desiring to use or occupy a recreational vehicle temporarily for residence or business purposes shall, prior to commencing such temporary use or occupancy, obtain a temporary occupancy permit from the Town Building Inspector. It shall be unlawful to occupy a recreational vehicle without a temporary occupancy permit. The Building Inspector shall provide the owner, occupant or agent thereof with an application form that shall contain such information as the Building Inspector determines is necessary, including type of recreational vehicle, location, management of waste disposal facilities and water facilities, and the intended length of use or occupancy. The Building Inspector may issue a temporary occupancy permit for a period not to exceed 60 days. The Building Inspector is granted the authority to approve one temporary occupancy permit renewal for an additional 60 days as may be deemed appropriate. A second temporary occupancy permit renewal shall be reviewed and approved by the Town Plan Commission as may be deemed appropriate. The owner, occupant, or agent thereof shall pay a permit fee to the Building Inspector as identified by the Town of Holland Fee Schedule.
(4)
Parking on public property prohibited. An owner, occupant, or agent thereof shall only park a recreational vehicle on any Town road, street, alley, or other public property within the Town of Holland from sunrise to sunset.
(5)
Parking on private property. The parking of one recreational vehicle, in the rear yard, on private property with an existing principal residence, is permitted if the location of the recreational vehicle does not create a nuisance to adjacent property owners.
G.
Movable storage enclosures.
[Added 10-18-2021 by Ord. No. 8-2021]
(1)
Exemptions.
(a)
The regulations listed in this section shall not apply to movable storage enclosures, including shipping containers and semi-trailers, that are used solely:
[1]
For on-site construction purposes and in conjunction with active building permits;
[2]
During any period of declared emergency by federal, state, or local official action; or
[3]
For temporary storage of business and personal property in the event of catastrophic loss of a business or residence.
(b)
In these situations, the period a movable storage enclosure can remain on the property is set by the Town Board. After this period expires, the movable storage enclosure can be repurposed if used as specified in this section; otherwise, it must be removed from the property within 30 days.
(2)
Denied uses. Movable storage enclosures, including shipping containers and semi-trailers, shall not be:
(a)
Rented or used as mini-warehouses;
(b)
Used for housing live animals, human occupation or human habitation; or
(c)
Used for the storage of hazardous or flammable materials in excess of five gallons or 40 pounds.
(3)
Shipping containers. Repurposed shipping containers, including semi-trailers not in road-operable condition, are allowed as movable storage enclosures in all zoning districts except C-1 Resource Conservation District, P-1 Recreational Park District, and P-2 Public District. The Town Plan Commission may consider granting an exception to the following requirements under the provisions of Article VI, Conditional Uses.
(a)
Shipping containers shall be deemed accessory buildings subject to all requirements of the Zoning Ordinance;
(b)
Shipping containers shall meet the appropriate accessory building setback requirements for the zoning district in which they are located;
(c)
Shipping containers require an administrative building permit;
(d)
Shipping containers shall not exceed eight feet in width or 40 feet in length;
(e)
Shipping containers shall not be stacked on each other or on any other structure or building; and
(f)
The maximum number of shipping containers shall not exceed the requirements in the following table:
Lot Size (acres) | Maximum Number of Shipping Containers |
|---|---|
Less than 1 1/2 | 0 |
1 1/2 but less than 3 | 1 |
3 but less than 5 | 2 |
5 or greater | 4 |
§ 330-13 Land division regulations.
All existing, undeveloped parcels of land of record in the County Register of Deeds office, and any new land divisions as defined in Chapter 220, Land Division, Town of Holland, Wisconsin, and the Subdivision Ordinance, Sheboygan County, Wisconsin, shall conform in full with the provisions of those ordinances. No building permit shall be issued for any lot until such compliance is assured.
§ 330-14 Sanitary regulations.
No private water supply or sewage disposal system, or part thereof, shall be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered, or its use changed without full compliance with the Sanitary Ordinance, Sheboygan County, Wisconsin. No building permit shall be issued until any required installation of a safe and adequate water supply and sewage disposal system is assured and a sanitary permit is issued.
§ 330-15 Shoreland-floodplain regulations.
The Town recognizes that Sheboygan County has adopted a Shoreland-Floodplain Ordinance as required by Wisconsin Statutes. Accordingly, the Town Building Inspector shall refer to Sheboygan County all applicants seeking building permits for structures or uses proposed to be located or conducted within the shoreland or floodplain area subject to county regulations. If the Building Inspector determines that any Town building permit is required for such project, the permit shall not be issued until the county permit has been issued. In a situation where the Town and county regulations conflict, the more restrictive regulations shall apply.
§ 330-16 General site restrictions.
No land shall be used or structure erected when the land is held unsuitable for such use or structure by the Town Plan Commission by reason of flooding; concentrated runoff; inadequate drainage; adverse soil or rock formation; unfavorable topography; impermeability, high shrink-swell potential or low bearing strength of soils; erosion susceptibility; or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and/or general welfare of the Town of Holland. The Town Plan Commission, 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 Town Plan Commission may affirm, modify, or withdraw its determination of unsuitability. In addition:
A.
All lots shall abut or have access to a public street or officially approved private way. Where access is to be provided by a private way, said way shall have a minimum right-of-way or access easement of 50 feet in width and shall be continuous to a public street or approved private street.
B.
All principal structures shall be located on a lot; only one principal structure shall be located, erected, or moved onto a lot in a residential or agricultural district, except as permitted under planned unit development districts and provisions. The Town Plan Commission may permit more than one principal structure per lot in other districts where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Town Plan Commission may impose additional yard requirements, landscaping requirements or parking requirements or require a minimum separation distance between principal structures.
C.
No building permit 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.
D.
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 yards in the less restrictive district may be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.
E.
All plantings for the purpose of landscaping and screening shall be set back from the defined property line of the subject property a distance equal to or greater than the radius of the canopy of the subject planting at full maturity. The Town Plan Commission and Town Board may place greater restrictions on the landscaping and screening setback requirements as may be deemed appropriate.
§ 330-17 Construction standards.
All residential dwellings constructed on site or manufactured homes shall meet the following minimum construction standards in addition to complying with all applicable codes:
A.
Building area. The total minimum floor area of a dwelling shall be 1,300 square feet.
B.
Building width. The minimum width of a dwelling shall be not less than 20 feet.
C.
Foundation. A residential dwelling shall be permanently attached to a permanent foundation meeting the requirements of the State Uniform Dwelling Code and approved by the Town Building Inspector. The foundation shall surround the entire perimeter of the structure and completely enclose the space between the siding and the finished grade. Manufactured homes shall have the running gear and towing hitch removed and have an anchoring system that is totally concealed under the structure.
D.
Living vs non-living space. If the total floor area of all living and non-living space of a dwelling exceeds 3,000 square feet, the total area of all non-living space shall not exceed the total area of all living space. Non-living space includes, but is not limited to, the square footage of all garage and storage areas, excluding the unfinished area of any basement. The Town Plan Commission may consider granting approval for the construction of a dwelling that exceeds the maximum non-living space under the provisions of Article VI, Conditional Uses.
[Added 1-13-2020 by Ord. No. 1-2020]
§ 330-18 Reduction or joint use.
No lot, yard, parking area, building area, sanitary sewage disposal area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter or other applicable local, county, or state regulations. No part of any lot, yard, parking area, sanitary sewage disposal area, or other space required for a structure or use shall be used for any other structure or use.
§ 330-19 Development agreement and reimbursement of expenses.
To promote and enhance public safety and general welfare and to ensure that essential improvements are made, the Town may deem it necessary to require a development agreement and/or reimbursement of Town expenses incurred as a result of a proposed development.
A.
Development agreement. Before final approval of an application for development, the Town may require the developer to enter into a written development agreement with the Town to install any required improvements and comply with development requirements and to file a bond, letter of credit, or cash deposit in an amount determined by the Town as a guarantee of the performance of the developer's obligations under the development agreement.
B.
Reimbursement of Town expenses. The Town Board may utilize the services of such professionals as it deems appropriate to advise and assist the Town Board and Town Plan Commission regarding a development. Before final approval of an application for development, the Town Board may require the developer to reimburse all fees, charges and costs incurred by the Town for such professional services, including but not limited to plan review, inspection, engineering, legal and administrative. The Town Board may, from time to time, establish a schedule of such professional charges by resolution. The Town Board may require that the estimated cost for such professional services be included in the bond, letter of credit, or cash deposit to be provided to the Town.