08 - GENERAL PROVISIONS
The jurisdiction of this title shall include all lands and waters within the corporate limits of the village.
(Ord. 81-3 § 1 (part), 1981)
The office of the zoning administrator is created as the administrative and enforcement officer for the provisions of this title. The duty of the zoning administrator shall be to administer this title and to issue all permits required by this title. The zoning administrator shall investigate all complaints, give notice of violations, issue order to comply with the zoning ordinance, and assist the village attorney in the prosecution of ordinance violators. The zoning administrator and his or her duly appointed deputies may enter at any reasonable time onto any public or private lands or waters to make a zoning inspection.
(Ord. 2000-10 § 2 (part), 2000; Ord. 81-3 § 1 (part), 1981)
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, demolished, or remodeled except in conformity with the regulations herein specified for the district in which it is located.
(Ord. 85-5 § 2, 1985: Ord. 81-3 § 1 (part), 1981)
(Ord. No. 2008-1, § 1, 8-18-2008)
The following use restrictions and regulations shall apply:
A.
Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district.
B.
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 as permitted by the provisions for home occupations. Accessory uses include incidental structural repairs; storage in rear yards; parking facilities; gardening; servant's, owner's, agricultural laborer's, and watchman's quarters not for rent; private recreation facilities; playhouses; swimming pools; and underground private emergency shelters.
C.
Unclassified or unspecified uses may be permitted by the village plan commission; provided, that such uses are similar in character to the principal uses permitted in the district.
D.
Antennas.
1.
FCC antennas, to the extent placement does not prevent reception of an acceptable signal or impose unreasonable expense or delay, shall not be free-standing and shall be located so as to not be visible from any street and to minimize visibility from neighboring properties.
2.
Antennas, satellite dishes, and similar devices which do not meet the definition of an FCC Antenna shall not be located in any front yard, street yard, or side yard; shall not be attached to a structure facing such yards; shall not protrude above the roofline of the principal residence, and shall be setback at least five (5) feet from the property line.
3.
Construction of a non-FCC antenna requires a building permit and approval of the planning commission utilizing the criteria set forth in section 20.24.060.
4.
No antenna, except one designed to receive local television broadcast signals, shall protrude more than 12 feet above the roofline of the principal structure.
E.
Outdoor Furnaces.
1.
Purpose. This section is intended to promote and safeguard the public health, safety, welfare, and comfort of the citizens of the village of Kohler due to the air pollution, fire hazards and other problems associated with outdoor furnaces.
2.
Applicability. This section applies to all outdoor furnaces within the village. "Outdoor furnace" means a furnace, stove, or boiler that is not located within a building intended for habitation by humans or domestic animals, and that burns wood, wood pellets, corn or similar material.
3.
This section does not apply to grilling or cooking using charcoal, wood, propane, or natural gas in cooking or grilling appliances.
4.
This section does not apply to burning in a stove, furnace, fireplace, or other heating device within a building used primarily for human or animal habitation.
5.
This section does not apply to the use of propane, acetylene, natural gas, gasoline, or kerosene in a device intended for heating, construction or maintenance activities.
6.
Use Prohibited. Outdoor furnaces are prohibited and shall not be installed or operated within any zoning district in the village.
(Ord. 2005-4 § 1, 2005; Ord. 85-5 § 3 (part), 1985; Ord. 81-3 § 1 (part), 1981)
(Ord. No. 2008-1, § 2, 8-18-2008)
Editor's note— Ord. No. 2023-1, § 1, adopted May 15, 2023, repealed § 20.08.050 which pertained to prohibited uses and derived from Ord. 81-3, adopted 1981; and Ord. 94-3, adopted 1994.
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 title. No part of any lot, yard, parking area, or other space required for structure or use shall be used for any other structure or use.
(Ord. 81-3 § 1 (part), 1981)
The district height limitations stipulated elsewhere in this title may be exceeded, but such modifications shall be in accord with the following:
A.
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this title.
B.
Special structures, other than in the industrial district, such as elevators, gas tanks, necessary mechanical appurtenances, cooling towers, windmills, substations, publicly owned water towers, smoke stacks, and solar collectors, are exempt from the height limitations of this title, subject to review by the village plan commission.
C.
Electric power and communication transmission lines and structures are not exempted from the height restrictions of this title. It is the intent of this title that these facilities be placed underground.
D.
Public or semipublic facilities, such as schools, churches, hospitals, monuments, libraries, governmental offices and stations, may be erected to a height of sixty feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
(Ord. 85-5 § 4, 1985; Ord. 81-3 § 1 (part), 1981)
(Ord. No. 2008-1, § 3, 8-18-2008)
The yard requirements stipulated elsewhere in this title may be modified as follows:
A.
Architectural projections, such as chimneys, flues, sills, eaves and solar collectors may project no more than two feet into any required yard.
B.
Security fences, walls, and buffers are permitted on the property lines in all districts except residential districts. Fences shall not exceed ten feet in height. Decorative walls and landscape buffers may exceed ten feet in height subject to plan commission review.
C.
Accessory uses and detached accessory structures, including TV or other satellite discs or antennas, are not permitted closer to the street than the nearest line of the main building on any side, except for FCC antennas pursuant to section 20.080.040.D.
(Ord. 85-5 § 3 (part), 1985; Ord. 81-3 § 1 (part), 1981)
(Ord. No. 2008-1, § 4, 8-18-2008)
A.
Where the established building setback in any residential or business district is less than the minimum required, the street yard may be reduced to the average of the existing street yards of the adjacent structures on each side.
B.
Where the established building setback in any residential district is greater than the minimum required, no structure shall be permitted to extend more than five feet in front of the established building setback line.
C.
On a reversed corner lot, each yard abutting a street shall be governed by the front yard requirements.
(Ord. 81-3 § l (part), 1981)
A.
Since it is the intent of this title to preserve the past pattern bf development in the village, all lawful nonconforming uses and structures existing at the time of adoption or amendment of the ordinance codified in this title may be continued, maintained and/or rebuilt, although the use or structure does not conform to the provisions of this title, subject to the following.
B.
If a nonconforming use is discontinued or vacated for a period of two years, the village board of zoning appeals, in conformance with Chapter 20.28, may require that all future uses of the structure or land shall conform to the provisions of this title.
(Ord. 81-3 § 1 (part), 1981)
Consistent with the statement of intent with regard to nonconforming uses as set forth in Section 20.08.100 and in recognition of the values set forth in the master plan in its statements concerning the proposed farm community, it is declared that agricultural use of property is a permitted use (without limitation and without regard to the other permitted use designations herein provided) for all areas, until they are developed. Land areas within three hundred feet of an area developed consistent with the use requirements of this title shall be considered "buffer yard," and in such buffer yard the agricultural use shall be restricted to agricultural activities which are compatible to and do not interfere with the reasonable enjoyment of the use authorized for the developed area. This title shall be liberally construed so as to enhance all forms of agricultural activities in the undeveloped areas of the village. The eventual use requirements of this title are not intended to prescribe the current highest and best use.
(Ord. 81-3 § 1 (part), 1981)
(Ord. No. 2008-1, § 4, 8-18-2008)
08 - GENERAL PROVISIONS
The jurisdiction of this title shall include all lands and waters within the corporate limits of the village.
(Ord. 81-3 § 1 (part), 1981)
The office of the zoning administrator is created as the administrative and enforcement officer for the provisions of this title. The duty of the zoning administrator shall be to administer this title and to issue all permits required by this title. The zoning administrator shall investigate all complaints, give notice of violations, issue order to comply with the zoning ordinance, and assist the village attorney in the prosecution of ordinance violators. The zoning administrator and his or her duly appointed deputies may enter at any reasonable time onto any public or private lands or waters to make a zoning inspection.
(Ord. 2000-10 § 2 (part), 2000; Ord. 81-3 § 1 (part), 1981)
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, demolished, or remodeled except in conformity with the regulations herein specified for the district in which it is located.
(Ord. 85-5 § 2, 1985: Ord. 81-3 § 1 (part), 1981)
(Ord. No. 2008-1, § 1, 8-18-2008)
The following use restrictions and regulations shall apply:
A.
Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district.
B.
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 as permitted by the provisions for home occupations. Accessory uses include incidental structural repairs; storage in rear yards; parking facilities; gardening; servant's, owner's, agricultural laborer's, and watchman's quarters not for rent; private recreation facilities; playhouses; swimming pools; and underground private emergency shelters.
C.
Unclassified or unspecified uses may be permitted by the village plan commission; provided, that such uses are similar in character to the principal uses permitted in the district.
D.
Antennas.
1.
FCC antennas, to the extent placement does not prevent reception of an acceptable signal or impose unreasonable expense or delay, shall not be free-standing and shall be located so as to not be visible from any street and to minimize visibility from neighboring properties.
2.
Antennas, satellite dishes, and similar devices which do not meet the definition of an FCC Antenna shall not be located in any front yard, street yard, or side yard; shall not be attached to a structure facing such yards; shall not protrude above the roofline of the principal residence, and shall be setback at least five (5) feet from the property line.
3.
Construction of a non-FCC antenna requires a building permit and approval of the planning commission utilizing the criteria set forth in section 20.24.060.
4.
No antenna, except one designed to receive local television broadcast signals, shall protrude more than 12 feet above the roofline of the principal structure.
E.
Outdoor Furnaces.
1.
Purpose. This section is intended to promote and safeguard the public health, safety, welfare, and comfort of the citizens of the village of Kohler due to the air pollution, fire hazards and other problems associated with outdoor furnaces.
2.
Applicability. This section applies to all outdoor furnaces within the village. "Outdoor furnace" means a furnace, stove, or boiler that is not located within a building intended for habitation by humans or domestic animals, and that burns wood, wood pellets, corn or similar material.
3.
This section does not apply to grilling or cooking using charcoal, wood, propane, or natural gas in cooking or grilling appliances.
4.
This section does not apply to burning in a stove, furnace, fireplace, or other heating device within a building used primarily for human or animal habitation.
5.
This section does not apply to the use of propane, acetylene, natural gas, gasoline, or kerosene in a device intended for heating, construction or maintenance activities.
6.
Use Prohibited. Outdoor furnaces are prohibited and shall not be installed or operated within any zoning district in the village.
(Ord. 2005-4 § 1, 2005; Ord. 85-5 § 3 (part), 1985; Ord. 81-3 § 1 (part), 1981)
(Ord. No. 2008-1, § 2, 8-18-2008)
Editor's note— Ord. No. 2023-1, § 1, adopted May 15, 2023, repealed § 20.08.050 which pertained to prohibited uses and derived from Ord. 81-3, adopted 1981; and Ord. 94-3, adopted 1994.
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 title. No part of any lot, yard, parking area, or other space required for structure or use shall be used for any other structure or use.
(Ord. 81-3 § 1 (part), 1981)
The district height limitations stipulated elsewhere in this title may be exceeded, but such modifications shall be in accord with the following:
A.
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this title.
B.
Special structures, other than in the industrial district, such as elevators, gas tanks, necessary mechanical appurtenances, cooling towers, windmills, substations, publicly owned water towers, smoke stacks, and solar collectors, are exempt from the height limitations of this title, subject to review by the village plan commission.
C.
Electric power and communication transmission lines and structures are not exempted from the height restrictions of this title. It is the intent of this title that these facilities be placed underground.
D.
Public or semipublic facilities, such as schools, churches, hospitals, monuments, libraries, governmental offices and stations, may be erected to a height of sixty feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
(Ord. 85-5 § 4, 1985; Ord. 81-3 § 1 (part), 1981)
(Ord. No. 2008-1, § 3, 8-18-2008)
The yard requirements stipulated elsewhere in this title may be modified as follows:
A.
Architectural projections, such as chimneys, flues, sills, eaves and solar collectors may project no more than two feet into any required yard.
B.
Security fences, walls, and buffers are permitted on the property lines in all districts except residential districts. Fences shall not exceed ten feet in height. Decorative walls and landscape buffers may exceed ten feet in height subject to plan commission review.
C.
Accessory uses and detached accessory structures, including TV or other satellite discs or antennas, are not permitted closer to the street than the nearest line of the main building on any side, except for FCC antennas pursuant to section 20.080.040.D.
(Ord. 85-5 § 3 (part), 1985; Ord. 81-3 § 1 (part), 1981)
(Ord. No. 2008-1, § 4, 8-18-2008)
A.
Where the established building setback in any residential or business district is less than the minimum required, the street yard may be reduced to the average of the existing street yards of the adjacent structures on each side.
B.
Where the established building setback in any residential district is greater than the minimum required, no structure shall be permitted to extend more than five feet in front of the established building setback line.
C.
On a reversed corner lot, each yard abutting a street shall be governed by the front yard requirements.
(Ord. 81-3 § l (part), 1981)
A.
Since it is the intent of this title to preserve the past pattern bf development in the village, all lawful nonconforming uses and structures existing at the time of adoption or amendment of the ordinance codified in this title may be continued, maintained and/or rebuilt, although the use or structure does not conform to the provisions of this title, subject to the following.
B.
If a nonconforming use is discontinued or vacated for a period of two years, the village board of zoning appeals, in conformance with Chapter 20.28, may require that all future uses of the structure or land shall conform to the provisions of this title.
(Ord. 81-3 § 1 (part), 1981)
Consistent with the statement of intent with regard to nonconforming uses as set forth in Section 20.08.100 and in recognition of the values set forth in the master plan in its statements concerning the proposed farm community, it is declared that agricultural use of property is a permitted use (without limitation and without regard to the other permitted use designations herein provided) for all areas, until they are developed. Land areas within three hundred feet of an area developed consistent with the use requirements of this title shall be considered "buffer yard," and in such buffer yard the agricultural use shall be restricted to agricultural activities which are compatible to and do not interfere with the reasonable enjoyment of the use authorized for the developed area. This title shall be liberally construed so as to enhance all forms of agricultural activities in the undeveloped areas of the village. The eventual use requirements of this title are not intended to prescribe the current highest and best use.
(Ord. 81-3 § 1 (part), 1981)
(Ord. No. 2008-1, § 4, 8-18-2008)