Merton Village City Zoning Code
ARTICLE IV
General Provisions
§ 250-25 Compliance.
A.
Compliance. Except as may be otherwise specifically provided, the use, size, height, and location of buildings now existing or hereafter erected, moved, converted, extended, enlarged, or structurally altered; the provisions of open spaces, and the use of land, water, or structures shall be in compliance with the regulations established herein for the district in which such land, water, or building is located. Conditional uses are allowed only on permit granted by the Plan Commission. Where a lot is devoted to a permitted use, customary accessory uses and structures are authorized except as prohibited specifically or by necessary implication.
B.
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.
§ 250-26 Use regulations.
A.
Uses restricted. In any district no land shall be used and no building shall be erected, structurally altered, or relocated except for one or more of the uses as permitted in that district and in compliance with the regulations established for that district.
B.
Correction of nuisances. Any use, in any district, which becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, may be required to correct or improve such condition by such measures as are directed by the Village Board consistent with reasonable technological and economic practicality.
C.
Accessory uses. In any district, buildings and uses customarily accessory to the permitted uses in that district shall be permitted, subject to all applicable requirements of the district. In all cases, the principal building shall be under construction prior to the construction of any accessory buildings or the commencement of any accessory uses. With the exception of the R-1, R-2 and R-3 Districts, off-street parking facilities are a permitted accessory use in all districts. With the exception of the Business, Industrial and Historic Downtown Districts, accessory uses may not involve the conduct of any business, trade or industry other than home occupations, subject to § 250-26D.
D.
Home occupations are permitted, provided:
(1)
The home occupation shall be conducted entirely within the principal residential building.
(2)
Such home occupation shall not occupy more than 20% of the floor area of the principal building.
(3)
Such home occupation shall not employ more than one person not residing on the premises.
(4)
The home occupation shall be clearly secondary to use of the premises as a dwelling unit.
(5)
No alteration of the principal building shall be made which changes its character as a dwelling.
(6)
There shall be no outside storage of equipment or materials used in the home occupation.
(7)
No home occupation shall create a public nuisance. No home occupation shall create any offensive noise, vibration, smoke, dust, electronic interference, odors, heat or glare spilling over the property line.
(8)
Adequate off-street parking facilities shall be provided adjacent, or reasonably adjacent, to the building served.
(9)
No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood.
(10)
The primary function of the occupation shall not be the sales or rentals of goods from the site.
(11)
Not more than one home occupation may be operated from any one dwelling unit.
(12)
No more than one customer may be present at a time.
E.
Public utilities. Transmission lines, power lines, communication lines, and supporting structures associated with public utilities shall be permitted in any district.
F.
Pyramiding. Pyramiding, as defined in this chapter, shall not be permitted on any lands fronting on any body of water.
G.
Special use systems (solar, wind and communications). Special use systems are permitted as accessory uses in any district other than the C-1, when used solely by the occupants of the principal use, subject to the requirements of this section and all other applicable local, state and federal requirements.
(1)
Permit required. No special use system, with the exception of dish antennas less than three feet in diameter, shall be installed or erected in the Village of Merton without an approval from the Plan Commission and permit from the Building Inspector. The Plan Commission shall determine if the special use system conforms with the requirements of this chapter, is aesthetically harmonious with the principal use and will not adversely affect the neighborhood. The Plan Commission may consider written opinions of the owners of the neighboring properties in making their determination.
(a)
The permit application shall include the name and address of the applicant, a site plan, details for the system to be installed, and any additional information deemed necessary by the Building Inspector for proper review of the application.
(b)
The Building Inspector shall refer all applications for permits to the Plan Commission for review and approval.
(c)
An application for permit to install or erect a special use system shall be accompanied by a cash deposit in the amount of $300. This deposit shall be retained by the Village Clerk until final inspection and approval. If any person shall use the special use system prior to final inspection and approval, said bond shall be forfeited. The bond shall be returned upon compliance by the permittee of all requirements of this chapter.
(2)
Locational and installation requirements. Special use systems shall be located in a manner which conforms with the applicable locational and height requirements for accessory structures in the district in which the system is to located, except as may be modified by the following:
(a)
There shall be no separation distance requirement between the special use system and the principal building.
(b)
Special use systems shall be located not closer to the base setback line than the existing building setback or the required setback, whichever is greater.
(c)
Setbacks of all special use systems shall be equal to, or greater than, the setback requirements of the particular zoning district, and not less than the total vertical height of the system structure.
(d)
In a commercial or manufacturing district where the parcel abuts directly on a parcel that is residentially zoned, the more restrictive requirements of the residential district shall apply.
(e)
Earth satellite stations, commonly referred to as disks or dishes, shall have a maximum diameter of no more than 10 feet.
(f)
Earth satellite stations shall have a maximum total height of no more than 12 feet.
(g)
Portable or trailer-mounted satellite earth stations are not allowed. Exception: temporary installations for on-site testing and demonstration purposes may be allowed for periods not to exceed two days.
(h)
More than one solar energy conversion system, wind energy conversion system or dish antenna, subject to permit requirements, can be permitted on a lot or parcel.
(i)
Earth station dish antennas shall be of mesh construction and be located and designed to reduce their visual impact on surrounding properties. The Building Inspector may require adequate screening and unit color that harmonizes with such screening and the improvements already located on the premises. Neutral inconspicuous earth-tone colors shall be required.
(j)
All special use systems shall be installed according to manufacturers' specifications so as to withstand anticipated wind velocities. The design velocity shall be a minimum of 80 mph.
(k)
Priority of location of all special use systems shall be the rear yard.
(l)
Electrical installations in connection with special use systems, including grounding of the system, shall be in accordance with National Electrical Code standards. All cable used to conduct current or signals from the satellite earth station to the receivers shall be installed underground.
(3)
Special authorization may be required. Any installation of special use systems which cannot meet the size, locational or installation requirements set forth above may be authorized only by the Board of Zoning Appeals in accordance with the procedures outlined for such appeals in this chapter.
(4)
Termination. When any special use system is no longer functional and ceases to be used by the property owner or occupant, said system shall be removed upon written order of the Building Inspector.
H.
Wireless communications facilities.
(1)
Purpose and intent.
(a)
To ensure the provision of personal wireless service within the corporate boundaries of and for the benefit of the residents of the Village of Merton.
(b)
To protect the public health, safety, and general welfare of the community, public and private property, and community aesthetics.
(c)
To minimize the visual impact of wireless communications facilities, including antennas, guyed, lattice, self-supported and monopole towers and associated buildings and structures through design and siting standards.
(d)
To maximize the use of existing and approved wireless communications facilities, towers and buildings to accommodate multiple antennas in order to reduce the number of towers needed to serve the community.
(e)
To avoid damage to adjacent properties from tower failure through structural standards and setback requirements.
(2)
Conditional use permit required. A conditional use permit shall be required from the Plan Commission for wireless communications facilities in those zoning districts in which wireless communications facilities are allowed as conditional uses. Wireless communications facilities are allowed as conditional uses in the A-1 Agricultural, I-1 Limited Industrial District, P-1 Public and Semi-Public District and C-2 Upland Conservancy Overlay District.
(3)
Application. At the time of application for a conditional use permit, the applicant shall submit the following information:
(a)
A site plan showing the location of the proposed tower as well as the location of the proposed equipment storage building. The site plan shall include any equipment storage buildings that shall be designed to accommodate other potential carriers that may locate on the tower and accommodate expansion.
(b)
A written statement signed by the applicant that Federal Aviation Administration (FAA) and Wisconsin Department of Transportation, Division of Aeronautics, approval are not required, or a copy of the FAA and Wisconsin Department of Transportation, Division of Aeronautics, application if such approval is required.
(c)
An application for Department of Safety and Professional Services approval or a statement submitted by the applicant as to why Department of Safety and Professional Services approval is not required.
(d)
An explanation describing how the proposal is in concert with zoning and land use requirements of the particular zoning district.
(e)
A visual impact statement, including a site photo, drawing of the proposed structure, and setting forth the location of the structure plotted on an Official Zoning Map. The site shall be plotted on an aerial map of a scale of one inch equals 300 feet or finer, showing adjacent land uses within a radius of 2,500 feet of the structure.
(f)
A statement describing the access to the facility. In addition, applicant shall submit a horizontal plan of the facility, showing the relationship of all major components of the facility, including a tower, fence, buildings on site, lot lines and nearest residences and access roads.
(g)
A statement describing the impact on utility services at the proposed facility.
(h)
An engineering analysis, conducted by a registered professional engineer familiar with the structure, which considers the following:
[1]
Structural capacity.
[2]
Antenna aperture.
[3]
Space and equipment building.
[4]
FCC, FAA, and/or Department of Safety and Professional Services limitations.
[5]
The analysis shall include a written report from the engineer in the application describing strengthening methods to be used along with a statement that the proposed facility meets the latest Electrical Industrial Association requirements for southeast Wisconsin area wind loading zoning.
(i)
A detailed statement of how arcing, spurious emissions, intermodulation, and distortion will be minimized by RF transmitter filtering, secure bonding of waveguide, transmissions lines and other tower and guy attachments and the use of corrosion-resistant hardware.
(j)
If the application proposes a new tower structure instead of co-location, the applicant must also submit documentation outlining the reasons for not co-locating.
(4)
Co-location requirements. No proposal for the construction of a new wireless communications tower shall be approved unless the applicant documents to the satisfaction of the Village Plan Commission that the antenna planned for the proposed tower cannot reasonably be accommodated on an existing, conforming co-location tower or structure, or on a utility pole within the applicant's search ring, due to one or more of the following:
(a)
The antenna would exceed the structural capacity of the existing or approved tower or building.
(b)
The antenna would cause interference with other existing or planned equipment at the tower or building.
(c)
Existing or approved towers and buildings cannot reasonably accommodate the antenna at a height necessary for the proposed antenna to provide services to the residents and businesses of the Village.
(d)
Existing or approved towers and commercial buildings are outside of the documented search area.
(e)
The owners or lessors of the existing or approved towers and buildings are unwilling to allow co-location upon their facilities.
(5)
Plan Commission review. The Plan Commission shall consider the following criteria in granting a conditional use permit:
(a)
Whether the wireless communications facility complies with pertinent FCC regulations and federal requirements concerning RF emissions.
(b)
Whether or not municipal sites are available for a wireless communications facility.
(c)
Whether Federal Aviation Administration (FAA) and Wisconsin Department of Transportation Division of Aeronautics approval is required.
(d)
Whether Department of Safety and Professional Services approval is required.
(e)
The design of the existing structures and new towers or appurtenances to be placed on buildings or to be ground-mounted must be approved by a registered professional engineer familiar with the requirements of such structures. The professional engineer's analysis shall include:
[1]
Tower "free fall" zone based upon tower break points; radius for falling tower appurtenances, hardware and ice; wind scatter of paint; general public safety with respect to load capacity; percentage of ultimate tower capacity reserved for future use.
[2]
The configuration, design and size of any equipment storage buildings shall be consistent with buildings in the particular zoning district and will comply with the requisite setback requirements in the district.
(f)
Whether the proposal is in concert with the zoning and land use requirements of the particular zoning district.
(g)
Whether there is a visual impact of the wireless communications facility and the appurtenant buildings upon the adjacent area, including distance from residences, scenic vistas, and whether any appropriate landscaping is in place or proposed which would act as a screen, such as trees, berms or buildings. A surface paint or finish shall be used on all towers, antennas, and equipment that reduces the visibility of the tower and equipment. Equipment on an existing structure shall be painted to match the structure. Freestanding towers and equipment shall have a flat white finish, or other color as approved by the Plan Commission, to harmonize with the surrounding environment.
(i)
The impact of utility services at the proposed facility.
(j)
Whether there is adequate provision for maintaining the facility in good repair and condition, including painting and grass trimming.
(k)
Whether the proposed facility is the best alternative within a radius of one mile.
(l)
The number of users that could be accommodated on the proposed structure, based upon an engineering analysis conducted by a registered professional engineer familiar with the requirements of the structure, which considers the following:
(m)
In determining whether to grant a conditional use permit, the Plan Commission may impose conditions to the extent the Plan Commission concludes such conditions are necessary to minimize any adverse effect of the proposed facility on adjoining properties.
(n)
In the event additional equipment is required for reasons such as new technologies or a greater number of carriers than anticipated, then the existing storage building shall be expanded to accommodate such equipment. Where, based on the site configuration, it is not practical to design one equipment storage building to accommodate the needs of the total number of carriers on the tower, the Plan Commission may allow more than one equipment storage building on a site.
(6)
Setbacks.
(a)
The minimum setback from any property line, public right-of-way, building or structure shall be equal to 110% of the height of the tower.
(b)
Setbacks for accessory buildings and structures incidental to the use of the tower or antenna shall comply with the requirements of the zoning district in which the structure is located.
(7)
Abandonment. Any wireless communications facility that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such facility shall remove the same within 90 days of receipt of notice from the Village notifying the owner of abandonment.
I.
Swimming pools.
(1)
Use permitted. Aboveground and below-ground swimming pools, capable of containing water to a depth of 24 inches or more, including adjustable-depth pools, are permitted in any district other than C-1 District, subject to the following:
(a)
The pool must be intended to be used solely by the occupants of the principal use of the property on which the pool is intended to be located and their guests.
(b)
Any pool, together with its surrounding walks, patios, diving platforms, bathhouses, and accessory structures, shall be located only within the rear yard so that the parts of said complex are in conformity with the setback requirements of the applicable districts and meet the distance requirements established in the state and county sanitary codes.
(c)
All swimming pool walls less than 48 inches above surrounding grade shall be enclosed with a fence. The grade must extend four feet horizontally from the pool wall. The fence shall be of the nonclimbable nature and have a self-closing gate with a self-latching locking device placed at the top of the gate. The fence shall be a minimum of 48 inches above grade. The fence must be located a minimum of four feet from the pool wall.
(d)
All aboveground pools which do not require a fence must have the ladder removed when the pool is not attended.
(2)
Permit required. No swimming pool shall be constructed unless a zoning permit has been issued pursuant to § 250-51.
(a)
An application for a permit to construct a pool shall be accompanied by a cash deposit in the amount of $300. This deposit shall be retained by the Village Clerk until final inspection and approval. If any person shall use the pool prior to final inspection and approval, said bond shall be forfeited. The bond shall be returned upon compliance by permittee with all requirements of this chapter.
(b)
No pool shall be used until the Building Inspector has made his final inspection and has approved all phases of construction, including the erection of necessary fencing. Water in the pool, except for minimal amounts for purposes of testing, shall be considered evidence of use.
J.
Temporary uses and structures. Temporary uses and structures, such as temporary signs, real estate sales field offices, or shelters for materials and equipment being used in construction of a permanent structure, may be permitted by the Village Plan Commission for a period not to exceed one year.
K.
Unclassified uses. Unclassified or unspecified uses shall not be permitted until the Board of Zoning Appeals has reviewed and approved an application in accordance with the requirements of § 250-54 of this chapter.
L.
Portable structures. Portable structures are prohibited, except as permitted below or unless permitted by the Village Plan Commission after considering the purpose of this chapter, for a period not to exceed one year.
(1)
Portable storage structures. The use of portable storage structures are allowed under the following conditions:
(a)
There must be no more than one portable storage structure per property.
(b)
The portable storage structure must be no larger than 10 feet wide, 20 feet long and 10 feet high.
(c)
A portable storage structure must not remain at a property in any zoning district in excess of 30 consecutive days and must not be placed at any one property in a zoning district in excess of 30 days in any calendar year.
(d)
The portable storage structure must be set back a minimum of five feet from all property lines.
(e)
The portable storage structure must be set back a minimum of five feet from the nearest wall of a building.
(f)
The portable storage structure must be placed on an asphalt or concrete surface.
(g)
Portable storage structures associated with construction at a site where a building permit has been issued are permitted for the duration of construction and shall be removed from the site within 14 days of the end of construction. Portable storage structures associated with construction are exempt from the aforementioned conditions.
(2)
Donation dropoff boxes. Donation dropoff boxes are prohibited on all public and private property in the Village except under the following conditions:
(a)
Donation dropoff boxes are allowed on property where the primary structure is used by a not-for-profit organization, as defined by the state statutes, and the box is used exclusively to support said organization.
(b)
The dropoff boxes must be placed within the buildable area of the lot in an interior side or rear yard and screened from view of any public right-of-way.
(c)
There must be no more than two dropoff boxes per property.
(d)
The dropoff box must be no larger than six feet wide, six feet deep and eight feet high.
(e)
All donations must be fully enclosed in a donation dropoff box. Donations that are not fully enclosed in a donation dropoff box are considered a public nuisance and subject to removal by the Village at the owner's expense.
§ 250-27 Legal nonconforming structures, uses and lots.
A.
Existing use permitted. The existing lawful use of a lot, building, or premises at the time of the enactment of this chapter or any amendment thereto may be continued although such use does not conform with the provisions of this chapter for the district in which it is located, subject to conditions hereinafter stated.
B.
Classification and regulations. For the purposes of administration, legal nonconformity shall be classified and regulated as follows:
(1)
Nonconforming structures.
(a)
No structure shall be modernized, expanded, or enlarged during its life, except in conformity with the applicable district regulations, if such total repairs exceed 50% of the current fair market valuation of the structure.
(b)
Where such structure is damaged beyond 50% of its current fair market valuation, it shall not be restored except in conformity with the applicable district regulations.
(2)
Nonconforming use of structures and land.
(a)
No such use shall be expanded, enlarged, or extended.
(b)
Upon petition to and approval by the Village Board of Zoning Appeals, such use may be changed to another use, provided the Village determines that the new use would not result in a greater degree of nonconformity than the current use.
(c)
When any such use is discontinued for 12 consecutive months or 18 cumulative months during a three-year period, any future use of the land or structure shall conform to the use regulations of the applicable district. A business of a seasonal nature shall not be deemed discontinued during periods in which it is normally inactive (for example, summer camps, snowmobile courses, ski areas, marinas, etc.).
(d)
When a structure which houses such nonconforming use is damaged to the extent of more than 50% of its current fair market valuation, it shall not be restored for any use except in conformity with the applicable district regulations.
(e)
Total structural repairs or alterations to a structure housing a nonconforming use, but not including additions to the use, shall not, during the life, exceed 50% of the fair market valuation of the structure.
(3)
Nonconforming lots. The size and shape of such lots shall not be altered in any way that would increase the degree of such nonconformity to the applicable district regulations. Existing adjacent nonconforming lots held in common ownership shall be treated as a single lot for the purposes of this chapter, including, but not limited to, the determination of setbacks and lot coverage for new construction and additions.
C.
Fair market valuation. In case a question arises concerning what is the current fair market valuation of a structure, as applied to the above provisions, an appraisal of the property shall be made by an appraiser mutually agreed upon by the Village and the property owner in question. Any costs incurred shall be shared equally by the Village and the property owner in question.
D.
Wetland nonconforming uses. Notwithstanding § 62.23(7)(h), Wis. Stats., the repair, reconstruction, renovating, remodeling or expansion of a legal nonconforming structure or any environmental control facility related to a legal nonconforming structure, located in the C-1 Wetland Conservancy District and in existence at the time of adoption or subsequent amendment of this chapter, is permitted pursuant to § 61.351(5), Wis. Stats.
E.
Floodland nonconforming uses. Floodland nonconforming uses repaired or altered under the nonconforming use provisions of this chapter shall provide for floodproofing to those portions of the structures involved in such repair or alteration. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the one-hundred-year recurrence interval flood.
§ 250-28 Site regulations.
A.
Building must be on a lot. Every building hereafter erected, structurally altered, or relocated shall be located on a lot, as defined herein. In no case shall there be more than one principal building on a lot, except as noted below. No accessory buildings shall be constructed until the principal building is under construction or complete.
[Amended 8-5-2021 by Ord. No. 194]
(1)
The Plan Commission may approve more than one principal building on a lot within the HD, B-1, I-1 and P-1 Zoning Districts with an approved conditional use or site plan when needed for the orderly development of the property. When multiple buildings are allowed, the Plan Commission may impose additional yard requirements, landscaping requirements, parking requirements or require a minimum separation distance between principal structures and any requirements of the Waukesha County Department of Parks and Land Use – Division of Environmental Health. Said Plan Commission approval for more than one principal building on a lot shall be duly noted in the meeting minutes.
B.
Building lots must front on a public street. All lots shall abut upon a public street, and each lot shall have a minimum frontage of 60 feet at the right-of-way. Half streets shall not be platted unless necessary to provide the full width of an existing street that has already been platted to half width. All newly platted streets shall be platted to the required full width. Where a proposed half street exists adjacent to a proposed land division, the subdivider shall endeavor to acquire and dedicate the remaining half street.
C.
Grade. Every building hereafter erected, structurally altered, or relocated shall be at a grade approved by the Zoning Administrator or Village Engineer as being in satisfactory relationship with the established street grades or with the existing street grade, where one is established. This determination shall be based upon consideration of proper drainage, safe vehicular access, and relationship to stream and lake levels.
D.
Preservation of topography. In order to protect the property owner from possible damage due to changes 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 adversely affect the adjoining property. In all cases, any slope shall be protected against erosion.
E.
Building permit and master grading plan. No work, including but not limited to earthmoving, filling, excavating, or tree removal, shall be conducted on any Village of Merton lot without first obtaining a building permit unless the work is consistent with an approved master grading plan.
F.
Prohibited buildings or structures.
(1)
For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property values, no person shall use, erect, construct, alter, or enlarge any structure, nor shall any substantial changes be made to any site improvements in any district, and the Zoning Administrator may deny a permit if any of the following apply:
(a)
The design or exterior appearance of the structure is incompatible with its surroundings or is of such unorthodox or abnormal character in relationship to its surroundings as to be unsightly or offensive.
(b)
The design or exterior appearance of the structure is so similar to those within a reasonable proximity as to create excessive monotony or drabness.
(c)
Any exposed facade of the structure is constructed or faced with a finished material that is aesthetically incompatible with the other facades and presents an unattractive appearance to the public and to surrounding properties.
(d)
The structure or use would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.
(e)
The structure or use would have a negative impact on the maintenance of safe and healthful conditions in the Village.
G.
In an A-1 Agricultural District, the Plan Commission may grant a special exception to § 250-28A pursuant to the authority granted the Plan Commission under § 250-55G to permit a second principal building or structure, as defined in § 250-9, provided both buildings are situated on the property in such a manner that the property could be divided into separate lots meeting the requirements of this chapter. Neither building may be sold separately unless the property is subsequently divided so that each principal building or structure, as defined in § 250-9, is located on a separate lot as required by § 250-28A and each property is fronting a public street as required by § 250-28B.
§ 250-29 Drainage regulations.
A.
Adequate drainage required. No principal building shall be erected, structurally altered, or placed on land which is not adequately drained at all times nor which is subject to periodic flooding.
B.
Obstruction to drainage prohibited. The damming, filling, relocating, or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except with approval of the Plan Commission and, where necessary, the Department of Natural Resources.
C.
Building restricted adjacent to drainage channels or watercourses. No building or structure, other than a bridge, dam, boathouse, or revetment subject to the aforesaid approval, shall be erected, structurally altered or placed within 20 feet of the ordinary high-water mark of such surface water drainage channel or natural watercourse. The lowest floor of said building shall be not less than three feet above the ordinary high-water mark. If the land lies in a floodplain district, the regulations of such district shall apply.
§ 250-30 Sanitary and water supply.
A.
Safe sewage and disposal. No principal building shall be erected, structurally altered, or placed on a lot having no public sewer available unless it has been certified by the Building Inspector that the sanitary plans have received all necessary permits and approvals and conform with all applicable laws and ordinances which pertain to such systems, including but not limited to the issuance of a sanitary permit from the Wisconsin Department of Safety and Professional Services to serve the building. No occupancy permit shall be issued prior to the installation of a sewage disposal system that conforms to the approved plans.
B.
Outhouses prohibited. No outhouse or privy, as defined, shall hereafter be erected. Sealed vaults, portable chemical toilets, and similar facilities, when used in conjunction with park and open space land uses or with ongoing construction, may be permitted subject to approval of the Waukesha County Department of Parks and Land Use and the Village Plan Commission.
C.
Water supply required. No occupancy/use permit shall be issued for a principal building or structure unless provision is made for a safe and adequate supply of water or connection is to be made to an approved municipal or community water system.
§ 250-31 Building location.
A.
Principal building or structure. No principal building or structure shall be erected, altered or placed so that any roofed or enclosed portion encroaches into the street, side and rear yards as established by the street, side and rear setback regulations for the district in which such building or structure is located. The Plan Commission may grant special exceptions if consistent with the purpose of this chapter as set forth in § 250-2.
B.
Abutting lots in different districts.
C.
Vision setback area.
(1)
To protect the visibility of motorists, cyclists, riders, and pedestrians at the intersection of any two streets, or of any street and any alley or driveway, no substantial impediment to visibility shall be created or maintained between the heights of 2 1/2 feet and 10 feet above the mean curb grades within the triangular area described as follows:
(a)
At the intersection of two public streets, beginning at the intersection of the right-of-way edges (projected if corners are rounded), thence 50 feet along the edges of both rights-of-way, thence along a line connecting these points; or
(b)
At the intersection of a public street and a private driveway, alley or similar use, beginning at the intersection of the edges of driving surfaces (projected if corners are rounded), thence 15 feet along the edges of both driving surfaces, thence along a line connecting these points.
(2)
A substantial impediment to visibility is defined as any fence, wall, hedge, planting or other obstacle which substantially blocks the view of approaching vehicular, cyclist or pedestrian traffic. Necessary highway and traffic signs, public utility lines, and open fences through which there is clear vision shall not be considered substantial impediments to visibility.
D.
Corner lots. Corner lots shall have two street yards, and a rear yard shall be provided opposite the street yard of the street from which the building or structure obtains its primary access.
E.
Setback modifications. After review, the Plan Commission may permit certain yard requirements to be modified, but such modifications shall be in accord with the following:
(1)
Uncovered stairs, landings, and fire escapes may project into any required yard but not more than six feet and not closer than three feet to any lot line.
(2)
Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard, but such projection shall not exceed three feet.
(3)
In any street yard, additions to existing structures may be permitted but shall not project beyond the average of the existing street yards on the abutting lots.
F.
Maintenance and use of setback areas. Any such required setback area shall be landscaped and kept clean and free from the accumulation of debris and refuse. Such required setback areas shall not be used for the storage or display of equipment, products, vehicles, or other materials.
§ 250-32 Height regulations.
A.
Maximum height. In any district, no buildings or structures shall be erected or structurally altered to a height in excess of that specified by the regulations for that district.
B.
Exceptions. The following shall be excepted from the height regulation of all districts:
(1)
Chimneys and flues.
(2)
Electric power and communication transmission lines.
(3)
Exception to the height regulation is subject to the approval of the Plan Commission for the following: cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless communications or broadcasting towers, masts, aerials, wind-powered electricity-generating units, and necessary mechanical appurtenances.
C.
Increase permitted, subject to the approval of the Plan Commission:
(1)
The maximum height of silos and windmills in an Agricultural District and water towers and tanks in the Public and Semi-Public District may be increased above the maximum allowed in the district; however, all required setbacks for such structures shall be increased by one foot for each foot by which such structures exceed the height limit.
(2)
The maximum height of all other structures may be increased by not more than 10 feet above the maximum allowed in the district. All required setbacks for the structures shall be increased by one foot for each foot by which such structures exceed the height limit.
§ 250-33 Area regulations.
A.
Floor area.
(1)
Minimum required. Any building intended in whole or part for residential purposes shall provide a minimum floor area and ground floor or other above-grade utility area as specified by the regulations for the district in which such building is located.
(a)
In the case of a single-family detached residential building that has only a single floor level, the total of all livable floor area that is not over any other livable floor area shall be called the first-floor area and shall conform to the required minimum total floor area. In the case of a building with more than one floor level, the minimum required first-floor area shall be as specified for the district in which the building is located.
(b)
Total floor area must be increased by 200 square feet if at least 300 square feet of basement or above-grade utility area is not provided for each dwelling unit.
(c)
In the case of any lot of record on May 15, 1980, where at least five dwellings of less than the minimum required floor area exist within a radius of 500 feet of such lot, a reduction in the required minimum floor area shall be permitted to conform to the average of all dwellings within said radius, but in no case to be less than 1,200 square feet of total livable floor area.
(2)
Maximum ground coverage permitted. The maximum total ground coverage of the principal building and all accessory buildings and structures shall not exceed that permitted under the maximum ground coverage as specified by the regulations for the district in which such buildings are located.
B.
Lot size.
(1)
No building shall be erected on a lot of less area or width than specified by the regulations of the district in which such building is located with the exception of substandard lots of record existing as of May 15, 1980. Construction on substandard lots of record is subject to the following:
(a)
A substandard lot of record which is at least 60 feet wide and 9,000 square feet in area shall be required to meet the following setback requirements, although those in the HD District may follow the district setback requirements.
(2)
No lot area shall be reduced so as to create a lot of less than the required size or so that the existing setbacks, open space or lot area would be reduced below that required by the regulations for the district in which such lot is located.
§ 250-34 Residential garages required.
One private garage at least 20 feet by 22 feet is required for each dwelling unit in a residential district and residential properties in the HD Historic Downtown District built subsequent to the effective date of this chapter. In the case of single-family detached dwellings, such garages must be attached to the principal building except for those located in subdivisions or certified survey maps recorded prior to May 15, 1980, or located in the HD Historic Downtown District.
§ 250-35 Landscaping.
Any parcel of land upon which a structure is built shall be cleaned up and all piles of debris removed before occupancy or Village acceptance of roads, whichever is first. Rough grading and soil piles shall be cleared within six months of occupancy, and grading shall be completed and bare spots seeded within 12 months of occupancy.
§ 250-36 Outdoor storage of materials and vehicles.
A.
Purpose. For the purposes of maintaining a satisfactory visual appearance within the Village, promoting harmony between residential neighbors, preventing an adverse effect on property values and public health and safety, and preventing the accumulation of materials and inoperable vehicles which may be unsightly, outdoor storage shall be regulated as described in this section.
B.
Unsightly or unsanitary materials. No unsightly or unsanitary materials such as manure, rubbish, salvage material or miscellaneous refuse may be stored in the open within any district.
C.
Firewood storage. In all districts, firewood for personal use shall be stored only in rear yards and shall be neatly stacked not higher than four feet from grade and located not closer than three feet to any lot line. Woodpiles containing diseased wood that may transmit disease to healthy trees, or woodpiles inhabited by rats or other vermin are public nuisances and shall be abated.
D.
Unlicensed, unregistered vehicles (operable or inoperable). A motor vehicle that is no longer licensed or is abandoned, disassembled, nonoperative, disabled, junked or wrecked shall not be stored anywhere on any premises unless it is completely enclosed in a structure.
E.
Recreational vehicles, boats. One recreational vehicle, camping trailer, boat on a trailer, or similar vehicle, not exceeding 30 feet in length, may be stored outdoors on a residential lot in the driveway or immediately off the driveway, but shall not be stored in front of the residential dwelling. One additional vehicle of this type, providing that it is owned or used by occupants of the premises, may be stored in the rear yard or in an interior side yard and parked not closer than five feet from any lot line, or stored inside a garage.
F.
Yard maintenance. All yard areas shall be maintained in a clean and sanitary condition, free from debris, brush, severed tree limbs, felled trees, rubbish or garbage, and physical hazards.
(1)
No interior household items, such as appliances, furniture, furnishings, or parts or components thereof, may be stored or used on any private property unless within a building.
(2)
No litter, garbage, junk or other refuse shall be allowed to accumulate on a property so that there is a risk of insect or rodent problems.
(3)
No yard areas shall be used for vehicle parking on a regular basis unless such areas are surfaced as legal driveways or parking areas.
(4)
Driveways, walks and parking areas shall be maintained in a safe and well-maintained condition.
§ 250-37 Accessory buildings, structures, and fences.
A.
Purpose. The intent of this section is to provide for and regulate the location and construction of accessory buildings, structures, and fences to ensure that they are compatible with surrounding land uses and the community as a whole.
B.
Accessory buildings or structures.
(1)
No detached accessory building or structure shall be erected, structurally altered, or placed other than in a rear yard, except as provided in § 250-37B(5), and any roofed or enclosed portion shall be no closer than 10 feet to a lot line.
(2)
Any accessory building or structure which is attached to a principal building or structure shall comply with setbacks established by the district regulations for principal buildings and structures.
(3)
No detached accessory building over 400 feet in area shall be erected on any lot in any district without prior approval of the Plan Commission. In residential districts and residential properties in the HD Historic Downtown District, detached accessory building shall not exceed 1,200 square feet in area and may be limited to a smaller size at the discretion of the Plan Commission. The Plan Commission in making its decision shall consider its intended use, its relation to other buildings, the proposed building location, the materials of which the building is to be built, any proposed landscaping, the harmony with surrounding buildings and the effect thereof upon other buildings in the neighborhood. The decision of the Plan Commission shall be stated in writing, including reasons for not approving or any conditions of approval.
(4)
All detached accessory buildings, regardless of size, shall be constructed on concrete foundations, as approved by the Building Inspector.
(5)
Accessory buildings and structures are permitted as follows in all residential districts:
Front Yard | Rear Yard | Side Yard | Street Side of Corner Lot | |
|---|---|---|---|---|
Arbor | P | P | P | P |
Basketball hoop | P | P | P | P |
Basketball/tennis/volleyball courts | P | |||
Carport | ||||
Children's playhouse | P | |||
Communications antenna | ||||
Deck | P | P | ||
Flagpole | P | P | P | P |
Fountain | P | P | P | P |
Garage, detached | P | |||
Gazebo | P | |||
Greenhouse, detached | P | |||
Handicap ramp | P | P | P | P |
Hot tub/spa | P | |||
Laundry posts | P | |||
Play equipment/swing sets | P | |||
Pool and pool accessory building | P | |||
Porch | P | P | P | P |
Satellite dish, 24 inches or less | P | P | P | P |
Satellite dish, over 24 inches | P | |||
Skateboard ramp | ||||
Solar collector | P | |||
Storage shed | P |
P = Permitted |
Blank = Not permitted |
C.
Fences.
(2)
For the purposes of this § 250-37C, corner lots or lots abutting more than one street shall have a street yard for each street the lot abuts. The following fences shall be permitted in any street yard that is not of the street from which the building or structure obtains its primary access:
(a)
Ornamental fences as described in § 250-37C(5).
(b)
An open or solid fence may be permitted at a distance not closer than 50 feet from the property line abutting the street.
(3)
At no time is any fence permitted in the road right-of-way.
(4)
All fences shall be constructed with the finished or decorated side facing the right-of-way or adjacent or abutting properties.
(5)
Ornamental fences are permitted as follows:
(a)
Location. Ornamental fences are permitted in all zoning districts.
(b)
Installation. Along any property line or in any yard.
(c)
Height. Shall not exceed a height of three feet.
(d)
Opaqueness. Shall have more than 60% of their surface area open for free passage of light and air.
(e)
Does not enclose or is part of any enclosure that acts as a retaining structure.
(f)
Ornamental fences are often of the rail, split-rail, or wrought-iron type.
(6)
Open fences are permitted as follows:
(a)
Location. Open fences are permitted in all zoning districts.
(b)
Installation. Open fences are permitted in the rear yard.
(d)
Opaqueness. Open fences shall have a minimum of 40% of their surface area open for free passage of light and air.
(e)
Open fences are often of the picket, rail, or wrought-iron type. Hardware cloth, chicken wire, and chain link are not permitted.
(7)
Solid fences are permitted as follows:
(a)
Location. Solid fences in all districts are only permitted in the rear yard.
(b)
Installation. Solid fences shall be located a minimum of 20 feet from property line and a minimum of 50 feet from property lines abutting a street.
(c)
Height. Solid fences shall not exceed five feet in height.
(d)
Opaqueness. Solid fences are constructed to be a minimum of 60% opaque.
(8)
Dog runs are permitted as follows:
(a)
Location. Dog runs are permitted in the rear yard.
(b)
Installation. Dog runs shall be located at least 20 feet from the property line and not closer than 50 feet from any property line abutting a street.
(c)
Height. Dog runs shall not exceed six feet in height.
(d)
Size. No property shall have more than 480 square feet of designated dog run.
(e)
Dog run fencing may be constructed of open, solid, or chain-link type fencing.
(9)
All swimming pool walls less than 48 inches above surrounding grade shall be enclosed with a fence. The grade must extend four feet horizontally from the pool wall. The fence shall be of the nonclimbable nature and have a self-closing gate with a self-latching locking device placed at the top of the gate. The fence shall be a minimum of 48 inches above grade. The fence must be located a minimum of four feet from the pool wall. Fencing for swimming pools may be constructed of open or solid-type fencing materials. Fencing associated with swimming pools shall be located within the buildable area of the lot as per § 250-26I.
(10)
The Plan Commission may grant a special exception to allow the construction of a fence or wall not permitted under Subsection C(1). To grant the special exception there must be exceptional, extraordinary, or unusual circumstances or conditions that do not apply generally to other properties in the same district. The granting of the special exception should not be of so general or recurrent nature as to suggest that the Zoning Ordinance should be changed. The application process for a special exception shall include a public hearing as defined in § 250-54E and F of this chapter.