New Auburn Village City Zoning Code
ARTICLE II
Zoning Districts and District Regulations
§ 350-15 Jurisdiction and compliance; word usage.
A.
Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water, and air within the corporate limits of the Village of New Auburn.
B.
Compliance.
(1)
Within the Village, the use of any land; the size, shape, and placement of lots; the use, size, height, location, and types of structures thereon; and the provision of open spaces shall be in compliance with the regulations established herein and made applicable to the district or districts in which such land or structure is located.
(2)
Where a building permit for a structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is completed within 12 months of such effective date, such structure may be completed in accordance with the approved plans on the basis in which the building permit has been issued, and further may upon completion be occupied by the use for which originally designated. An extension of up to 12 months may be allowed by the Village Board provided good cause is shown.
C.
District regulations to be complied with. Except as otherwise provided in this chapter, the use and height of buildings hereafter erected, converted, moved, enlarged, or structurally altered, and the use of any land, shall be in compliance with the regulations established herein for the district in which such building or land is located.
D.
General interpretation. The following rules of construction apply to this chapter: Words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory and not discretionary. The word "person" includes an individual, all partnerships, associations, and bodies political and corporate. The word "lot" includes the word "plot" or "parcel" or "tract." The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied."
§ 350-16 General use regulations.
Only the following uses and their essential services may be allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses, specified in a district.
B.
Accessory uses. Accessory uses and structures as specific are permitted in any district but not until their principal structure is present or under construction. Any permanent, roofed structure serving as an accessory use, if attached to the principal building, shall be considered a part of the principal building. If such structure is a building and is not attached to the principal building, it shall conform to the setback and other dimensional requirements of the district within which it is located. Residential accessory uses shall not involve the conduct of any business, trade or industry, with the exception of home occupations as allowed for under § 350-46.
C.
Conditional uses.
(1)
Conditional uses are considered as special uses requiring, for their authorization, review, public hearing, and approval by the Village Board in accordance with § 350-102 of this chapter.
(2)
Preexisting conditional uses. Those existing uses which are classified as conditional uses for the district(s) in which they are allocated at the time of adoption of this Code require not action by the Village Board for them to continue as valid conditional uses, and the same shall be deemed to be "regular" conditional uses.
D.
Uses not specified in code:
(1)
Any use not specifically listed as a permitted use or a conditional use in the districts established in § 350-18 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Planning Commission for determination in accordance with the following procedure:
(a)
Application. Application for determination for classification of an unlisted use shall be made in writing to the Planning Commission and shall include a detailed description of the proposed use and such other information as may be required by the Planning Commission to facilitate the determination. Material Safety Data Sheets will be required for all materials being used, unless specifically exempted by the Planning Commission.
(b)
Investigation. The Planning Commission shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in the Ordinance and to determine its classification.
(c)
Public hearing. The Planning Commission shall fix a reasonable time and place for a public hearing following the receipt of an application for the determination of a classification of an unlisted use, publish a Class 1 notice thereof and shall give due notice to the parties in interest and the Building Inspector.
(d)
Determination. The determination of the Planning Commission shall be rendered in writing within 40 days from the date of the public hearing and shall include findings supporting the conclusion. The Planning Commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in § 350-18.
(2)
Effective date of determination. At the time of the determination of the classification of the unlisted use by the Planning Commission, the classification of the unlisted use shall become effective.
§ 350-17 Lot provisions.
A.
Street frontage. All lots shall abut a public street or approved private road or way which is constructed to applicable standards.
B.
Principal structures. All principal structures shall be located on a lot; and only one principal structure shall be located, erected or moved onto a lot in the single-family residential districts.
(1)
The Planning Commission may permit more than one principal structure per lot in districts where more than one principal structure is needed for the orderly development of the parcel. When additional structures are permitted, the Planning Commission may impose additional yard requirements, landscaping requirements, or parking requirements, or may require a minimum separation distance between principal buildings. Reference, § 300-7, Code of Ordinances for certified survey requirements if no subdivision.
§ 350-18 Existing substandard lots.
A.
Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter. A permit for the improvement of a lot with lesser dimensions and requisites than those stated below shall be issued only after a variance is granted by the Zoning Board of Appeals.
B.
Legal nonconforming or substandard lots may be utilized as a building site for a permitted use (but not for a conditional use) in the associated zoning district, if all of the following apply:
§ 350-19 Yard regulations and exceptions.
A.
Measurements shall be taken from the nearest point of building to the lot line in question, subject to the following:
(1)
On lots having double frontage (through lots), the required front yard shall be provided on both street sides.
(2)
On corner lots, lot having double frontage, the required front yard for that district shall be provided on both street sides. The width of the yard along the side street shall not be less than any required front yard on such street.
B.
No yard or other open space existing on the effective date of this chapter shall be reduced below the minimum required by this chapter.
C.
No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open spaces or minimum lot area requirements for any other structure or parcel.
D.
Uncovered stairs, porches, landings, and fire escapes may project into any yard, but not to exceed six feet and not closer than six feet to any lot line.
E.
Architectural projections, such as chimneys, flues, sills, eaves, and ornaments, may project into any required yard, but such projections shall not exceed three feet.
F.
Essential services. Essential service, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
G.
Landscaping. Landscaping and vegetation are exempt from the yard requirements of this chapter.
H.
Decks, porches, and handicapped ramps. For purposes of this chapter, decks and porches shall be considered a part of a building or structure for determining setback compliance. Handicapped ramps shall not be considered a part of a building for determining setback compliance.
§ 350-20 Height regulations and exceptions.
A.
Architectural projections, such as spires, steeples, belfries, parapet walls, cupolas, domes, flues, and chimneys are exempt from the height limitations of this chapter.
B.
Special structures, such as elevator penthouses, tanks, grain elevators, silos, observation towers, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smokestacks, are exempt from the height limitations of this chapter.
C.
Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.
D.
Communication structures, such as radio and television transmission and relay towers, aerials, and radio and television receiving and transmitting antennas, are exempt from the height limitations of this chapter. This does not include earth station dish antennas.
E.
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanatoriums, libraries, and government offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structures exceed the district's maximum height requirement.
F.
Agricultural structures. Barns, silos and windmills shall not exceed in height their actual distance from the nearest lot line.
§ 350-21 Sanitary sewers.
A.
Purpose. The purpose of this section of the chapter is to maximize public investment in sanitary sewer and sewage treatment infrastructure, and protect surface and ground water, in the interest of public health, safety, and welfare.
B.
Standard. Soils, geologic and hydrogeologic conditions within the Village are not suitable for on-site sewage treatment systems and holding tanks. The Village has made a substantial investment in its sanitary sewer and sewage treatment infrastructure and this system has significant capacity for future growth. Therefore, no new building, structure, activity or use shall be allowed to employ on-site sewage treatment systems and holding tanks within the Village of New Auburn, unless exempted by specific action of the Village Board. If the municipal sewer serves the proposed site or can be constructed to serve the proposed site, an exemption will not be granted or will be granted conditioned upon hook-up to the Village sewer when it is available. Nothing contained herein will bar the use of existing on-site sewage treatment systems provided they are "not failing," (as defined by § 145.245, Wis. Stats., and regulations adopted thereunder including any revisions of such law), and lawful.
§ 350-22 Zoning districts established.
§ 350-23 Zoning district boundaries.
A.
Zoning Map and amendments. The boundaries of the aforesaid zoning districts are hereby established as shown on the "Village of New Auburn Official Zoning Map," dated March 30, 2023, as amended periodically,[1] which is adopted by reference and made a part thereof. Such map, together with a copy of this chapter, shall be available for public inspection in the office of the Village Clerk and shall be certified by the Village President and attested by the Village Clerk. No change shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map. Changes to the Zoning Map (Zoning Map amendments) shall further or not contradict, the objectives, goals, and policies contained in the Village of New Auburn Comprehensive Plan.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Boundary lines.
(1)
The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.
(2)
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.
(3)
In unsubdivided property, the district boundary shown on the map shall be determined by use of the scale shown on such map.
(4)
Zoning of rights-of-way. All streets, alleys, public ways, waterways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting them. Where the center line serves as a district boundary, the zoning of the right-of-way shall be deemed to be the same as that of the abutting property up to such center line, unless otherwise specifically designated.
(5)
Vacation. Vacation of public streets and alleys pursuant to § 840.11, Wis. Stats., shall cause the land vacated to be automatically placed in the same district as the abutting sides to which the vacated land reverts.