New Glarus City Zoning Code
ARTICLE II
Use, Site and Bulk Regulations
§ 305-9 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 for a district.
B.
Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.
C.
Conditional uses.
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Plan Commission in accordance with Article IV of this chapter, excepting those existent at time of adoption of Chapter 305, Zoning.
(2)
Those existing uses which are classified as conditional uses for the district(s) in which they are located at the time of adoption of this chapter require no action by the Plan Commission for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.
(3)
A proposed change from permitted use in a district to a conditional use shall require review, public hearing and approval by the Plan Commission in accordance with Article IV of this chapter.
(4)
A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of a new conditional use(s) shall require review, public hearing and approval by the Plan Commission in accordance with Article IV of this chapter.[1]
[1]
Editor's Note: Former Subsection C(5), which immediately followed this section, was repealed 3-3-2020 by Ord. No. 20-03.
D.
Uses not specified in Zoning Code.
(1)
Uses not specified in this chapter which are found by the Village Board, upon the recommendation of the Plan Commission, to be sufficiently similar to specified permitted uses for a district shall be allowed by the Zoning Administrator.
(2)
Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board, upon the recommendation of the Plan Commission, after public hearing and approval in accordance with Article IV of this chapter.
E.
Validity of zoning permits. Where the Zoning Administrator has issued a zoning permit pursuant to the provisions of this chapter, such permit shall become null and void unless work thereon is substantially underway within six months of the date of the issuance of such permit by the Zoning Administrator, except when the Zoning Administrator extends such deadline in writing.
[Amended 7-1-2003 by Ord. No. 03-04; 3-3-2020 by Ord. No. 20-03]
F.
Yard requirements where buildings not present. Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this chapter, except that yards shall not be required on lots used for garden purposes without buildings or structures or on lots used for public recreation areas.
G.
Prohibited uses of residential property. No land which is located in a residence district shall be used for driveway or access purposes to any land which is located in a commercial or industrial district or used for any purpose not permitted in a residence district.
[Amended 7-1-2003 by Ord. No. 03-04]
§ 305-10 Site regulations.
A.
Lots abutting more restrictive districts. 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 yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so that such street yard setbacks shall be no less than the average of the street yards required in both districts.
B.
Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Village Board, upon the recommendations of the Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, woodland preservation, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. The Plan Commission, in applying the provisions of this subsection, 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 Plan Commission may affirm, modify, or withdraw its determination of unsuitability when making its recommendations to the Village Board.
[Amended 2-6-2007 by Ord. No. 07-01]
C.
Preservation of topography. In order to protect the property owner from possible damage due to change 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 result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion. Retaining walls may be permitted on a site-specific basis as allowed by the Village Engineer.
D.
Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.
E.
Access to improved public street.
(1)
No building permit for a principal building shall be issued unless the zoning lot on which the principal building is to be erected fronts on an improved public street having a width of at least 60 feet, nor shall a building permit be issued for any building on a corner lot where an accessory garage is served from the side street unless said side street is improved.
(2)
No zoning lot shall contain any building used as a residence unless such lot abuts for at least 30 feet on an improved public street.
§ 305-11 Bulk regulations.
A.
Continued conformity with bulk regulations. The maintenance of yards, courts, usable open spaces and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, usable open spaces, other open spaces or minimum lot area allocated to any building shall, by virtue of change of ownership, or for any other reason, be used to satisfy yard, court, usable open space, other open space or minimum lot area requirements for any other building.
B.
Division of improved zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots, and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform to all the applicable bulk regulations of the district in which the property is located.
C.
Location of required open space. All yards, courts, usable open spaces and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
D.
Required yards for existing building. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced if already less than, the minimum required by this chapter for equivalent new construction.
E.
Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified:
(1)
In all yards:
(a)
Arbors and trellises.
(b)
Awnings.
(c)
Chimneys projecting 18 inches or fewer into the yard.
(d)
Fences, walls and hedges subject to the provisions of Article IX hereinafter.
(e)
Flagpoles and garden ornaments.
(f)
Open terraces not over three feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch.
(g)
Steps not over three feet above the ground level which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.
(2)
In front yards:
(a)
One-story bay windows projecting three feet or less into the yard, provided that such windows do not occupy, in the aggregate, more than 1/3 of the front wall of the building and come entirely within planes drawn from either main corner of the front wall, making an interior angle of 21 1/2º in the horizontal plane with the front wall.
(b)
Overhanging eaves and gutters projecting three feet or fewer into the yard.
(3)
In rear yards:
(a)
Air-conditioning equipment.
(b)
Balconies open to the sky, projecting six feet or less into the yard.
(c)
Detached private garages and open off-street parking spaces.
(d)
Fire escapes projecting six feet or less into the yard.
(e)
One-story bay windows projecting three feet or fewer into the yard, provided that such windows do not occupy, in the aggregate, more than 1/2 of the rear wall of the building and come entirely within planes drawn from either main corner of the rear wall, making an interior angle of 22 1/2º in the horizontal plane with the rear wall.
(f)
Overhanging eaves and gutters projecting three feet or less into the yard.
(4)
In side yards:
(a)
Fire escapes projecting not more than 1/3 of the width of the side yard or not more than three feet in any case.
(b)
Open off-street parking spaces.
(c)
Overhanging eaves and gutters projecting 18 inches or fewer into the yard.
§ 305-12 Reduction or joint use.
No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.