The purpose of this chapter is to promote the health, safety, prosperity, aesthetics and general welfare of the village.

(Ord. of 4-19-2011, § 1.2)

It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters, regulate and restrict lot coverage, population distribution and density, and the size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding panic and other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the community and implement the community's development plan or plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(Ord. of 4-19-2011, § 1.3)

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Ord. of 4-19-2011, § 1.4)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other power granted by state statutes. All reference to state statutes or administrative codes is intended to include any subsequent revisions or amendments.

(Ord. of 4-19-2011, § 1.5)

This chapter shall be known as, referred to or cited as the "Zoning Code, Village of Oakdale, Wisconsin," and may also be referred to as the "zoning code."

(Ord. of 4-19-2011, § 1.8)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, land or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.

Alley means a special public right-of-way affording only secondary access to abutting properties.

Arterial street means a street that directly connects the village with surrounding communities.

Basement means that portion of any structure located partly below the average adjoining lot grade.

Bed and breakfast or bed and breakfast inn means a commercial establishment in a preexisting building offering overnight lodging and breakfast to registered overnight guests. The building and use are subject to all state building and health codes governing such purposes.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for four or more persons, not members of a family, but not exceeding 12 persons and not open to transient customers.

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.

Building area means the total living area bounded by the exterior walls of a building at the floor levels but not including basement, utility rooms, garages, porches, breezeways and unfinished attics.

Building height means the vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges of gable, gambrel, hip and pitch roofs or to the deck line of mansard roofs.

Centerline means a line equidistant from the edges of the median separating the main traveled ways of an existing or planned divided road or highway or the centerline of the main traveled way of a non-divided road or highway.

Collector road means a road that collects traffic from local streets and channels traffic out to the arterial roads.

Conditional use means a use allowed under a conditional use permit, special exception, or other special zoning permission issued by the village, but does not include a variance.

Corner lot means a lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135 degrees or less measured on the lot side.

Dwelling means a detached building designed or used exclusively as a residence or sleeping place for human habitation but does not include boardinghouses or lodginghouses, motels, hotels, tents, cabins or mobile homes.

Dwelling unit means one or more rooms designed as a unit for occupancy by not more than one family for living and sleeping purposes.

Essential services means services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, communication systems and accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Family means any number of persons related by blood, adoption or marriage or not to exceed four persons not so related, living together in one dwelling as a single housekeeping entity.

Floodplain means land adjacent to a body of water which has been or may be hereafter covered by floodway including, but not limited to, the regional flood.

Floodway means the channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the floodwater or flood flows of any river or stream, including, but not limited to, flood flows associated with the regional flood.

Front yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.

Frontage means the smallest dimensions of a lot abutting a public street measured along the street line,

Group home (developmental care) means a residential facility licensed by the state to provide a family residential living environment for persons who have developmental disabilities and/or are being treated for chemical addiction or other problems. A counselor or house parent shall be resident in the structure during those times residents are living in the structure.

Elderly day care home means locations which provide day care and food service for adults who are unable to be left alone while other family members are at work or otherwise not at home during the day. Overnight lodging is not to be provided at a day care center.

Family day care home means a dwelling also licensed as a day care center by the state department of health and social services where, for compensation or consideration, a resident of the dwelling provides group care for at least four but not more than eight children between the ages of infancy and seven years of age at a location other than the child's own home or the home of relatives or guardians.

Home occupation means any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises.

Interchange means a grade-separated intersection on a state trunk highway with one or more turning roadways for travel between intersection legs.

Intersecting highway means a highway of any political jurisdiction which forms one or more legs of an interchange and to which access is not fully controlled.

Junk yard means an area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking, structural steel materials and equipment yards but not including the purchase or storage of used furniture and household equipment or used cars in operable conditions.

Living rooms means all rooms within a dwelling except closets, foyers, storage areas, utility rooms and bathrooms.

Loading area means complete off-street space or berth on the same lot for the loading or unloading of freight carriers having adequate ingress and egress to a public street or alley.

Local street means roads which are intended to move vehicles from individual parcels to the higher order road systems and should not carry through traffic. Local roads carry low-traffic volumes.

Lot means a parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter.

Lot lines and area means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot width means the width of a parcel of land measured at the rear of the specified street yard.

Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site bearing a label certifying that is built in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Mobile home means a dwelling unit fabricated in an off-site manufacturing facility, designed to be a permanent residence, built prior to enactment of the National Manufactured Home Construction and Safety Standards Act. Any structure originally designed to be capable of transportation by motor vehicle upon public highway which does not require substantial on-site fabrication which is intended for occupancy as a year-round residence.

Mobile home park means any plot of ground upon which mobile homes are to be located in accordance to the regulations of this chapter.

Motel means a series of attached, semi-attached or detached sleeping units with or without cooking facilities for the accommodation of transient guests.

Nonconforming uses or structures means a use of land, a dwelling, or a building that existed lawfully before the ordinance from which this chapter is derived was enacted or amended, but that does not conform with the use restrictions in the current chapter.

Parking lot means a structure or premises containing ten or more parking spaces open to the public.

Parking space or stall means a graded and surfaced area of not less than 180 square feet in an area either enclosed or open for the parking of a motor vehicle having adequate ingress and egress to a public street or alley.

Parties in interest includes all abutting property owners, all property owners within 100 feet and all property owners of opposite frontages.

Professional home offices means residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other similar professions conducted within buildings by resident occupants which are customarily incidental to the principal use of the premises.

Rear yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the front yard or one of the front yards on a corner lot.

Side yard means a yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal street.

Sign means any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Street means a street or highway not otherwise defined lying within a recorded subdivision with a right-of-way not less than 50 feet wide providing primary access to abutting properties.

Structure means any erection or construction such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.

Structural alterations means any change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders.

Trailers means a portable vehicle designed and used for temporary sleeping purposes while its occupants are engaged in the pastime of camping.

Utilities means public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.

Variance means an exception to the requirements of this chapter where strict application of this chapter would result in a practical difficulty or undue hardship. Such an exception may be granted by the village board following review and recommendation by the zoning board of appeals and public hearing.

Village board means the village board and any committee, commission, or person designated by the village board to administer and enforce this chapter.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.

(Ord. of 4-19-2011, § 10.1)

The jurisdiction of this chapter shall include all lands and waters which are located within the limits of the village.

(Ord. of 4-19-2011, § 2.1)

(a)

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 or structurally altered without a building permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

(b)

The duty of the planning commission, with the aid of the village clerk/treasurer, shall be to administer this chapter, investigate all complaints, give notice of violations, and to enforce the provisions of this chapter. The village clerk/treasurer and his/her duly appointed deputies or designees may enter at any reasonable time onto any public or private land or waters to make a building or zoning inspection.

(Ord. of 4-19-2011, § 2.2)

(a)

Applications for a building permit shall be made in duplicate to the village clerk/treasurer on forms furnished by the village clerk/treasurer and shall include the following where applicable:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor.

(2)

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees and the zoning district within which the subject site lies.

(3)

Plat, plan or survey showing the location, boundaries, dimensions, slope of terrain, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, slope or terrain and use of any abutting lands and their structures within 40 feet of the subject site.

(4)

Proposed sewage disposal plan, if municipal sewerage service is not available. This plan shall be approved by an appropriate competent authority who shall certify in writing that satisfactory, adequate and safe sewage disposal is possible on the site as proposed by the plan in accordance with applicable local, county and state health regulations.

(5)

Proposed water supply plan, if municipal water service is not available. This plan shall be approved by an appropriate competent authority who shall certify in writing that an adequate and safe supply of water will be provided in accordance with applicable local, county and state health regulations.

(6)

Additional information as may be required by the village. A building permit shall be granted or denied in writing by the village clerk/treasurer within 30 days after application is made. The permit shall expire within 24 months after issuance of the permit unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void. An extension may be granted upon board approval upon receipt of payment for any applicable fees.

(b)

Building permits are necessary for decks, fences, and sheds.

(Ord. of 4-19-2011, § 2.3)

(a)

No land shall be used or structure erected where the land is held unsuitable for such use or structure by the village board by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the village. The village board, in applying the provisions of sections 36.7 through 36.9, this section and sections 36.11 through 36.15, 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 such applicant so desires. Thereafter, the village board may affirm, modify or withdraw its determination of unsuitability.

(b)

All lots shall abut upon a public street and each fan-shaped lot shall have a minimum street frontage of 60 feet.

(c)

No building permit shall be issued for a lot which abuts a public street that has not been dedicated to its required width.

(d)

Private, sewer and water. In any district where a public water supply or public sewerage service is not available, the lot area shall be determined in accordance with Wis. Admin. Code Ch. SPS 383.

(Ord. of 4-19-2011, § 2.4)

The following use restrictions and regulations shall apply:

(1)

Principal uses. Only those principal uses specified for a district, their essential services and the uses enumerated in subsections (2) through (5) of this section shall be permitted in that district.

(2)

Accessory uses. Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction.

(3)

Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, and approval by the village board.

(4)

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the zoning board of appeals after the local planning commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.

(5)

Temporary uses. Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the zoning board of appeals.

(6)

Performance standards. Performance standards listed in article VIII of this chapter shall be complied with by all uses in all districts.

(Ord. of 4-19-2011, § 2.5)

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 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.

(Ord. of 4-19-2011, § 2.6)

(a)

It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this chapter. In case of any violation, the village president, the village clerk/treasurer or designee, the planning commission, or any person who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.

(b)

Violators of this chapter shall be issued a warning setting forth the alleged violation, the corrective action to be taken and the date by which the corrective action must be completed. If corrective action is not taken within the time period specified, the village may institute action to impose the penalties set forth in this chapter. The village may also institute action to obtain an injunction or other remedy where appropriate.

(Ord. of 4-19-2011, § 2.7)

Any person, firm, or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $10.00 nor more than $500.00 per violation plus costs of correcting each violation plus the costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be held in contempt of court. Each day a violation exists or continues shall constitute a separate offense.

(Ord. of 4-19-2011, § 2.8)

This chapter shall be administered as follows:

(1)

Planning commission. The planning commission, with the assistance of the village clerk/treasurer shall be responsible for administering this chapter, investigating complaints of violations of this chapter, and giving notice of violations and enforcing the provisions of this chapter. Members of the commission, the village clerk/treasurer, and his or her deputies may enter at an agreed upon time on to any public or private land or waters to make a building inspection, zoning inspection or investigation.

(Ord. of 4-19-2011, § 2.9)

(a)

Application for any building or building permit shall be accompanied by a map showing the location, size and shape of the lot involved and of any proposed structures, and the existing and proposed use of each structure and lot, and, in the case of residential development, the number of families expected to be accommodated.

(b)

In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system in accordance with Wis. Admin. Code Ch. SPS 383.

(c)

Under rules established by the village, the village clerk/treasurer may issue temporary permits of up to one year's duration.

(Ord. of 4-19-2011, § 12.0)

The village may amend this chapter following the procedures prescribed by Wis. Stats. § 62.23.

(Ord. of 4-19-2011, § 13.0)

All territory annexed by the village shall be assigned a zoning district within 90 days of its annexation. During the period between annexation and the assignment of a permanent district, the territory will be zoned as an interim district based on its predominant use at the time of annexation.

(Ord. of 4-19-2011, § 14.0)