Osceola City Zoning Code
ARTICLE I
General Provisions
§ 219-1 Authority, purpose and interpretation.
A.
This chapter is created in accordance with the authority granted by W.S.A. ss. 61.35 and 62.23.
B.
The purpose of this chapter is to adopt minimum requirements to promote the health, safety, morals, prosperity, aesthetics and general welfare of the Village; to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; and for these purposes to divide the Village into districts of such number, shape and area as are deemed best suited to carry out these purposes.
C.
It is not the intent of this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall apply.
D.
The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
§ 219-2 Repealer; title.
A.
All other codes or parts of codes of the Village inconsistent or conflicting with this chapter, to the extent of their inconsistency only, are hereby repealed. This chapter, however, shall not be construed to repeal any portion of Chapter 69, Airport, Chapter 216, Floodplain and Shoreland-Wetland Zoning, or Chapter 217, St. Croix River District, of the Code of the Village of Osceola.
B.
This chapter shall be known as, referred to or cited as the "Zoning Code, Village of Osceola, Wisconsin."
§ 219-3 Word usage and definitions.
A.
Words used in the present tense include the future, the singular number includes the plural number, and the plural number includes the singular. The word "building" includes the word "structure." The word "shall" is mandatory and not directory.
B.
For the purpose of this code, certain words are defined as follows:
ACCESSORY BUILDING
A building or portion of a building subordinate to the main building but not part of the main building and used for a purpose customarily incidental to the permitted use of the main building.
ALLEY
A street or thoroughfare affording only secondary access to abutting property.
BUILDING
Any structure used, designed or intended for the protection, shelter, enclosure or support of persons or property.
BUILDING, HEIGHT OF
The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deckline of a mansard roof or to the average height of the gable of a gambrel, hip or pitch roof.
CONDITIONAL USE
A use of land, water or a building which is allowable only after the issuance of a special permit by the Village Board under conditions specified in this code.
DWELLING, MULTIFAMILY
A building or portion thereof designed for and occupied by two or more families.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively by one family.
FAMILY
A group of persons related by blood or marriage and living together as a single housekeeping entity.
GARAGE, PRIVATE
An accessory building or space for the storage of motor-driven vehicles.
GARAGE, PUBLIC
Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
GARAGE, STORAGE
Any building or premises used for storage only of motor-driven vehicles and where no vehicle equipment, parts, fuel or oil is sold or where no vehicles are serviced, repaired, hired or sold.
HOME OCCUPATION
A gainful occupation conducted by members of the family only, within their place of residence, provided that no article is sold or offered for sale on the premises, except such as is produced by such occupation; that no stock-in-trade is kept or sold; that no mechanical equipment is used, other than such as is permissible for purely domestic purposes; and that no person other than a member of the immediate family living on the premises is employed.
HOTEL or MOTEL
A building in which lodging, with or without meals, is offered to transient guests for compensation.
LOT
A parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory building, together with the open spaces required by this code, and on a public street.
LOT, CORNER
A lot abutting on two or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot lines.
LOT LINE
The lines bounding lots as defined herein.
NONCONFORMING USE
A building or premises lawfully used or occupied at the time of the passage of this code or amendments thereto, which use or occupancy does not conform to the regulations of this code or any amendments thereto.
OPEN SPACE
The portion of the lot excluding primary and accessory structures, parking lots and driveways.
[Added 6-8-2004 by Ord. No. 04-13]
RECREATION SPACE
The portion of open space that can be utilized as a play area.
[Added 6-8-2004 by Ord. No. 04-13]
SETBACK
The minimum horizontal distance between the street lines and the nearest point of a building or any projection thereto.
STORY
That portion of a building included between the surface of a floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STREET
All property dedicated or intended for public or private street purposes or subject to public easements.
STREET LINE
A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.
STRUCTURE
Anything constructed or erected the use of which requires permanent location on the ground.
TEMPORARY BUILDING
Any building or structure that is incidental to the primary use of the premises during periods of construction of the main building or use or for special events where the intent is to remove the structure within 30 days of the completion of construction work.
[Added 7-10-2007 by Ord. No. 07-19]
TOTAL FLOOR AREA
The total square footage of all living units.
[Added 6-8-2004 by Ord. No. 04-13]
VISION CLEARANCE
An unoccupied, triangular space at the corner of a corner lot which is bounded by the street lines and setback lines connecting points determined by measurement from the corner of each street line.
YARD
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, FRONT
A yard extending the full width of the lot between the front lot line and the nearest part of the main building.
YARD, REAR
A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building.
YARD, SIDE
A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.
§ 219-4 Jurisdiction; compliance required.
A.
Jurisdiction of this chapter shall include all lands within the corporate limits of the Village.
B.
No structure or land shall hereafter be used, no land use shall be substantially changed and no structure shall be erected, moved or structurally altered without full compliance with the terms of this chapter and other applicable regulations and until a building permit has been issued.
§ 219-5 Enforcement; building permit applications.
A.
It shall be the duty of the Building Inspector, with the aid of the Police Department, to investigate all complaints, conduct inspections of property to determine compliance with this chapter, to give notice of violations, and to enforce the provisions of this chapter. The Police Department shall report to the Building Inspector any activities being carried out without the required permit.
[Amended 7-27-2010 by Ord. No. 10-09]
B.
All applications for a building permit shall be made to the Building Inspector and shall be accompanied by plans in duplicate, drawn to scale, showing:
(1)
The name and address of the property owner.
(2)
The location, actual shape and dimensions of the lot to be built upon.
(3)
The high-water mark of any abutting watercourse.
(4)
The center line of abutting streets and highways.
(5)
The exact size and location on the lot of the proposed or existing building and accessory building.
(6)
The lines within which the building shall be erected, altered or moved.
(7)
The existing and intended use of each building or part of a building.
(8)
The number of families the building is intended to accommodate.
(9)
Such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this chapter.
C.
Fees for such permits shall be established by the Village Board.
§ 219-6 Development contract.
[Added 10-10-1995 by Ord. No. 12-95]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated. For other terms, definitions are as defined in other sections of this code or of the state statutes.
DEVELOPMENT CONTRACT
An agreement between the Village of Osceola and the developer/contractor specifying the responsibilities of each party toward the completion of the project covered by the contract.
B.
Usage.
(1)
A development contract may be used whenever both parties desire.
(2)
A development contract shall be required by the Village any time any of the following conditions are met:
(a)
Rezoning or other land use changes are requested or required.
(b)
Whenever a conditional use permit is required.
(c)
Whenever a variance is required.
(d)
In any other development where Village codes are most strictly adhered to.
C.
Contract inclusions.
(1)
The contract may be limited to a single item, such as specific use, i.e., a twelve-room motel.
(2)
The contract may include many items, including but not limited to intended use, amenities, setbacks and financial contributions of each party.
D.
The contract shall not waive any provision of the Village Code by omission from the contract. The only Code provisions that the contract can modify or exempt are those specifically addressed in the development contract.
§ 219-7 Sewage disposal facilities.
Sewage disposal facilities shall be connected to the sewage disposal system of the Village. In any district where public sewage 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 designed in accordance with Chapter H 65, Wisconsin Administrative Code. In no case, however, shall the minimum lot size required in the zoning district in which such structure is to be located be reduced below the specified minimum.
§ 219-8 Certificate of occupancy.
No vacant land shall be occupied or used and no building hereafter erected, altered or moved shall be occupied until a certificate of occupancy has been issued by the Building Inspector.
A.
This certificate shall show that the building or premises or part thereof and the use thereof are in conformity with the provisions of this chapter.
B.
This certificate shall be issued only when the building or premises and the use thereof conform to all the requirements of this chapter.
§ 219-9 General area, yard and bulk requirements.
A.
Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved and 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.
B.
No lot shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met.
C.
No part of the yard or open space required for a given building shall be included as a part of the yard or open space required for another building, and no residential lot shall have more than one principal building.
D.
Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings and the ordinary projections of sills, cornices and ornamental features. In commercial areas, a permanent awning and its accessory columns or struts may project not more than five feet into a required front or side yard.
E.
An open or enclosed fire escape may project into a required yard not more than five feet and into a required court not more than 3 1/2 feet, provided that it shall be located so as not to obstruct light or ventilation.
F.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts, aerials or wind generators and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter and may be erected in accordance with other regulations or ordinances of the Village.
G.
In each quadrant of every street intersection there shall be designed a vision clearance triangle bounded by the inner street lines and a line connecting them 35 feet from their intersection. Within this triangle, no object shall be allowed above the height of 2 1/2 feet above the streets if it obstructs the view across the triangle. This provision shall not apply to tree trunks, posts or wire fences.
H.
In any commercial or industrial district, sufficient space for the loading or unloading of vehicles shall be provided on the lot in connection with any commercial or industrial use so that the public street shall be free at all times and unobstructed to the passage of vehicular and pedestrian traffic.
I.
No side yard or front yard in any commercial or industrial district shall be used for storage or the conduct of business.
J.
Temporary buildings. All temporary structures shall be subject to the following:
[Added 7-10-2007 by Ord. No. 07-19]
(1)
No structure or facility may be erected until a permit has been received from the Building Inspector who has evaluated the location and design of the facility and finds that the facility meets the requirements of all Village ordinances.
(2)
No electric, sewer or water utilities shall be permitted with any temporary structure or facility with the exception of trailers at commercial construction sites.
(3)
All structures or facilities not meeting the definition of a temporary structure shall be considered either a permanent principal or accessory structure and shall be subject to the Village building permit requirements.
K.
Accessory structures.
[Added 7-10-2007 by Ord. No. 07-19]
(1)
Each parcel shall be permitted one accessory structure.
(2)
Accessory structures shall only be located in the rear and side yard and must meet all setbacks for each zoning district.
(3)
The floor area of the structure or facility may not be greater than 400 square feet. In no instance shall the floor area of the structure exceed 10% of the open space of the parcel of land.
(4)
The structure or facility shall not exceed a height of 15 feet, measured vertically from the natural grade of the ground at the base of the structure or facility.
(5)
It shall be unlawful to place, erect, or maintain within the Village any shipping container, wagon, motor vehicle, semi-trailer, truck, railroad car or similar conveyance as a substitute for a principal or accessory building utilized for storage.
(6)
Carports which are open and/or of metal frame, canvas, or exposed column construction are prohibited.
(7)
Footing requirements.
(a)
All accessory structures over 100 square feet shall be placed on and attached to footings and piers.
(b)
Footings for an accessory structure may be done in a monolithic pour.
(c)
Footings must be eight inches thick by 24 inches deep, with a four-inch cement slab placed over the top of the footings.
(d)
Accessory structures under 100 square feet may be anchored by placing an eight-inch cement post 24 inches deep at each corner.
§ 219-10 Violations and penalties.
[Amended 1-12-1999 by Ord. No. 99-01]
Except as otherwise provided, any person who violates the provisions of this chapter shall forfeit not less than $10 nor more than $200, plus the costs of prosecution, or, upon failure to pay such forfeiture, shall be imprisoned in the county jail for a term of not more than 30 days. Each day such a violation exists shall be considered a separate offense.
