This chapter, established under Wis. Stats. ch. 62 and § 87.30, shall be known as the Zoning Ordinance for the City of Seymour, Wisconsin, and shall apply to:

(1)

The regulation and restriction of the height, number of stories and size of buildings and other structures.

(2)

The percentage of lot that may be occupied.

(3)

The size of yards, courts and other open spaces.

(4)

The density of population.

(5)

The regulating of nonconforming use.

(6)

The location and use of buildings, structures and land for trade, industry, residence or other purposes provided that there shall be no discrimination against temporary structures.

(7)

The regulation of development in the officially designated floodplain area.

The purpose of this chapter is to promote the public health, safety and general welfare of the community through provisions designed to:

(1)

Encourage the most appropriate use of the land.

(2)

Conserve the value of land and buildings.

(3)

Prevent the overcrowding of land and the congestion of streets.

(4)

Provide adequate light and air.

(5)

Secure safety from fire, panic and other dangers.

(6)

Avoid undue concentration of population.

(7)

Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

(8)

Give effect to the policies and proposals of the Seymour Comprehensive Plan.

For the purpose of this chapter, the city is hereby divided into the following districts:

R-1 single-family residential district.

R-2 duplex residential district.

R-3 multi-family residential district.

AG agricultural district.

CB central business district.

CH commercial highway district.

GC-I general commercial-industrial district.

PL public land district.

FW floodway district.

FF floodfringe district.

GFP general floodplain district.

FG fairgrounds district.

(Ord. No. 2004-103, 3-8-2004; Ord. No. 2010-105, 7-12-2010)

The location and boundaries of the districts established shall be as shown on the map entitled the Official Zoning Map of Seymour, Wisconsin. The official zoning map with all notations, dimensions, designations, references and other data shown shall accompany and be part of this chapter, and upon adoption shall be signed by the mayor and attested to by the city clerk. Amendments to the official zoning map shall be approved by the city council of Seymour, Wisconsin, and shall promptly be portrayed on the official zoning map. Said map shall be available for public inspection in the office of the city clerk. Zoning amendments shall be effective upon adoption and passage by the common council of the City of Seymour.

(a)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lots lines.

(3)

Boundaries indicated as following a railroad right-of-way shall be construed to follow the center line of the railroad right-of-way. Distances shown as measured from a railroad track shall be measured from the center line of the designated track.

(4)

Legal descriptions of property, when available, shall be controlling as to the zoning of any property or the property proposed to be rezoned in accordance with the terms of the ordinance.

(b)

Where disputes arise concerning the location of the floodplain district boundaries, the following rules shall apply:

(1)

The flood elevations or "flood profiles" as identified on the flood hazard boundary map shall be the governing factor in locating the district boundary.

(2)

The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board of appeals and, if he chooses, submit his own technical evidence. The board of appeals shall not allow deviations from the boundary line as mapped unless the evidence clearly and conclusively establishes that the mapped location of the line is incorrect, approval has been granted by the Department of Natural Resources, and an official letter of the map amendment has been issued by the Federal Insurance Administration of the Department of Housing and Urban Development.

The regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

(1)

No land, building or structure shall hereafter be used or occupied, and no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

(2)

No sign shall hereafter be erected, hung, placed, painted, altered, or moved except in conformity with regulations of the district in which it is located.

(3)

No part of a yard, open space, or off-street loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, off-street parking, or loading space similarly required for any other building.

(4)

No lot or yard existing at the effective date of adoption of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Lot or yards created after the effective date of adoption of this chapter shall meet the minimum requirements established by this chapter.

(5)

No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced. No accessory building shall be used unless the principal building on the lot is also being used. No cellar or basement shall be used as a dwelling prior to substantial completion of the dwelling of which it is part.

(a)

General. For the purpose of this chapter, the following definitions shall apply.

(1)

The word "person" includes a firm, association, organization, partnership, trust company or corporation as well as an individual.

(2)

The present tense includes the future tense and the singular includes the plural.

(3)

The word "shall" is mandatory, the word "may" is permissive.

(4)

The words "used" or "occupied" also mean intended, designed or arranged to be used or occupied.

(b)

Definitions. For the purpose of this chapter, the following terms are defined:

Accessory use of structure. A use or structure on the same lot with the principal use or structure, and of a nature customarily incidental and subordinate to the principal structure.

Agent. The person designated by the owner as the person in charge of such establishment and whose identity shall be filed in writing and the city clerk upon issuance of the permit and updated five days prior to a designated agent taking charge.

Alteration. A change or rearrangement in the structural parts of a structure, an enlargement of a structure, whether by extending on the side or by increasing the height, or the movement of a structure from one location to another.

A zones. Areas shown on the "official floodplain zoning map" which would be inundated by the "base flood" or "regional flood" as defined herein. These areas may be numbered AO, Al to A30 or A99. A zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

Bed and breakfast establishment. Any place of lodging that provides six or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner or agent at the time of rental and in which the only meal served to guests is breakfast

Boarding houses. Any place of lodging that provides between three to ten rooms for rent for more than ten nights in a 12-month period and is occupied by the owner or agent at the time of rental.

Buildable area. The portion of the lot remaining after required yards have been provided.

Building. A structure having one or more stories and a foundation which is used or intended to be used for shelter or enclosure of persons or property.

Clinic. An office or group of offices for one or more physicians, chiropractors, optometrists, or dentists engaged in the treatment of persons.

Common open space. A parcel or parcels of land or an area of water or combination of land and water designated and intended for either the recreational use and enjoyment of residents of the development for which it was established and for the general public, or for the exclusive recreational use and enjoyment of residents of the development from which it was established. No yard required in connection with any principal use or structure shall be designated or intended for use as common open space.

Convalescent home, children's home, nursing home. A place where regular care is provided to two or more infirmed persons, children or aged persons, who are not members of the family which resides on the premises.

Day nursery, kindergarten. A place where day care is provided to five or more children who are not members of the family which resides on the premises, provided this definition shall not include public or private schools organized, operated or approved under Wisconsin law.

Development. Any man-made change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, other structure or accessory uses, manufactured dwellings, mining, dredging, filling, grading, paving, excavation or drilling operations, and deposition of materials.

Dog kennel. A place where more than two dogs are boarded for a fee on a recurrent basis, or a place where more than five adult dogs are kept for any purpose.

Drive-in restaurant. Any establishment dispensing or serving food in automobiles including those establishments where customers serve themselves and may eat or drink in the building or in their automobiles on the premises.

Dwelling unit. A room or rooms connected together, constituting separate, independent housekeeping establishment for one family only, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units, and containing independent cooking and sleeping facilities.

Dwelling, single-family detached. A building containing not more than one dwelling unit, entirely separated from structures on adjacent lots.

Dwelling, manufactured home. A structure manufactured after June 15, 1976, which the manufacturer files a certification required by the Department of Housing and Urban Development and complies with the standards established under 42 USC 5401 to 5425.

Dwelling, two-family. One building containing not more than two dwelling units or two buildings, attached at the side, with not more than one dwelling unit per building. The term "two-family dwelling" is intended to imply single-family semi-detached buildings and duplexes or any form, which conforms to this definition.

Dwelling, multiple family. A building containing three or more dwelling units. The term "multifamily dwelling" shall include cooperative apartments, condominium, apartments and the like. Regardless of how rental units are equipped, any multifamily dwelling in which units are available for rental periods of less than one week shall be considered a motel.

Dwelling, mobile home. A vehicle manufactured or assembled before June 151976, (effective date of Federal Manufactured Construction and Safety Standards Act of 1975, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. "Mobile home" includes the mobile home structure, its plumbing, heating, air conditioning. electrical systems, and all appliances and all other equipment carrying a manufacturers warranty.

Dwelling, double wide or triple wide manufactured dwelling. A manufactured dwelling consisting respectively of two or three sections combined horizontally at the site while still retaining its individual chassis for possible future movement

Dwelling, manufactured home. A building made up of two or more modular sections transported to the home site, put on a permanent foundation and joined to make a single dwelling, meeting the requirements of UDC.

Encroachment. Any fill, structure, building, accessory use, or development in the floodway.

Equal degree of hydraulic encroachment. Any encroachment into the floodway must be computed by assuming an equal degree of hydraulic encroachment on the other side of a river or stream for a significant hydraulic reach. This computation assures that property owners up, down or across the river or stream will have the same rights of hydraulic encroachment. Encroachments are analyzed on the basis of the effect upon hydraulic conveyance, not upon the distance the encroachment extends into the floodway.

Family. One or more persons occupying a single dwelling unit provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as family.

Floor area. The sum of the gross horizontal areas of a floor encompassed by the exterior walls of the building.

Gas station. Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail and where, in addition, minor repair work may be performed, such as ignition service, tire repair, repair and replacement of minor parts, such as pumps and filters, brake service and the like. A filling station is not a repair or body shop.

Height, building. A building's vertical measurement, from the mean level of the finished grade in front of the building to the highest point on the roof line of a flat roof or of a roof having a slope of less than 15 degrees from the horizontal, and to a point midway between the peak and the eaves of a roof having a slope of 15 degrees or more.

Hotel. An establishment where lodging is provided for compensation other than in dwelling units and for 11 or more persons. Hotels may serve meals to both occupants and others. The term hotel is also intended to imply motel, motor court, motor lodge, tourist court, or any form, which conforms to this definition.

Landscaping. The planting of grass, shrubs or trees to serve as a green area in yards, setback areas, other open space areas, etc.

Lot. A parcel of land used or set aside and available for use as the site for one or more buildings and buildings necessary thereto or for any other purpose, in one ownership and not divided by a street nor including any land within the limits of a public or private street right-of-way. The term "record lot" shall mean land designated as a distinct and separate parcel on a legally recorded deed or plat In the county clerk's office at the Outagamie County Courthouse.

Lot area. The total horizontal area within the lot lines of the lot.

Lot coverage. The percentage of the lot area covered by the principal structure.

Lot frontage. The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.

Lot use. The line on the official map that indicates lot boundaries, provided any street lines shall be considered lot lines for the purposes of this chapter.

Lot types.

(1)

Corner lot is a lot located at the intersection of two or more separate streets. A lot abutting a curved street shall be considered a corner lot when the projected tangents of the lot lines along those streets meet at an interior angle of less than 135 degrees.

(2)

Interior lot is a lot with only one frontage on a street.

(3)

Through lot is a lot other than a corner lot with frontage on two streets.

Lot width. The width of a lot measured at the front yard line.

Net acre. The total acreage of a lot, tract, or parcel excluding land in existing and proposed streets and street rights-of-way.

Planned shopping centers. A commercial development of more than three establishments on one tract or parcel under one ownership or unified control, planned and developed as a unit.

Reach hydraulic. That portion of the river or stream extending from one significant change in the hydraulic character of the river or stream to the next significant change. These changes are usually associated with breaks in the slope of the water surface profile as may be caused by bridges, dams, expansion and contraction of the water flow, and changes in the stream bed slope or vegetation.

Regional flood. A flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur in a particular stream because of similar characteristics once every 100 years.

Sign. Any structure, part thereof, or device attached thereto or painted or represented thereon which displays or includes any numeral, letter, word, model, banner, emblem, device, trademark or other representation used as, or in the nature for, an announcement, advertisement, direction or designation of any person or thing in such a manner as to attract attention from the outside of the building. The following signs shall not be included in the application of sign regulations herein:

(1)

Signs not exceeding one square foot in area and bearing only property numbers, postbox numbers, names of occupants of the premises, or other identification not having commercial connotations.

(2)

Flags and insignia of any government except when displayed in connection with a commercial promotion.

(3)

Legal notices, identification. Informational or directional signs erected or required by governmental agencies.

(4)

Integral or architectural features of buildings except letters, trademarks, moving parts or moving lights.

(5)

Signs directing or guiding traffic and parking on private property, but bearing no advertisement matter and not exceeding nine square feet in area.

(6)

Temporary paper signs advertising a cultural or civic matter within 30 days of such an event.

Sign, on-site. A sign relating in its subject matter to the premises on which it is located.

Sign area. Sign area shall be computed as including the entire area within a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural elements not bearing advertising matter shall not be included in computing area.

Sign, number of. For the purposes of determining number of signs, a sign shall be considered to be a single display surface or device containing elements organized, related, and composed to form a unit Where subject matter is displayed randomly without any organization of the elements, each element shall be considered to be one sign.

Sign, types.

(1)

Detached sign is a sign not attached to or painted on a building but which is affixed to the ground, fence, or wall not part of a building.

(2)

Flat sign is a sign attached to or parallel to the face of a building or erected or painted on the outside wall of a building and where support of such sign is provided by the wall. No part of such sign shall extend more than 18 inches from the building.

(3)

Marquee sign is a sign attached to or hung from a marquee projecting from and supported by a building.

(4)

Projecting sign is a sign attached to and projecting 18 inches or more from the face of the wall of a building.

Special exception. Those uses as set forth in each district that would not be appropriate in a zoning district which, if controlled as to number, area, location or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, property, or general welfare. Such uses may be permitted in a zoning district if they meet the requirements of article V of this chapter.

Story. That portion of a building, other than a basement, that is between the surface of any floor and the surface of the next floor above it or, if there is not a floor above, then the space between such floor and the ceiling next above it.

Street line. The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line. When there is a proposed street from the official map located on the lot, the lines of the proposed streets shall also be considered street lines.

Structure. Anything constructed or erected with a fixed location on the ground, or attached to something with a fixed location on the ground. Among other things structures include signs, fences, manufactured dwellings and parking lots.

Variance. A relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a lateral enforcement of the ordinance would result in unnecessary and undue hardship. Variances may be granted only if they meet the requirements of section 78-235.

Yard. An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward provided however, that fences, walls, poles, posts and other customary yard accessory ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, front. A yard extending across the front of a lot between the side lot lines and extending from the street line to the nearest building or projection of a building.

Yard, rear. A yard extending across the rear of a lot between the side lot lines, and extending from the rear property line to the nearest line of the principal structure of projection of the principal structure.

Yard, side. A yard extending between the nearest building or projection thereto and the side lot line, and extending from the front yard to the rear yard.

(Ord. No. 97-104, 10-13-1997; Ord. No. 2010-105, 7-12-2010)

In their interpretation and application, the provisions of this chapter shall be considered minimum requirements. Where the provisions of this chapter impose greater restrictions than any statute, other regulation, ordinance or covenant, the provisions of this chapter shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this chapter, the provisions of such statute, other regulation, ordinance or covenant shall prevail.

It is hereby declared to be the legislative intent that should any provision of this chapter be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this chapter in its entirety or any part thereof, other than that so declared to be invalid.

(a)

Definitions. The following words and terms, for purposes of this section, shall have the meanings herein provided:

Arbor. A decorative solid or latticework structure or trellis which is used as an entrance focal point along a barrier which serves the purpose of a fence.

Berm. A mound of earth higher than the final elevation of a lot.

Department. The department of public works.

Dog enclosure. Any outdoor structure or enclosure used to restrict dogs to a contained yard area.

Fence(s). "Fence" means a vertical screen device used to provide privacy, visual or otherwise, or for containment. "Fence" includes but is not limited to trellises, railing and walls.

Fence, agricultural/farm. A fence consisting of chicken wire, deer fence, hog wire, high tensile, wire strands, used in the agricultural, farming and livestock business, specifically for livestock, animal and bird control.

Fence, patio. A privacy fence which fully or partially encloses a patio.

Fence, good neighbor. A fence constructed of solid or spaced boards, where the face boards are installed at the center of the posts so that the fence looks the same from both sides.

Hedges. Hedges shall be trimmed or confined to the property on which they are planted.

Install, installation, installed. To construct, erect, install, place, or replace over 16 lineal feet. A fence permit is not required for painting, maintenance, or repair or replacement of less than 16 lineal feet of a fence if the original fence permit was taken out on or after the effective date of this section.

Lot—double frontage. An interior lot having street frontage on the front and the rear of the lot.

Person. Any person, firm, corporation, association or other legal entity.

Property owner. A person that owns or controls real property situated in the city.

Trellis. A frame or structure of open latticework.

Vision clearance area. A triangular area on a lot at the intersection of two streets or a street and an alley, driveway, at the intersection of a driveway/alley and sidewalk, other point of vehicular access or railroad, two sides of which are lot lines measured from the corner intersection of the property lines to a minimum distance of fifteen feet from their intersection.

Zoning administrator. The zoning administrator and designees thereof.

(b)

Permit.

(1)

Permit required. No person shall install a fence in the city without first obtaining a fence permit and complying in all respects with the terms and conditions and this section. A fence permit shall be valid only for the term of issuance, unless sooner suspended or revoked. A fence permit is not required for painting, maintenance, or repair or replacement of less than 16 lineal feet of a fence if the original fence permit was taken out on or after the effective date of this section.

(2)

Permit application. A fence permit application shall be filed with the city clerk, consisting of the following:

a.

A fully completed fence permit application form and payment of full permit fee.

b.

A drawing, site plan or plat map displaying property boundaries, the location of the buildings and structures on the property, the proposed location of the fence and its distances from the existing structures on the property.

(3)

If the fence is proposed to be installed on rented or leased property, the written consent of the owner(s) of the property.

(4)

Other information as may be required by the city clerk's office to assist in the review of the application.

(c)

Permit fee. A fee set by council and on file in the city clerk's office shall be remitted upon submittal of the fence application. If any fence requiring a fence permit is installed, in full or part, prior to the issuance of a permit, five times fees amount shall be charged for the permit.

(d)

Application review and approval required, permit issuance. The zoning administrator shall review, approve and issue the fence permit application provided that the application is in compliance with this section and the standards of this section for the fence to be installed have been met. The fence permit may contain reasonable conditions stated in the permit.

(e)

Completion of installation. A fence authorized by a fence permit shall be fully installed in accordance with this section and permit conditions, within 120 days of the date of permit issuance. The zoning administrator may provide a one-time extension up to 30 days. A fence permit shall expire 120 days after the date of issuance. After a fence permit expires, no work requiring such a permit shall be commenced, resumed or undertaken until a new permit is issued or the original permit is extended. Applicant will be required to submit a new plat of survey once the original fence permit expires.

The permit applicant may file a written request for an extension of the fence permit stating the reason for the request, for up to 30 additional days to complete the fence installation. The zoning administrator, in administering this code, shall grant the request if good cause is shown.

(f)

Responsibility of department.

(1)

Review and issue fence permits where the application is in compliance with this section.

(2)

May issue reasonable site specific conditions.

(3)

May waive or reduce vision clearance requirements where:

a.

Traffic can safely approach and enter the intersection, alley, driveway or street given existing traffic control devices or other physical conditions of the area; or

b.

Topographic conditions are so extreme or building structures exist such that it is not practical to provide required vision clearance.

(4)

May inspect the fence for compliance with this section and approved fence permit.

(5)

Shall enforce this section with the assistance of the chief of police and is authorized to halt installation if good cause is shown.

(g)

Responsibility of applicant.

(1)

Within the boundaries of their property determined by a plat of survey, in compliance with this section and the fence permit, including, but not limited to, proper materials, height, setback and vision clearance.

(2)

In compliance with any subdivision covenants or restrictions, deed restrictions, utility easement restrictions, land use restrictions of record, including applicable plan review and approval, or waiver requirements.

(3)

In a manner as will not obstruct storm water drainage, violate a city approved storm water plan or unreasonably divert storm water on the property of another.

(h)

Fence installation.

(1)

No fence shall be installed, except in strict compliance with this section, site specific permit conditions, and the following requirements:

(2)

Structural and support components of a fence shall face away from adjacent properties.

(3)

Fences shall be installed with the finished side facing the adjacent property or public right-of-way, and the fence posts must be located on the inside of the fence facing the property on which the fence is located, except when the style of fence commonly described as a "Good Neighbor Fence" is installed.

(4)

Fences shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.

(5)

The height of the fence shall be controlled by the applicable provisions of the city zoning ordinance for the district in which the fence will be located. Fence height shall be measured from the surface of the ground immediately below the fence to the top of the highest portion of the fence panel. Berms, retaining walls or other methods to raise the elevation of the site shall require approval by the zoning administrator prior to installation.

(6)

The project site shall be marked by diggers hotline before digging holes for fence installation.

(7)

No fence in the vision clearance area shall exceed 2.5 feet in height above the mean street grade.

(8)

The height of walls and fences shall be measured vertically from the finished grade on the exterior side of the fence to the top of the highest portion of the fence panel. Raising the finished grade by placing fill solely for the purpose of adding additional height to a fence is prohibited. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height shall be measured vertically from the base of the berm, unless said fence is approved in conjunction with a conditional use permit site plan review, or an exception is granted by the zoning board of appeals.

(9)

All fences shall be no closer than 12 inches to the public sidewalk. In the event that no sidewalk currently exists, fences shall be no closer than one foot from the right-of-way.

(10)

Obstruction of ingress/egress area of a dwelling. No fence shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of three feet shall be maintained between any solid fence and any such window or opening in a dwelling.

(11)

Modifications. All modifications to an existing fence shall comply with this section.

(12)

Fences in front yards. Fences installed in a front yard shall comply with the following requirements:

a.

In residentially zoned areas on corner, interior, through and reverse frontage lots, fences, not exceeding 2.5 feet in height, shall be allowed within a residentially required front yard setback area. The front yard setback consists of any side lot line between the front property line and the front setback line or building line, whichever is closest to the front property line. No fence over 2.5 feet in height shall be permitted within residentially required front yard setback areas.

b.

Fences on residentially zoned lots, including interior and corner double-frontage lots, fronting a street, shall be installed in accordance with front yard setback requirements.

(13)

Fences in rear/side yard. Fences in rear and side yards shall meet the following requirements:

a.

No fence or wall shall exceed six feet in height in any side or rear yard. Fences not greater than six feet in height are permitted in side or rear yards and shall not extend beyond the front of the principal structure or the required building setback, whichever is furthest from the road right-of-way.

b.

A wall or solid fence not more than six feet in height, as measured from the highest adjacent grade, may be maintained along the interior side or rear lot lines provided such a wall or solid fence does not extend into a required front yard.

c.

Fences which exceed three feet in height in side or rear yards shall not encroach within vision clearance areas.

(14)

Fences on corner lots. No fence over three feet in height shall be permitted within a vision clearance area of any portion of the lot.

(15)

Fences on a lot-double frontage. Fences shall be installed in accordance with the required front yard setback on both streets, except where otherwise approved in conjunction with a conditional use permit, site plan review, or variance from the zoning board of appeals.

(16)

Approved fence materials. All fences shall meet the following material requirements:

a.

Fences to be situated in side and/or rear yards shall be constructed using materials suitable for residential-style fencing, including, but not limited to, brick, fieldstone, wrought iron, vinyl, chain link (with a minimum thickness of nine gauge and a required top rail support), stockade or board-on-board wood.

b.

No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, ores, junk, or other similar items. Materials not specifically manufactured for fencing, such as railroad ties, wooden doors, landscape timbers or utility poles shall not be used for, or in the construction of a fence.

c.

Agricultural/farm fences shall only be permitted in agriculturally zoned or used districts and shall not exceed six feet in height.

d.

Residential front yard fences shall be 50 percent open (see-through) and be of split rail, wrought iron or picket design. Chain-link fencing is not permitted in residential front yards.

(i)

Maintenance of fences. Fences shall be maintained in a manner as to prevent rust, corrosion and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair. Every fence installed shall be maintained by the owner in such a way that it will remain plumb and in good repair.

(j)

Existing fences. Any fence existing upon the effective date of this section shall not be enlarged, extended or replaced, except in strict compliance with all of the requirements of this section.

(k)

Prohibitions.

(1)

Prohibited fences. No person shall install:

a.

An electric or razor wire fence.

b.

Any wire or chain link-type Fence with the cut or salvage end of the fence exposed at the top.

c.

A fence which creates a hazard to users of the street, sidewalk or to nearby property.

d.

A fence composed solely of fence posts.

e.

An incomplete fence, consisting only of posts and supporting members.

f.

Barbed wire fences restricted. No person shall construct, use or maintain any barbed wire fence in any district other than on public lands and on GC-I zoning districts under the following circumstances:

Barbed wire fences may be installed in (for industrial uses) under circumstances whereby no more than three strands of barbed wire are horizontally situated above a fence of boards or woven wire not less than 72 inches in height, excluding the barbed wire. Barbed wire may be used on top of a six-foot fence surrounding a site storage area as approved under a conditional use permit or site plan review. Notwithstanding the above, barbed wire shall not be used along a property line abutting a residentially zoned area.

(l)

Fences permitted without a permit. The following types of fences are permitted, as specified, without a permit, subject to the following restrictions and providing that said fence does not in any way interfere with traffic visibility, or block, redirect or cause a drainage problem for the adjacent or downstream properties:

(1)

Snow fencing shall be permitted in all districts not exceeding four feet in height provided it is removed between May 1 and November 1 of each year. No snow fence shall extend into the street right-of-way line unless installed by the city or a contractor having a permit from the city.

(2)

Agricultural/farm fences are limited to agriculturally zoned or used districts.

(3)

Decorative fences not exceeding two feet in height shall be permitted in all districts. Such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.

(4)

Underground electrical fences are permitted in all districts.

(5)

Arbors and/or trellises shall not be used as a fence.

(m)

Non-boundary related fence standards. All in-the-ground swimming pools shall be enclosed by a fence. Designs for such a fence shall be submitted to the zoning administrator for approval. Notwithstanding any further provisions of this chapter, the zoning administrator may approve the design of a fence enclosing a swimming pool. Fences surrounding tennis courts, and baseball and/or softball field backstops may be erected in conformance with accepted industry standards. A fence permit shall be required for such installation.

(n)

Dog enclosures. Dog enclosures shall be permitted in residential districts subject to the following criteria:

(1)

No dog enclosure shall be installed on a lot unless approved by the zoning administrator and a permit is issued.

(2)

Dog enclosures must be located in the buildable area directly behind and adjacent to the principal building. In no event shall a dog enclosure encroach into a required setback or be located closer to a corner or interior side property line than the principal building.

(3)

Reserved.

(4)

No dog enclosure shall be in excess of 250 square feet in area, nor more than six feet in height above the surface of the ground, as measured from the ground level at the lowest grade level within five feet of either side thereof.

(5)

Dog enclosures may be constructed of any material permitted for a residential fence.

(6)

No dog enclosure shall be constructed contrary to required vision clearance area requirements.

(o)

Visual clearance violations.

(1)

Administration of visual clearance violations. The zoning administrator shall have the duty of establishing, restoring and maintaining visual clearance. When the zoning administrator has determined that visual clearance has not been established, restored or maintained, as required within this section, the zoning administrator shall, in writing, notify the owner, operator or other party responsible for managing and/or maintaining the offending property that visual clearance must be established or restored within 15 days from the date of notice. The notice shall further provide that the notified party or agent shall have the opportunity to be personally heard by the zoning administrator within said period, and failure to request a hearing shall waive the opportunity to be heard. The 15-day compliance period may be extended upon written request, for good and sufficient reason. The failure of the owner, operator or other responsible party to provide or restore visual clearance within the time prescribed shall authorize the zoning administrator to do or to have done such work as will establish or restore visual clearance, bill the owner, operator or other responsible party for the actual costs of the service rendered, and demand payment be made within 30 days of the billing date. The failure of the owner, operator or other responsible party to promptly pay said bill shall authorize the zoning administrator to charge the cost against the property in noncompliance as a special assessment, pursuant to the authority of Wis. Stats. § 66.60. The special assessment shall be a lien upon the real estate until paid in full, with interest accruing on the unpaid balance at the rate of seven percent per annum. There shall also be a $100.00 administrative charge added to the charge and special assessment to cover administrative costs of charging and specially assessing the property.

The order of the zoning administrator may be appealed to the board of appeals upon written notice of said appeal being served upon or sent by registered mail to the zoning administrator within ten days after the date of the order.

(2)

Public nuisance. Obstruction to visual clearance, as regulated by this section, shall be deemed to be a public nuisance and the zoning administrator is authorized to abate said nuisance.

(p)

Administration, special exceptions and appeals.

(1)

Administration. It shall be the duty of the zoning administrator to administer and enforce this section.

(2)

Special exceptions. Upon application for a special exception, the plan commission may, after investigation and public hearing, grant a special exception from the terms of section 78-273 of this chapter where such special exception will not be contrary to the spirit and purpose of this section, and where a special exception will do substantial justice.

(3)

Appeals. An aggrieved person adversely affected by the denial of a permit or decision, determination or interpretation under this section by the zoning administrator may appeal such denial, decision, determination or interpretation to the zoning board of appeals.

(4)

Application procedure. Any application for a special exception or appeal shall be taken pursuant to the procedure set forth in section 78-273 of the zoning ordinance.

(Ord. No. 2021-105, 10-25-2021)

Editor's note— At the city's request, special instructions received on Feb. 23, 2023 amended § 78-10, as set out herein.

(a)

Purpose and intent. The purpose of this section is to establish rules, regulations, standards, and procedures for the review and approval of a site plan that would involve a new or expanded multifamily, business, industrial or institutional structure within the City of Seymour's R-3, CB, CH, CI, PL zoning districts, and any non-residential use as allowed in the one and two-family residential zoning districts, in order to:

(1)

Provide for safe, efficient vehicular, pedestrian, and bicyclist circulation.

(2)

Provide for screening, landscaping, signage, and lighting.

(3)

Ensure efficient, safe, and attractive land development.

(4)

Provide for compliance with minimum design standards to ensure proper building arrangements and minimal adverse effect on adjacent properties.

(5)

Develop proper safeguards to minimize the impact on the environment.

(6)

Insure the provision of an adequate water supply, drainage, and storm water management, sanitary facilities, and other utilities and services.

(7)

Encourage modern and innovative design, construction, technology, and planning methods.

(8)

Implement the recommendations of the City of Seymour Comprehensive Plan.

(9)

Ensure that new or additions to existing multifamily, business, and industry structures comply with the requirements of this section, City of Seymour Zoning Ordinance, and other applicable City of Seymour ordinances.

(b)

Applicability.

(1)

A site plan application will be required:

a.

Prior to the issuance of a building permit for a new structure.

b.

Prior to the issuance of a building permit for an expansion of an existing structure any site modifications.

c.

When a special exception is filed (with the exception of residential uses other than multi-family).

d.

When a PUD is filed.

e.

Whenever a change in ownership, change in use or change in manufacturing activities occurs for non-residential properties.

(2)

Where permitted and prohibited uses, site and landscape regulations, building design criteria, off-street parking and loading requirements, and other regulations contained herein are either more or less restrictive than comparable conditions imposed by provisions contained in the City of Seymour Zoning Ordinance or of any other law, ordinance, rule, resolution or regulations, the requirements that are more restrictive shall apply.

(3)

Exceptions.

a.

General maintenance and repair of existing structures within the specified Districts, provided that there are no structural additions or subtractions and/or the use of the structure does not change.

b.

Accessory structures having less than 200 square feet of buildable area.

c.

One- and two-family residential structures.

(c)

Procedure and administration.

(1)

Pre-submittal meeting. Prior to the submittal of a site plan, the developer shall meet with the public works director to discuss zoning district, site plan, timelines, and other city requirements. Such meeting should occur prior to any extensive outlay of funds on the part of the developer since it is intended to identify potential problems and methods to alleviate them and to encourage a cooperative effort between the developer and the city.

(2)

Alternative plan commission meeting. A petitioner may request a preliminary meeting with the plan commission (at no fee) to seek preliminary input and thoughts from the commission regarding the possibilities for a successful petition.

(3)

Review authority. The site plan review authority shall be administered by the public works director, who shall send out copies of a filed site plan for feedback from the following departments:

a.

City engineer.

b.

Police department.

c.

Fire department.

d.

City administrator.

(4)

Scope of review. The public works director, when evaluating site plans, will consider the following aspects of a site plan, based on its complexity, size, scope and impact to the surrounding property owners:

a.

The relationship of the site plan to the adopted comprehensive plans and policies.

b.

Parking layout so as to:

1.

Minimize dangerous traffic movements.

2.

Achieve efficient traffic flow.

3.

Provide for the optimum number of parking spaces, while maintaining city design standards.

4.

Provide for pedestrian safety.

c.

Provisions for surface and subsurface drainage and for connections to water and sewer lines, so as not to overload existing public utility lines nor increase the danger of erosion, flooding, landslide or other endangerment of adjacent or surrounding properties.

d.

Landscaping, so as to:

1.

Maintain existing mature trees and shrubs when designing the development or redevelopment of the site, construction and after construction.

2.

Buffer adjacent incompatible uses.

3.

Screen unsightly activities from public view.

4.

Break up large expanses of asphalt and buildings with plant material.

5.

Provide an aesthetically pleasing landscaping design.

e.

Location of principal structures, accessory structures, lighting, freestanding signs, refuse containers, mechanical equipment, etc. so that their location and proportion does not impede safe and efficient traffic flow or adversely impact the development of adjacent property or the character of the surrounding neighborhood.

f.

All electrical, telephone and cable lines shall be placed underground whenever practical.

g.

Compliance with this chapter, the subdivision regulations and the storm water ordinance.

(5)

Application for site plan review. An application shall be made on city forms obtained from the city clerk, and shall be fully, accurately and legibly completed, with submission of one plan drawn to an engineering scale no greater than one inch equals 40 feet, plus 11 copies of a complete set of legible plans reduced in size to 11 inches by 17 inches. All building/structure renderings shall be three dimensional with proposed coloring. The petitioner shall file said application with the city clerk, who will then establish a meeting date for the plan commission to review the application. An electronic copy of all documents (thumb drive) shall be submitted as part of the application packet.

(6)

Special exceptions, PUD concept plans and other references to site plans. Where a concept plan or site plan is required elsewhere in this section, such as in the PUD or special exception sections, the site plan regulations as set forth in this section will apply, except that a PUD or special exception recommendation must still be acted upon by the city council.

(d)

Application requirements.

(1)

Fee. A fee (on record in the city clerk's office) shall be submitted with the application.

(2)

Written application. Every applicant for a site plan review shall complete an application form, with supplementary attachments, if necessary, containing the following information:

a.

Name, address, and phone number of the owner and architect or engineer.

b.

Date of the application.

c.

Identification of the property in question by street address and by parcel number. If there is no street address, the applicant shall provide a description of the location of the property in relation to surrounding streets and properties.

d.

Description of the nature of the proposed development or redevelopment, and the proposed land use(s), including accessory uses.

e.

Time schedules for the completion of phases in staged development.

(3)

Information on maps. The following shall be shown on each site plan, elevation, or section:

a.

The name of the applicant.

b.

The name and location of the development.

c.

The title of the plan (i.e. "Site Plan", "Landscape Plan").

d.

Scale and north arrow.

e.

The date of the original plan and the date(s) of any revisions.

(4)

Optional submittals. Whenever it is determined by the review authority that the characteristics of the proposed development require additional information or documentation to permit a comprehensive review, such information or documentation shall be provided by the applicant after receiving a written request from the review authority. The following list of the optional submittals may include, but not limited to:

a.

Traffic impact statement.

b.

Description of unusual site characteristics.

c.

Street perspectives.

d.

Draft copy of a homeowners association or other legal document from entities responsible for control over required common areas and facilities.

e.

Site plan application and maps on a thumb drive in a PDF format.

(5)

Site plan requirements. Different levels of information will be required for site plan review, depending upon the complexity, size, scope, and impact to surrounding property owners. In all cases, the city public works director will have the option of requesting additional information in any of the following scenarios to fully understand the impact a project may have in a given location in the community.

The following items will be required for a project that involves an addition to an existing building and will not create the need for more parking spaces:

a.

Name of project/development.

b.

Location of project/development by street address and/or tax parcel number.

c.

Adjacent streets and street rights-of-way.

d.

North arrow and scale.

e.

Site statistics, including:

1.

Site square-footage.

2.

Percent site hard surface coverage.

3.

Percent open space.

f.

Boundary lines of property, with dimensions.

g.

Identify what types of products will be manufactured, sold and/or stored on site (if any).

h.

Identify all exterior lighting fixtures, either mounted on the building or freestanding light along with dispersion pattern, intensity of light and cut-off shielding that reflects light downward and in which the light source is not visible from adjacent properties.

i.

All existing and proposed buildings and structures (including numbers of units within each proposed building and/or structure).

j.

The dimensions of all required yard setbacks for buildings and off-street parking.

The following additional items will be required for a project that involves the construction of a new building on a vacant parcel of land anywhere other than along County Trunk "C", State Highway 54, or State Highway 55:

a.

Topographical contours at minimal interval of two feet.

b.

Storm water ponds, drainage ditches, water bodies, wetlands, and floodplains.

c.

Location, height, elevations and materials of all fences or retaining walls.

d.

All exterior sign locations and details of size and shape.

e.

Existing and proposed driveways and parking lots including: pavement markings to show traffic flow; parking stall sizes and layout, a note on the plan to show calculations for parking and loading requirements; handicap stalls and ramps; loading zones; driveway widths and radii or flares on driveway aprons to public streets.

f.

For parking areas, identify all proposed and existing stop signs at all private driveway exits onto public roadways. If stop signs are required, add a note on the site plan identifying: "Stop signs shall be installed and maintained in accordance with the Federal Highway Administration Manual of Uniform Traffic Control Devices, latest version."

g.

If existing curb cuts are to be abandoned, the statement "Curb cut will be closed per City of Seymour standards" shall be clearly noted on the site plan. All proposed curb cuts shall be made by horizontal curb cutting machine.

h.

For drive-through uses, show vehicle stacking spaces and pedestrian access to entry doors that do not cross drive-through lanes.

i.

Front parking lot setbacks shall provide a minimum 15 feet of green space/open space from the property line and side parking lot setbacks shall provide a minimum of five feet of green space/open space from the property line within Seymour's R-3, CB, CH, CI, and PL zoning districts. However, if any other lot in the same facing block as the automobile parking lot is zoned in District R-1 or R-2, then the green space/open space shall be 25 feet from the property line. Provided further, that where the adjoining premises is zoned in Districts R-1 or R-2, side yard parking lots shall be not less than 25 feet of green space/open space from the property line. Setbacks and side yards shall be measured as the distance from the property line to the parking area for the purpose of this section only.

j.

Identify snow storage areas located outside of setbacks, in required parking areas and vision clearance triangles.

k.

The location and extent of all existing and proposed outdoor storage and outdoor display. At no time shall outdoor material storage/display exceed the height of required screening for approved site.

l.

The location and detail of refuse containers and their enclosures (enclosures to match exterior of primary structure), existing and proposed sidewalks with grade elevations and handicap access at driveways, bicycle storage racks, traffic control dividers, tree islands and other similar improvements.

m.

Color architectural renderings of the proposed structures, buildings, and signage, including:

1.

All dimensions.

2.

Gross square footage of existing and proposed buildings and structures.

3.

Description of all exterior finish materials.

n.

Show on-site fire hydrants, fire department hose connections, and the respective flow calculations to meet the International Fire Code for installed fire protection systems.

o.

The statement "A Knox Box will be provided at the front entrance" shall be included on the site plan.

p.

Identify the location and presence of all fire related wall assemblies.

q.

Identify all types of hazardous materials to be stored on site. If none, state "No hazardous materials will be stored on site".

r.

Identification of the class of construction in accordance with State Building Code.

s.

When abutting a site plan project, any public right-of-way shall be identified with accurate locations for existing and proposed facilities such as streets, curbs, sidewalks, sidewalk planters, street trees, utility poles, traffic signs and signals, median islands, project driveways, and driveways on opposite street frontages. Elevations of sidewalks at property lines and elevations to indicate handicap accessibility shall be identified. A statement that "Any existing sidewalk damaged during construction will be replaced as a part of this project" shall be clearly noted on the site plan.

t.

List all existing and proposed grades for first floor elevations and catch basin inlet rim and invert elevations. Locate and label, whether underground or overhead, all existing and proposed utility lines and easements with sizes and material designations, and slopes (as needed), including sanitary sewer (manholes, laterals and clean outs), storm sewer (manholes, laterals and catch basins), water (laterals, fire lines, valves and meters), fire hydrants, gas, telephone, cable and electric lines. If existing utilities are to be abandoned, clearly state the method of abandonment.

u.

Identify all existing and proposed storm sewer mains and laterals, including the method of connection to the public main, easements, size, materials, slope, manholes, inlets, catch basins, yard drains, rim elevations, invert elevations, area map for drainage to each catch basin, square feet draining to each catch basin, plumbing code calculations, roof drain discharges and/or connections, square foot of roof area and public systems for connection.

v.

Provide cross-sections for all pavement and identify depth of base gravel base and thickness of hard-surfaced pavement (concrete or asphalt compacted).

w.

Identify streams, wetlands, channels, ditches and other watercourses on the site and on adjacent properties.

x.

If in the floodplain, identify the flood fringe, floodway and flood storage areas.

y.

Location of all mechanical equipment and the manner in which it will be enclosed or screened. Rooftop equipment must be integrated into the design of the structure, enclosed, painted to match color of façade, or screened from ground-level view to the extent practicable.

z.

Loading docks and areas should be located on the side or rear of the building(s).

The following additional items will be required for a project that involves the construction of a new building on a vacant parcel of land located along County Trunk "C", State Highway 54, or State Highway 55:

a.

Buildings have an articulated front façade and/or varied rooflines and in industrial and commercial districts, large walls shall contain windows or other treatments to break up mass.

b.

Building façade materials are aesthetically compatible with neighboring façades. A minimum of the first four feet of each such façade that faces a street shall be finished with brick, colored split-face concrete masonry, or natural stone. Glass curtain walls may be substituted for brick, colored split-face concrete masonry, natural stone or other materials approved by the plan commission.

c.

Where metal siding is used, it is coated with a colorfast, abrasion and corrosion resistant, long life (minimum 20 years) finish that is resistant to chemicals, withstands temperature extremes and has a low permeability. Any material utilized to attach the metal siding to the building shall be concealed or the utilization of shadow panels or semi-concealed fastener panels with fasteners painted to match is required. The color and texture are to be approved by the plan commission.

The following additional items will be required for a project that involves the construction of a multi-family housing project abutting one or two-family zoned land:

a.

Multi-family residential projects shall include additional information that identifies the total acres of subject property, the total number of dwelling units and density per acre and the percentage of proposed site coverage for buildings and hard-surfaced areas as opposed to green space and landscaping with a maximum 70 percent impervious coverage rate.

b.

A minimum eight-foot vegetative buffering or opaque fencing is provided adjacent to residentially zoned land. Plastic or wooden slats through cyclone fencing shall not be deemed sufficient.

The public works director will provide a petitioner who files for a new parking lot or expansion of an existing parking lot with the specific information that will need to be included on a site plan submittal.

(e)

Transition area associated with site plan. A transition area will only be required if the project abuts R-1 or R-2 properties or is located along County Trunk "C", State Highway 54, or State Highway 55. In such situations, a transition area shall be designed by a landscaping professional with the following standards:

(1)

General standards.

a.

Whenever possible existing trees and shrubbery shall be incorporated into the design.

b.

Transitional areas shall be located within 25 feet of the property line unless planting is prohibited by easements or other restrictions. In such cases, the transitional area shall be located as near to the property line as practicable.

c.

Transitional areas shall be designed to achieve a minimum of 75 percent screening within five years of planting. Plant materials shall reflect varying heights, textures, species, seasonal color, and both evergreen and deciduous varieties. For the purpose of calculating the percentage of screening, the transitional area shall be considered to be that area extending from the ground level to 16 feet in height. Screening potential of plant materials shall be calculated as follows:

* Mass plantings of annuals or perennials may be substituted for shrubs under four feet in height

d.

To the extent practicable, transitional areas should be planted in a curvilinear manner with undulating berms wherever possible. Earth berms shall not exceed a slope of 33 percent (3:1) for lawn areas. Berms planted with ground cover and shrubs shall not exceed a slope of 50 percent (2:1). Berms should be graded to appear as smooth, rounded, natural forms.

e.

Transitional area landscaping shall be designed to achieve a minimum of 75 percent opacity for both Commercial and industrial commercial transitional areas.

f.

The minimum transitional area landscaping buffers for commercial transitional areas is 25 feet, and 20 feet for industrial transitional areas.

(2)

Size and type of plant material. The type and minimum size of the plant material that shall satisfy the transitional area requirements shall be:

(3)

Mitigation of other visual impacts. The use of a screening buffer shall be required to mitigate the adverse visual impacts which proposed land uses or site elements will have on the subject property, adjoining properties and the community in general. In addition to the requirements for transitional area landscaping in this section, the following proposed land use and site elements shall be screened from off-site view with a transitional area landscape buffer:

a.

Dumpsters, trash disposal, recycling areas, and mechanical equipment.

b.

Service and loading docks.

c.

Outdoor storage area or accessory buildings.

(f)

Review by the plan commission.

(1)

The plan commission, in its consideration of the submitted complete application, shall take into account the purpose and intent of this section and criteria for review. The plan commission, in reviewing the application, may require such additional measures and/or modifications as it deems necessary to accomplish these objectives.

(2)

If such additional measures and/or modifications are required, the plan commission may withhold approval of a site plan until a revision depicting such additional measures and/or modifications are submitted to the satisfaction of the plan commission, or may conditionally approve the application subject to the provision of a revised application reflecting the direction of the plan commission to the satisfaction of city staff.

(3)

Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures as directed by the plan commission.

(4)

The plan commission may require appropriate sureties to guarantee that improvements will be completed on schedule.

(5)

At the discretion of the plan commission, neighbors abutting a project that requires site plan review could be notified of an upcoming plan commission meeting.

(g)

Initiation of land use or development activity. Any type of site preparation or construction activity, prior to site plan approval, shall be a violation of this section and shall be subject to all applicable enforcement mechanisms and penalties.

(h)

Modification of an approved site plan. Any substantial variation between development and/or land use activity on the subject property and the approved site plan is a violation of this section. An approved site plan shall be revised and approved via the procedures of this section, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.

(i)

Revocation.

(1)

The approval of any site plan required by this section shall remain valid for one year after the date of approval, after which time the site plan shall be deemed null and void if the development has not been established or actual construction commenced. For the purpose of this section, "actual construction" shall mean that the permanent placement of construction materials has started and is proceeding without undue delay. Preparation of plans, securing financial arrangements, issuance of building permits, letting of contracts, grading of property, or stockpiling of materials on the site shall not constitute actual construction.

(2)

If an approved site plan expires for any reason, any subsequent development or use of the property shall require a new site plan review application.

(j)

Appeals. Any person or persons aggrieved by any decisions of the plan commission related to a site plan denial may appeal the city council, accompanied by an application form and filing fee. Such appeal shall be filed with the city clerk within 30 days after final plan commission action.

(k)

Variances. When, in the judgment of the plan commission, it would be inappropriate to apply literally to a provision of this chapter due to extraordinary hardship, the plan commission may waive or vary such provisions so that substantial justice may be done and the public interest secured. Any modification or variance thus granted shall be entered in the minutes of the plan commission, setting forth the reasons which justified the modification.

(l)

Violation. Construction of other activities contrary to the approved site plan, or in the absence of an approved site plan, shall be a violation of this section.

(m)

Severability.

(1)

If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this section unconstitutional or invalid, the remainder of this section shall not be affected thereby.

(2)

If any application of this section to a particular structure, use, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, use, land, or water not specifically included in said judgment.

(n)

Violations and penalties. Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule, or regulation made or adopted hereunder shall be subject to a penalty as provided in section 78-09 of this chapter.

(o)

Effective date. This amendment to the City of Seymour's Zoning Ordinance shall become effective upon passage and publication as provided by law.

(Ord. No. 2021-108, 12-13-2021)

Editor's note— Ord. No. 2021-108, adopted Dec. 13, 2021, set out provisions intended for use as § 17-10. Inasmuch as there were already provisions so designated, said section has been codified herein as § 17-11 at the discretion of the editor.

(a)

Intent. Transitional areas shall be required to separate commercial and industrial uses from residential areas. The purpose of the transitional areas is to eliminate or minimize adverse external effects of commercial and industrial development on neighboring residential uses or districts. The transitional area shall be a landscaped area where no portion of a building, loading, parking, storage or driving area may be located.

(b)

Applicability. Transitional areas are required to separate CB, CH, CI districts from one and two family zoning districts.

(c)

General standards.

(1)

Whenever possible existing trees and shrubbery shall be incorporated into the design.

(2)

Transitional areas shall be located within 25 feet of the property line unless planting is prohibited by easements or other restrictions. In such cases, the transitional area shall be located as near to the property line as practicable.

(3)

Transitional areas shall be designed to achieve a minimum of 75 percent screening within five years of planting. Plant materials shall reflect varying heights, textures, species, seasonal color, and both evergreen and deciduous varieties. For the purpose of calculating the percentage of screening, the transitional area shall be considered to be that area extending from the ground level to 16 feet in height. Screening potential of plant materials shall be calculated as follows:

(4)

To the extent practicable, transitional areas should be planted in a curvilinear manner with undulating berms wherever possible. Earth berms shall not exceed a slope of 33 percent (3:1) for lawn areas. Berms planted with ground cover and shrubs shall not exceed a slope of 50 percent (2:1). Berms should be graded to appear as smooth, rounded, natural forms.

(5)

Transitional area landscaping shall be designed to achieve a minimum of 75 percent opacity for both commercial and industrial commercial transitional areas.

(6)

The minimum transitional area landscaping buffers for commercial transitional areas is 25 feet, and 25 feet for industrial transitional areas.

(d)

Size and type of plant material. The type and minimum size of the plant material that shall satisfy the transitional area requirements shall be:

(e)

Mitigation of other visual impacts. The use of a screening buffer shall be required to mitigate the adverse visual impacts which proposed land uses or site elements will have on the subject property, adjoining properties and the community in general. In addition to the requirements for transitional area landscaping in this section, the following proposed land use and site elements shall be screened from off-site view with a transitional area landscape buffer:

(1)

Dumpsters, trash disposal, recycling areas, and mechanical equipment.

(2)

Service and loading docks.

(3)

Outdoor storage area or accessory buildings.

(f)

Approval. The plan commission shall approve the design and plant material content of all required transitional areas. The plan commission may consider alternative plant materials, fencing, or reducing transitional area requirements if it determines that the site conditions warrant.

(g)

Enforcement and penalties. Any person who violates the foregoing provisions shall be subject to a forfeiture of not less than $5.00 and not more than $200.00 for each offense. Upon notification of violation by the zoning administrator, each day a violation is allowed to continue to exist shall constitute a separate violation.

(Ord. No. 2022-102, 2-28-2022)