Slinger City Zoning Code
ARTICLE II
General Provisions
§ 550-7 Jurisdiction.
The jurisdiction of this chapter shall include all lands and waters within the Village limits of the Village of Slinger, Wisconsin.
§ 550-8 Zoning Administrators designated.
[Amended 4-2-2020 by Ord. No. 04-02-2020; 5-20-2024 by Ord. No. 05-04-2024]
The Village Planner and Village Building Inspector are hereby designated as the Zoning Administrators. It shall be the duty of the Zoning Administrators, with the aid of the Village Police, to enforce the provisions of this chapter. The Zoning Administrators shall further:
A.
Maintain records of all permits issued, inspections made, work approved, and other official actions.
B.
Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.
C.
Investigate all complaints made relating to the location and use of structures, lands and waters; give notice of all violations of the chapter to the owner, resident, agent or occupant of the premises; and report uncorrected violations to the Village Attorney in a manner specified by him.
D.
Assist the Village Attorney in the prosecution of ordinance violations.
E.
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats.
F.
Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection. Request assistance and cooperation from the Village Police Department and Village Attorney as deemed necessary.
§ 550-9 Compliance.
No structure, land or water shall hereafter be used or developed, and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered except in conformity with the regulations herein specified for the district in which it is located.
§ 550-10 Zoning permit required.
No building shall be erected, moved, placed, altered or enlarged until after the issuance of a zoning permit. Applications for a zoning permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following, where applicable:
A.
Applicant. Names and addresses of the applicant, owner of the site, architect, professional engineer and/or contractor.
B.
Description of subject site. 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.
C.
Plat. Plat of survey prepared by a registered land surveyor, or where deemed appropriate by the Zoning Administrator, a location sketch drawn to scale showing the location, boundaries, dimensions, elevations, 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, elevations, and use of any abutting lands and their structures within 100 feet of the subject site.
D.
Wastewater disposal. Municipal sanitary sewerage connections are required where available for all new structures used or intended to be used for human habitation or occupancy except in the agricultural districts.
(1)
If municipal sewerage service is not available, a proposed sewage disposal plan shall be prepared in accordance with county and state regulations.
E.
Water service. Municipal water service connections are required where available for all new structures used or intended to be used for human habitation or occupancy except in the agricultural districts. If municipal water service is not available, a proposed water supply plan shall be prepared in accordance with county and state regulations.[1]
F.
Miscellaneous information. Additional information as may be required by the Village Planning Commission, Village Engineer, or Zoning Administrator.
G.
Zoning permit. Zoning permit shall be granted or denied in writing by the Zoning Administrator within 30 days. The permit shall expire within six months unless substantial work has commenced. Any permit issued in conflict with the provisions of the ordinance shall be null and void.
§ 550-11 Other permits.
It is the responsibility of a permit applicant to secure all other necessary permits required by any state, federal, or local agency.
§ 550-12 Site restrictions.
No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, or low bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The Village Planning Commission, in applying the provisions of this section, 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 they so desire. Thereafter, the Village Planning Commission may affirm, modify, or withdraw its determination of unsuitability.
A.
All lots shall abut upon a public street, and each lot shall have a minimum frontage of 40 feet.
B.
All principal structures shall be located on a lot; and only one principal structure shall be located on a lot in the R-1, R-2, R-3, R-4, R-5, R-6, and Rd-1 Residential Districts. The Village Planning Commission may permit more than one structure per lot in other districts where more than one structure is either needed or suitable for the orderly development of the parcel. Where additional structures are permitted, the Village Planning Commission may impose additional yard requirements, landscaping requirements, or parking requirements or require a minimum separation distance between principal structures.
C.
No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
D.
Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The setbacks on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.
§ 550-13 Use restrictions.
[Amended 9-21-2015 by Ord. No. 08-02-2015]
Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district.
A.
Accessory uses. Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade or industry except for permitted home occupations and professional home offices, as defined in this chapter. Accessory uses include incidental repairs, storage, parking facilities, gardening, and private emergency shelters.
B.
Conditional uses. Conditional permitted uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Village Planning Commission in accordance with Article IV of this chapter.
C.
Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the Village Planning Commission provided that such uses are similar in character to the principal uses permitted in the district and shall follow the procedures set forth in Article IV of this chapter for approval.
D.
Temporary and/or seasonal uses and structures.
[Amended 8-21-2023 by Ord. No. 08-03-2023]
(1)
Temporary or seasonal uses of land or structures lasting for three days or less may be approved by the Zoning Administrator and/or Village Administrator. The Zoning Administrator and/or Village Administrator may attach conditions to the approval of any temporary or seasonal use or structure as they deem necessary and appropriate to avoid potential adverse effects from such use or structure upon the immediately surrounding area and the Village public as a whole. The Zoning Administrator and/or Village Administrator may elect consult with the Planning Commission prior to approval of such temporary uses.
(2)
Any temporary and/or seasonal structure or use intended to remain in place for more than three days but not more than nine months, with the intent to discontinue and remove such use or structure upon the expiration of such fixed time, which use and/or structure does not include the addition of any permanent physical modifications or improvements to the property upon which it is located, may be permitted subject to the approval of the Village of Slinger Village Administrator upon the Administrator's review and consideration of potential impacts (including, but not necessarily limited to, such matters as traffic generation, potential nuisance impacts such as noise, odor, or light emission, anticipated crowd sizes/attendance, proposed security plans, intended hours and manner of operation, utility service needs such as water, sewer, gas or electricity, on-site sanitary waste disposal plans, refuse containment plans, consistency with neighboring land uses, frequency of use occurrence, duration of use, and parking provisions) of the use and/or structure.
(a)
Uses or structures intended to remain in place for more than nine months are required to be approved through the otherwise prescribed approval processes as set forth in the Village Code (i.e., as a permitted use or conditional use, and including the review and approval of site plan, plan of operation, architectural plans, and similar, as may be required depending upon the characteristics of the proposed use/structure and the underlying zoning district).
(b)
The Planning Commission may grant a single extension or renewal to continue an existing, approved temporary use or structure for up to nine additional months upon receipt of a written request by the applicant received by the Village not less than 30 days in advance of the expiration of the current temporary use permission. The Planning Commission shall determine whether a/another public hearing will be required prior to granting any such extension or renewal.
(3)
Under the following circumstances, a conditional use permit shall be required prior to establishing the temporary or seasonal use or structure:
(a)
Where the proposed structure does not comply with the offset or setback requirements of the zoning district in which it is located;
(b)
If the proposed use includes outdoor service and/or consumption of alcohol not otherwise previously approved by the Village;
(c)
If the proposed use involves food/concession sales/vending and/or retail-type peddling to the general public for more than two consecutive days or three days cumulatively in any thirty-day period;
(d)
If the proposed use/structure includes permanent physical modifications or improvements to the property it is to locate upon;
(e)
If the Village Administrator determines that the proposed use or structure may adversely impact neighboring property owners or the general public health, safety and welfare of the Village in whole or in part.
(4)
Requests for temporary and/or seasonal use/structure approval shall be submitted to the Village Administrator for review and dispensation on forms provided by the Village. The submittal shall include such plans and information as may be requested by the Village Administrator (in consultation with the Village Engineer, Clerk, Planner, Police/Fire Departments, and/or Building Inspector, at the Administrator's discretion) as shall deem necessary in order to fully assess the request and to accurately document it for the Village record.
(5)
Fees for application, review, consideration and approval of temporary and/or seasonal uses/structures may be levied in accordance with applicable section(s) of the Village's Code of Ordinances and may include a requirement for the applicant and property owner to execute the Village's professional services reimbursement acknowledgement form.
E.
Home occupations and professional home offices. Home occupations and professional home offices are permitted accessory uses in any residential district in accord with the following requirements:
(1)
The use of the residential dwelling for the home occupation or professional home office shall be clearly incidental and subordinate to its residential use. Such use shall not occupy more than 25% of the floor area of the dwelling unit inclusive of any floor area in an accessory building used for the home occupation.
(3)
No person other than members of the family residing on the premises shall be employed or engaged in such home occupation or professional home office.
(4)
Home occupations shall use only household equipment and no stock-in-trade shall be kept or sold except that which is made on the premises.
(5)
No traffic shall be generated by the home occupation or professional home office in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation or use shall be provided off the street and other than in the required street yard.
(6)
No outdoor storage of equipment or product shall be permitted.
(7)
Home occupations which comply with the conditions set forth above may include but are not limited to babysitting, canning, crafts, desktop publishing and other computer services, dressmaking, insurance sales, laundering, millinery, piano instruction, real estate sales and word processing.
(8)
Home occupations shall not include auto repair or service, barbering, beauty shops, construction trades, dance studios, photographic studios or other uses that the Zoning Administrator determines to be similar in impact to the uses listed above.
F.
G.
Accumulation or storage of miscellaneous items. The accumulation or storage of miscellaneous items, such as tractors, refrigerators, furnaces, washing machines, stoves, machinery or parts thereof, junk, wood, brick, cement block, similar materials, or other unsightly debris which may tend to depreciate property values in the area or create a nuisance or hazard shall not be allowed to remain unless one or more of the following occurs:[4]
H.
Solar energy systems.
[Amended 6-20-2022 by Ord. No. 06-03-2022]
(1)
Purpose and intent. The Village Board finds the following:
(a)
The purpose of this section is to regulate solar energy systems subject to the provisions and limitations of this section and § 66.0401, Wis. Stats.
(b)
This section is intended to preserve or protect the public health or safety; does not significantly increase the cost of the system or significantly decrease its efficiency; and allows for an alternative system of comparable cost and efficiency.
(c)
This section provides a process for obtaining necessary permits while protecting the interests of Village residents and businesses.
(2) SOLAR ENERGY FARM SOLAR ENERGY SYSTEM SOLAR ENERGY SYSTEM, FLUSH-MOUNTED SOLAR ENERGY SYSTEM, GROUND-MOUNTED SOLAR ENERGY SYSTEM, STRUCTURE-INTEGRATED SOLAR ENERGY SYSTEM, STRUCTURE-MOUNTED
Definitions. For purposes of this § 550-13H, the following words shall have the meaning hereinbelow set forth:
A solar energy system that generates enough electricity to serve many customers by wholesale or retail sale and which system is not designed primarily for consumption on the property on which the system is located.
A system intended to convert solar energy into thermal, mechanical or electrical energy.
A solar energy system that is mounted flush with a finished building surface, at no more than six inches in height above that surface.
A solar energy system mounted on the ground and not attached to any other structure other than structural supports.
A solar energy system that is an integral part of a principal or accessory structure, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the structure. Structure-integrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, windows, skylights, shading devices and similar architectural components.
A solar energy system that is mounted on the facade or roof of either a principal or accessory structure.
(3)
Where permitted. Subject to the provisions of this Subsection H, solar energy systems are permitted as an accessory use in any district in the Village of Slinger.
(4)
Solar farms are not permitted in the Village of Slinger.
(5)
Approval procedure. No solar energy system shall be installed unless all applicable Building Code and Electrical Code requirements are met, including the issuance all necessary permits. Such permits cannot be issued until an application for a solar energy system has been submitted, reviewed and approved by Planner/Zoning Administrator and/or Building Inspector. In addition to the powers of the Planning Commission described in Chapter 14, Article I, of this Code, the Planning Commission shall have the powers described in this § 550-13H.
(6)
Conditions under which permitted.
(a)
General. Unless modified by the applicable conditions described below or by the Planning Commission, solar energy systems are subject to all accessory structure provisions of this Code.
(b)
Structure-mounted solar energy systems.
[1]
Structure-mounted solar energy systems may be mounted on principal and accessory structures.
[2]
Only structure-integrated and/or flush-mounted solar energy systems may be installed on street-facing structure elevations.
[3]
In all residential zoning districts, the Village Center — Downtown (VC-D) District, and on properties principally used for residential purposes, solar energy systems shall not extend more than three feet above the applicable maximum structure height limit for the subject structure type or more than five feet above the highest point of the roofline, whichever is less. In nonresidential zoning districts, solar energy systems shall not extend more than eight feet above the applicable maximum structure height limit.
[4]
The solar energy system shall not extend beyond the exterior perimeter of the building roof or wall.
[5]
Any ground-mounted battery storage, converter or invertor equipment related to the solar energy system shall be located inside a building or located in the side, or rear yard with proper screening. Any such equipment that will not be located indoors or underground may be required to be screened from the surrounding view.
[6]
The Village is not responsible to remove or force the removal of any structures or vegetation on adjacent or nearby properties that may exist at the time of installation or which may be constructed/installed in the future which may block any portion of the solar system.
(c)
Ground-mounted solar energy systems.
[1]
Ground-mounted solar energy systems are only permitted as an accessory use to an existing and permitted principal use of the lot where located, and only as an accessory structure. Solar farms are not permitted.
[2]
In all residential zoning districts, the Village Center — Downtown (VC-D) District, and on properties principally used for residential purposes, ground-mounted solar energy systems shall not be located in the front yard.
[3]
Height of ground-mounted solar energy systems shall not exceed 10 feet when oriented at maximum tilt. The grades that surround the system shall not be artificially elevated to bring in fill as to elevate the system higher than the existing grades on the property.
[4]
Landscaping and/or screening will be required to screen the ground-mounted system from adjacent properties and public rights-of-way as recommended by the Planning Commission on a case-by-case basis.
[5]
All electrical wires associated with the solar energy system, other than wires necessary to connect the system, grounding wires, etc., shall be located underground.
[6]
Shall be installed and securely attached to the ground pursuant to the manufacturer's requirements.
[7]
Land under and surrounding the system shall be properly manicured and maintained.
[8]
Any ground-mounted battery storage, converter or invertor equipment related to the solar energy system shall be located inside a building or located in the side, or rear yard with proper screening. Any such equipment that will not be located indoors or underground may be required to be screened from the surrounding view.
[9]
The Village is not responsible to remove or force the removal of any structures or vegetation on adjacent or nearby properties that may exist at the time of installation or which may be constructed/installed in the future which may block any portion of the solar system.
[10]
The required side and rear yard setbacks for ground-mounted solar energy systems shall be 25 feet minimum.
(7)
Planning Commission modifications. The Planning Commission is directed to modify the requirements of this Code to the minimal extent necessary when an applicant shows, in fact, that such standards significantly increase the cost of the system or significantly decrease its efficiency. In that event, the Planning Commission shall either approve the application as presented or conditionally approve the application subject to specified modifications that meet the intent of the Code as closely as reasonably possible while allowing construction of a solar energy system of comparable cost and efficiency. In every case, the Planning Commission shall not approve an application or a modification to this Code that jeopardizes the public health or safety. In the event of a conflict between this subsection and from the authority described in Wis. Stats., § 66.0401(1m), now or in the future, the Planning Commission is directed to apply the statutory standard to its consideration of solar energy system applications.
I.
Outdoor sale and/or consumption of alcoholic beverages. The outdoor sale and/or consumption of alcoholic beverages, in circumstances where a license is required under Ch. 125, Wis. Stats., is prohibited, except where such outdoor sale and consumption of alcohol is specifically referenced within the regulations herein specified for the district in which such use is located, and subject to § 550-44F of this chapter. Notwithstanding the foregoing, this prohibition does not apply under circumstances where the activity is controlled pursuant to a license described in §§ 125.26(6) and 125.51(10), Wis. Stats., (known as a picnic license). Nothing herein shall be interpreted as prohibiting outdoor sale or consumption of alcohol under circumstances allowed by § 125.06(6), Wis. Stats. (public park municipal exemption).
J.
Chicken keeping in certain zoning districts as an accessory use. Hen chickens or egg production for personal use may be kept as an accessory use in the A-1 Agricultural/Transition District and in any single-family residential district in accord with the following requirements and standards:
[Amended 11-4-2019 by Ord. No. 10-01-2019]
(1)
No minimum lot area is required in single-family zoning districts.
(2)
A maximum of six hens may be kept, no roosters.
(3)
Chickens shall be kept in a coop which may have an adjacent fence-enclosed area. A coop shall be located in the rear yard or in a front yard with a minimum setback of 75 feet from the front sidewalk or street and shall not exceed 50 square feet in area or eight feet in height, and the coop or fenced area shall not be closer than 25 feet to any separate residential or business structure on an adjacent lot, and shall have a minimum setback of five feet from any lot line. Such facilities shall not conflict with any public or private utilities, drainageways or any easements related thereto.
(4)
Chicken keeping shall not cause a public nuisance due to noise, odors, unsanitary conditions or any operation features as described in Chapter 336, Nuisances. The Village may take enforcement actions as necessary to abate any public nuisances.
(5)
It shall be the property owner's responsibility to verify that chicken keeping and chicken coops are permitted uses in any deed restrictions or covenants applicable to the subject property.
(6)
Prior to establishing the use, a permit shall be obtained from the Building Inspector for chicken keeping and construction of the coop and related fencing. The application for the permit shall include a location sketch of the coop and fencing showing property lines and nearby structures and design information for the coop. A fee shall be paid with submittal of the application in accord with the Village's Fee Schedule.
§ 550-14 Reduction or joint use.
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.