Somerset Village City Zoning Code
ARTICLE B
General Provisions
§ 13-1-20 Area to which chapter applies; compliance with chapter required.
Jurisdiction. The jurisdiction of this Chapter shall include all structures, air, lands and water within the corporate limits of the Village of Somerset, St. Croix County, Wisconsin.
Compliance. No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this Chapter and all other applicable Village, county and state regulations.
§ 13-1-21 Regulations for uses.
The following use restrictions and regulations shall apply:
Principal uses. Only those principal uses specified for a district, their essential services and the following shall be permitted in that district:
Performance standards. Performance standards listed in Article H shall be complied with by all uses in all districts.
Conditional uses. Provisions applicable to conditional uses generally:
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article D of this Chapter excepting those existent at time of adoption of the Zoning Code.
Those existing uses which are classified as "conditional uses" for the district(s) in which they are located at the time of adoption of this Code require no action by the Plan Commission to continue as valid conditional uses, and the same shall be deemed to be "regular" conditional uses.
Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission in accordance with Article D.
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article D.
Conditional uses authorized by the Village Board, upon the recommendation of the Plan Commission shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
Conditional uses authorized by the Village Board, upon the recommendation of the Plan Commission, shall not be subject to substitution with other conditional uses, whether similar type or not, without Board approval and the procedures required in Article D.
Uses not specified in code.
Uses not specified in this Chapter which are found by the Village Board, upon the recommendation of the Plan Commission, to be sufficiently similar to specified permitted uses for a district shall be allowed by the Village Board, upon the recommendation of the Plan Commission.
Uses not specified in this Chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board, upon the recommendation of the Plan Commission, public hearing and approval in accordance with Article D.
§ 13-1-22 Spaces not to be reduced or used jointly with other uses.
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.
§ 13-1-23 General site standards.
[Ord. No. A-671, § 1, 10-19-2021; Ord. No. 681-A, 4-18-2023; Ord. No. 684-A, 6-20-2023]
Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Village Board by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Village Board, in applying the provisions of the 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 he/she so desires. Thereafter, the Village Board may affirm, modify, or withdraw its determination of unsuitability.
Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage at the back of the curb of fifty (50) feet; however, to be buildable, the lot shall comply with the frontage requirements of the Zoning District in which it is located.
Principal structures. All principal structures shall be located on a lot. Only one (1) principal structure shall be located, erected or moved onto a lot. Except in any residential lot, the Village Board, upon the recommendation of the Plan Commission, may permit as a conditional use more than one (1) principal structure per lot in any district where more than one (1) such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Village Board, upon the recommendation of the Plan Commission, may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.
Dedicated street. 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.
Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. This does not apply to adjacent residential districts. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than sixty (60) feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.
Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands, and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than one and one-half (11/2) horizontal to one (1) vertical, within a distance of twenty (20) feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Village Board, following a recommendation from the Plan Commission; or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
Decks. For purposes of this Chapter, decks shall be considered a part of a building or structure.
Double-frontage lots. Buildings on through lots and extending from street to street may have waived the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets be complied with.
Landscaping and screening.
Purpose and objectives. The preservation of existing trees and vegetation as well as the planting of new trees and vegetation can significantly add to the quality of the physical environment of the community. This section provides for health, safety, and welfare of the residents of the city and is intended to:
Promote the reestablishment of vegetation in urban areas for aesthetic, health and urban wildlife reasons.
Establish and enhance a pleasant visual character which recognizes aesthetics and safety issues.
Promote compatibility between land uses by reducing the visual, noise and lighting impacts of specific development on users of the site and abutting uses.
Unify development and enhance and define public and private spaces.
Promote the retention and use of existing vegetation.
Aid in energy conservation by providing shade from the sun and shelter from the wind; and
Reduce flooding and erosion by stabilizing soils with trees and vegetation.
Landscaping plan. A landscaping plan shall be submitted at the time of site plan/preliminary plat review for any:
New development or new building construction in any commercial, industrial, single-family residential, multiple-family residential, public/ institutional, or planned unit development.
Modification or expansion of a building or improvements to a site, and/or when there is a change in land use. Landscaping requirements shall be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the Building Inspector. In all cases appropriate screening and buffering shall be provided for the entire site.
No building permit for any construction shall be issued until a landscape plan is approved.
General plan requirements. Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the Building Inspector at a legible scale and shall include the following:
Design standards and guidelines. All landscape plans shall adhere to the following:
Landscape areas.
All open areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of over-story trees, under-story trees, coniferous trees, shrubs, flowers, and ground cover materials.
Single-family residential lots must maintain vegetation in the villages right-of-way and along the five-foot perimeter of the property, except in areas where the required driveway access is located. An exception to this restriction would be landscaping materials (two (2) to three (3) feet in width) adjacent to a residential driveway. No irrigation shall be placed in the right-of-way.
Trees. The Village encourages tree planting on lots with no trees, but such trees shall not over fifty (50) percent of total yard dimensions. For all single-family residential lots requiring a building permit for construction of a new structure to be used for human habitation, at least one (1) tree shall be planted in the front yard, and side yard if abutting the street on a corner lot. Such trees shall be either coniferous trees at least six (6) feet high or deciduous trees at least two and one-half (2 1/2) inches caliper, and such trees planted shall meet other applicable Code provisions, including but not limited to the requirements in Section 6-4-7 regarding prohibited and restricted trees and planting requirements in that Section. The requirement to plant new trees under this subsection shall not apply if at least two (2) significant trees, as defined in Section 13-1-23(i)(4)d.1., exist and remain on the lot at the time of the issuance of the certificate of occupancy for the structure on that lot.
Sodding and seeding. All front (including boulevards), side or rear yards facing a right-of-way shall be sodded with the following exceptions:
Single-family residential lots are not required to sod, but turf must be established within thirty (30) days after the village has issued a certificate of occupancy. Turf shall be established within the front yard (including to the rear of the structure abutting the street on a corner lot) not less than thirty (30) days prior to occupancy. The counting of the thirty (30) days shall be paused during the time between October 1 and May 1, but said count shall be resumed after May 1. All silt fence or hay bale erosion controls must be maintained until turf is established. A citation shall be issued if turf is not established within the front yard, side yard(s), and rear yard as required by this subsection.
All other zoning districts may seed their lots when the village determines sod is not practical or desirable such as, but not limited to, campus area of schools, recreational playfields, open space, sites that are rough graded and areas that cannot be developed (such as those in a power line easement).
Seeding of future expansion areas as shown on approved plans.
Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials.
Areas designated as open space or future expansion areas properly planted and maintained with prairie grass.
Existing trees.
As a condition of subdivision approval or the issuance of grading or building permit, the village may require the applicant to replace any significant trees which are damaged or destroyed as a result of development or construction activities. Significant trees are defined as, a tree with a diameter of twelve (12) inches or more when measured at four (4) feet above ground level. Significant trees that are damaged or destroyed shall be replaced with a Coniferous tree at least six (6) feet high or a deciduous tree at least two and one-half (21/2) inches caliper.
Slopes and berms. Final slopes of greater than 3:1 will not be permitted without special treatment such as terracing or retaining walls. All berms must incorporate trees and plantings into the design. In no situation shall berms be used as the sole means of screening.
Landscape maintenance. The property owner shall be responsible for maintenance and replacement of trees, shrubs, grass, ground covers and sod which are part of the approved landscape plan. If any such plant materials are not maintained or replaced, the village may utilize Section 1-1-6, General penalty; continuing violations; other remedies; court costs to replace the newly planted or protected landscaping or to deem this to be a nuisance and proceed with abatement and recovery of cost upon notice in accordance with the provisions of Section 8-1-6, Grass and weeds exceeding eight (8) inches declared nuisance; inspection; abatement.
The owner is responsible for keeping trees in a plumb position. When staking or securing trees is done, it shall occur so as not to create any hazards or unsightly obstacles.
Plants must be maintained to be kept in sound, healthy and vigorous growing conditions and free of disease, insect eggs and larvae.
Landscape escrow. A landscape escrow shall be secured on all residential lots at the time the building permit is issued to assure completion of the landscaping requirements of this Section. Unless otherwise designated by resolution of the village Board of Trustees, the amount of the escrow shall be established by the building inspector or Village engineer and shall equal as closely as possible the cost to the village of having to hire a contractor to complete the landscaping and screening requirements required by this Section. The escrow amount shall be provided to the village in a form acceptable to the Village engineer or building inspector and may include, but is not limited to a bond, cash, or an irrevocable letter of credit. The escrow shall be released when the landscaping and screening requirements of this Section have been completed to the satisfaction of the village. If any portion of the landscaping and screening requirements are not completed, the village may cause such landscaping and screening to be completed and draw upon the landscaping escrow deposit for the cost of completion. The owner of the property or lot shall be given notice by certified mail that the Village plans to proceed with completion of the landscaping improvements at least ten (10) days prior to the commencement of work. The village, its employees, agents or contractors shall have the right to go upon the property to complete the landscaping improvements without permission of the owner of the property or lot, and shall not be liable for trespass.
§ 13-1-24 Regulation of sexually oriented business uses.
Sexually oriented businesses shall not be permitted in any residential district.
The sexually oriented business may not be operated within (whether the following are located in or outside of the Village):
Five hundred (500) feet of a church, chapel, synagogue, or regular place of religious worship;
Five hundred (500) feet of a school; public or private preschool, elementary, middle or high school; or youth recreational center, or library;
Five hundred (500) feet of a licensed daycare center, clinic or hospital;
Five hundred (500) feet of a public park;
Five hundred feet (500) of any residential district; R-1, One Family Residential District; R-2, Two-Family Residential District and RM-1, RM-2, RM-3, RM-4 Multiple Family Residential Districts; R-T, Transitional Two-Family Residential District and AR, Agricultural Residential District.
Five hundred (500) feet of any licensed bar or tavern;
Five hundred (500) feet of another sexually oriented business.
A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business.
For the purpose of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line or boundary of a property listed in Subsection (b) above.