Theresa City Zoning Code
ARTICLE II
General Provisions
§ 350-8 Jurisdiction; compliance required; general requirements.
A.
Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the Village of Theresa.
B.
Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
C.
District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.
D.
Yard reduction or joint use.
(1)
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.
(2)
No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.
E.
One main building per lot. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot, and in no case shall there be more than one main building on one lot.
F.
Lots abutting more restrictive district. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.
§ 350-9 Use regulations.
Only the following uses and their essential services may be allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses, specified for a district.
B.
Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.
C.
Conditional uses.
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board in accordance with Article V of this chapter, excepting those existent at time of adoption of this chapter.
(2)
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 chapter require no action by the Village Board for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.
(3)
Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(4)
A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case, the reestablishment of any previous conditional use(s), or establishment of a new conditional use(s), shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(5)
Limited conditional uses authorized by Village Board resolution 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.
D.
Uses not specified.
(1)
Uses not specified in this chapter which are found by the Village Board to be sufficiently similar to specified permitted uses for a district shall be allowed by the Zoning Administrator.
(2)
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 after consideration and recommendation by the Village Board, public hearing and approval in accordance with Article V of this chapter.
§ 350-10 Site regulations.
A.
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 of 40 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.
B.
Principal structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot. The Village Board may permit as a conditional use more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Village Board may impose additional yard requirements, landscaping requirements or parking requirements or require a minimum separation distance between principal structures.
C.
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.
D.
Lots abutting more restrictive districts. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E.
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 subsection, 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 so desires. Thereafter, the Village Board may affirm, modify or withdraw its determination of unsuitability.
F.
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 1 1/2 horizontal to one vertical, within a distance of 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, 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.
G.
Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.
H.
Corner side yards. The required side yard on the street side of corner lots shall be at least 50% greater than the minimum specified for the district.
§ 350-11 Modifications and exceptions.
A.
Height. The regulations contained herein relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:
(1)
Churches, schools, hospitals, sanitoriums and other public and quasi-public buildings may be erected to a height not exceeding 60 feet nor five stories, provided that the front, side and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.
(2)
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless, television or broadcasting towers, masts or aerials, microwave radio relay structures, telephone, telegraph and power poles and lines and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter and may be erected in accordance with other regulations or codes of the Village.
(3)
Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 36 inches.
(4)
Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet and into a required court not more than 3 1/2 feet, provided that they are so located as not to obstruct light and ventilation.
B.
Additions. Additions in the street yards of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.
C.
Average street yards. The required street yards may be decreased or increased to an average of the existing street yards of the abutting structures on each side in accordance with § 350-12.[1]
[1]
Editor's Note: Original § 13-1-14, Reduction or joint use, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 350-8D.
§ 350-12 Dimensions of building sites.
A.
Minimum area and width. Except as otherwise specifically required or permitted, the minimum lot area shall be 12,000 square feet, excluding the road right-of-way, and a minimum lot width of 80 feet at the building setback line and at the water's edge.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B.
Side yards. There shall be a side yard for each main building, except as otherwise noted. The minimum width of one side yard shall be eight feet. The minimum aggregate width of both sides shall be 20 feet.
C.
Street setbacks.
(1)
Setback restrictions. No new building or other new structure or part thereof shall be placed between the setback lines established by this chapter and the street except as provided by this chapter, and no building or structure or part thereof existing within such setback lines on the original effective date of this chapter shall be altered, enlarged, or added to in any way that increases or prolongs the permanency thereof, or be reconstructed in its original existing location after having been destroyed by fire, storm or other catastrophe to the extent of 50% or more of its last assessed value.
(2)
Plantings. This Subsection C shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees; provided, however, that no building or structure, trees or shrubbery shall be located, maintained or permitted to grow so that the sight distance across the intersection is obstructed.
(3)
Exceptions. The following kinds of structures may be placed between the setback line and the street right-of-way:
(a)
Open fences.
(b)
Telephone, telegraph and power transmission poles and lines and microwave radio relay structures.
(c)
Underground structures not capable of being used as foundations for future prohibited aboveground structures.
(d)
Access or service roads constructed according to plans as approved by the Village Board. In giving such approval the Village Board shall give due consideration to traffic safety and maximum sight distances.
(4)
Setback conflicts. In cases where the provisions of this chapter may be interpreted to provide for different setback distances, the greater setback distance shall prevail.
D.
Front yard or street setback. Except as otherwise permitted, there shall be a front yard of not less than 25 feet from the right-of-way line (see definition of "street yard" in § 350-110), except that where a lot is located between two lots, each of which has a principal building located thereon, the front yard requirement on such lot shall not be less than the average front yard established by the existing buildings. Where a lot adjoins only one lot having a principal building located thereon, the front yard requirement shall not be less than the average setback between said existing building and the twenty-five-foot setback prescribed herein. However, in no case shall a setback of more than 50 feet be required. Corner lots shall maintain the required street setback along both street frontages.
E.
Rear yard. There shall be a rear yard for each main building of not less than 25 feet in depth, unless otherwise permitted.
F.
Accessory buildings and structures. Any accessory building or structure shall be located in the rear yard of the lot.
G.
Shore setback. Every structure, except those allowed in the CO Conservancy District, shall be at least 75 feet from a navigable body of water, unless constructed in accordance with Subsection H(4) below.
H.
Building setbacks from the water. For lots that abut on navigable waters:
(1)
There shall be setbacks from both the street and the water.
(2)
All buildings and structures, except piers, wharves and boathouses, shall be set back at least 75 feet from all points along the normal high-water line and two feet above the one-hundred-year flood elevation unless otherwise specified by this chapter.
(3)
The Zoning Administrator shall determine the normal high-water elevation or line where not established.
[Amended 8-1-2005 by Ord. No. 1-10]
(4)
A setback from water less than the setback required may be permitted where there are at least five existing main buildings within 500 feet of the proposed site that are built to less than the required setback. In such cases the setback shall be the average of the nearest main buildings on each side of the proposed site or, if there is no building on one side, the average of the setback from the main building on one side and the required setback. In no case shall the required setback be reduced to less than 25 feet.
I.
Special geographic area. For the purposes of this chapter, the following shall be considered a special geographic area within the Village of Theresa:
[Added 9-11-2006]
Name of Street | Location | Side | |
|---|---|---|---|
Church Street | Rock River Street to southern terminus | Both | |
Rock River Street | Wisconsin Street to Mill Street | Both | |
Menomonee Street | Rock River Street to Milwaukee Street | Both | |
Bonduel Street | Wisconsin Street to eastern terminus | Both | |
Henni Street | Wisconsin Street to Menomonee Street | Both | |
Mill Street | Rock River Street to Henni Street | Both | |
Wisconsin Street | Rock River Street to southern terminus | East | |
Milwaukee Street | Menomonee Street to the river | Both | |
Mayville Street | Milwaukee Street to Willow Street | South |
J.
The following exceptions to this chapter pertain solely to the special geographic area designated above:
[Added 9-11-2006]
(1)
Minimum area and width. Unless otherwise specifically required or permitted, the minimum lot area shall be 10,000 square feet, excluding the road right-of-way, and a minimum lot width of 60 feet at the building setback line and at the water's edge.
(2)
For a building or structure destroyed by fire, storm or other catastrophe to the extent 50% or more of its last assessed value:
(a)
The existing lot size and setback will be acceptable for rebuilding on the existing foundational footprint.
(b)
Side yards: requirements waived if building or structure is rebuilt on the existing foundational footprint.
(c)
Setback restrictions: requirements waived if building or structure is rebuilt on the existing foundational footprint.
(3)
On an existing lot, for new construction of a building or structure not due to fire, storm or other catastrophe, only the following exceptions apply:
(a)
The existing lot size will be acceptable.
(b)
Side yards. Side yards shall be a minimum of 75% of existing ordinance or equivalent to previous side yard, whichever is greater.
(c)
Front yard or street setback. There shall be a front yard of no less than 15 feet from the right-of-way line. Other "averaging" exceptions from Subsection D shall not apply.
(4)
Merged lots. Only the following exceptions apply:
(a)
Minimum area and width shall be as noted in Subsection J(1) above.
(b)
Front yard or street setback. There shall be a front yard of no less than 15 feet from the right-of-way line. Other "averaging" exceptions from Subsection D shall not apply.
(5)
Notwithstanding Subsection J(4), under no circumstance will any front or side lot setback be less upon rebuild, reconstruction, or construction than the current setback.
K.
None of the exceptions in Subsection J (above) shall supersede floodplain zoning rules, as they existed on the original effective date of this chapter.
[Added 9-11-2006]
§ 350-13 Filling, draining or dredging in Conservancy District.
A.
The applicant shall submit the following information with the application for a permit to the Zoning Administrator:
(1)
Plans for the proposed project showing and including the following information:
(a)
A description of the general and specific nature and extent of the project.
(b)
A scaled, accurate map of the area of the project showing contours, if appropriate, soil types, high-water marks, nature of vegetative cover and specification of the location and extent of proposed filling, dredging and/or drainage.
(2)
An impact study which includes an assessment of the impact of the project on:
(a)
Wildlife on the site as well as in the general area;
(b)
Erosion, sedimentation, siltation, drainage and water quality on the site as well as in the general area;
(c)
Flood storage and water retention capacity;
(d)
Vegetation;
(e)
Scientific, educational and historic values on the site and/or in the area; and
(f)
A thorough statement of the need and justification to drain, fill and/or dredge the wetland in questionable situations.
B.
A copy of all submitted information shall immediately be sent to the local office of the Wisconsin Department of Natural Resources along with a request for comment. The Village Board shall await the Department of Natural Resources' reply for up to 30 days before making a decision.
§ 350-14 Regulated uses.
A.
Purpose. It is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operations characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. Uses subject to these controls are as follows:
(1)
Adult bookstores.
(2)
Adult motion-picture theaters.
(3)
Adult mini motion-picture theaters.
(4)
Cabarets (license required per Chapter 238, § 238-5).
B.
Location. None of the preceding uses may be established within 50 feet of any residential area, residential dwelling or rooming unit, except as provided in Subsection E. Furthermore, said uses shall not be established within 1,000 feet of another, except as provided in § 238-9 and/or Subsection E.
C.
Purpose and intent. It is declared to be the purpose and intent of this section to protect the public health, safety, welfare and morals of the community, to promote the stability of property values, and to impose restrictions upon those activities which pander to gross sexuality in a manner that would detract from the neighborhood, adversely affect the property values, increase crime and violence, and be repugnant to the morals of the community. In recognition of the protection afforded to citizens under the First and Fourteenth Amendments, it is not the intent of this section to inhibit freedom of speech or the press.
D.
Definitions. For the purpose of this section, the following terms shall have the meaning indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MINI MOTION-PICTURE THEATER
Any structure with a capacity of fewer than 50 persons used for presenting materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
Any structure with a capacity of 50 or more persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
CABARET
An establishment which features or permits topless dancers, bottomless dancers, strippers or persons engaged in specified sexual activities or similar entertainers.
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely covered:
(a)
Human genitals or public region;
(b)
Buttock; and
(c)
Female breast below a point immediately above the top of the areola; and
(2)
Human genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human genitals in a state of sexual stimulation or arousal.
(2)
Acts of human masturbation, sexual intercourse or sodomy.
(3)
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
E.
Waiver of fifty-foot and one-thousand-foot limitations. The Village Board may waive the fifty-foot and one-thousand-foot requirements described in Subsection B. A request for a waiver shall be submitted in writing to the Village Clerk-Treasurer. No waiver shall be granted unless it is found that the proposed use will not be contrary to the public interest or injurious to nearby properties and also that the spirit and intent of this section will be observed.
F.
Severability. This section shall be liberally construed to accomplish its intended purposes. If a court of competent jurisdiction determines that any subsection or provision is invalid or illegal, the court is authorized to substitute reasonable language in order to preserve the intended purposes of this section. All rights are reserved by the Village.