Tigerton Village City Zoning Code
ARTICLE II
General Regulations
§ 585-5 General provisions.
A.
Jurisdiction. The provisions of this code shall apply to the land, water, air and all structures both above and below ground within the Village of Tigerton, Shawano County, Wisconsin.
B.
Compliance. No structure, land, water or air shall hereafter be used without full compliance with the provisions of this chapter and all applicable local, county and state regulations. No structure (with the exception of certain minor structures) or part thereof shall hereafter be located, erected, moved, reconstructed or altered and no substantial land use change made without a zoning or conditional use permit. The Zoning Administrator shall accept applications, issue or deny all permits, investigate all complaints, give notice of violations and enforce the provisions of this chapter. The Zoning Administrator shall have 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 identification, he shall procure a special inspection warrant in accordance with Wis. Stats. § 66.0119 except in case of emergency. No permit or approval pursuant to this chapter shall be issued where the applicant is in violation of this or any ordinance administered by the Village of Tigerton nor for any parcel(s) of land which have an outstanding violation until the violation has been corrected.
C.
Exemptions.
(1)
The following uses are exempt from the terms of this chapter and permitted in any zoning district: poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar distribution equipment for telephone or other communications and electric power, gas, water and sewer lines, except as otherwise provided herein including §§ 585-15 and 585-16 of this code.
(2)
Transmission equipment shall be discouraged in residential districts. Transmission equipment shall likewise be discouraged from bisecting agricultural parcels. Transmission equipment shall be located on or in close proximity to property lines and shall follow existing easements and/or rights-of-way.
(3)
In the event that either distribution equipment or transmission equipment needs to be relocated in the public interest, it shall be relocated at the sole expense of the utility company.
D.
Use regulations.
(1)
Uses restricted. In any district no building or land shall be used and hereafter no building shall be erected, structurally altered or relocated except for one or more of the uses stated in this chapter for that district.
(2)
Temporary uses. Uses such as real estate sales field office or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Zoning Administrator upon issuance of a zoning permit.
(3)
Unclassified uses. In case of a question as to the classification of a use, the question shall be submitted to the Village Board for determination. Uses already classified in any district are not eligible for a determination.
E.
Nonconforming structures and uses.
(1)
Preexisting structures - dimensional nonconformance. Structures erected prior to the effective date of this chapter or amendment thereto which are conforming to this chapter as to use but do not conform to dimensional rules (setbacks, height, yard spaces, separation, etc.) and which are proposed to be altered are subject to the following requirements:
(a)
Repair, maintenance, renovation or remodeling of a nonconforming structure erected to the effective date of this chapter shall be permitted.
(b)
Alterations, additions and expansions which change the exterior dimensions of the structure and conform to the dimensional rules of this chapter and other applicable regulations shall be permitted.
(c)
Alterations, additions and expansions which change the exterior dimensions of the structure and which do not conform to this chapter but which do not increase the dimensional nonconformity beyond what currently exists may be allowed provided that the improvements do not exceed 50% of the floor area of the existing structure on all levels over the life of the structure.
(d)
No alterations, additions or expansions may occur which will increase the dimensional nonconformity.
(2)
Preexisting uses and structures - use nonconformance. Land uses or uses of structures which were established prior to the effective date of this chapter or amendment thereto which are nonconforming as to use may be continued provided that:
(a)
Any nonconforming use of a building or premises may be continued but such nonconforming use shall not be extended.
(b)
If a nonconforming use is discontinued for a period of 12 months, any future use of the property shall be in conformity with this chapter.
(c)
Nonconforming uses shall be subject to the provisions of Subsection E(1). as to any dimensional nonconformity and Subsection E.
(3)
Preexisting structures and uses - other standards and requirements.
(a)
Except as provided in Subsection G(4) below, when a structure which is nonconforming as to dimensional standards or a structure containing a nonconforming use is demolished, removed or damaged to the extent of more than 50% of its current equalized assessed value, it shall not be restored except as a conforming use and at a conforming location.
(b)
The size and shape of a lot shall not be altered so as to increase the degree of nonconformity of a structure or use.
F.
Existing conditional uses. All lawfully previously permitted uses existing on the effective date of this chapter which would be classified as a conditional use in the particular zoning district concerned if they were to be established after the effective date of this chapter are hereby declared to be conforming conditional uses to the extent of the existing operation only.
G.
Restoration of certain nonconforming structures. As required by Wis. Stats. § 62.23(7)(hc), if a landowner can establish that a nonconforming structure has been destroyed or damaged by violent wind, fire, flood, vandalism, ice, snow, mold or infestation, the structure may be reconstructed or repaired to the size, location and use it had immediately before the damage occurred, subject to the following:
(1)
A structure that is destroyed or damaged due to a deliberate act by the landowner or by his or her agent or due to general deterioration or dilapidated condition may not be reconstructed or repaired except in conformance with the standards of this chapter.
(2)
Reconstruction or repairs are authorized under this section only to the extent that they are necessary to repair the specific damage caused by violent wind, fire, flood, vandalism, ice, snow, mold or infestation and only that portion of the nonconforming structure that has been destroyed may be reconstructed.
(3)
The landowner shall bear the burden of proof as to the size, location or use a destroyed or damaged nonconforming structure had immediately before the destruction or damage occurred.
(4)
If deemed necessary for compliance with state or federal requirements the size of the structure may be larger than the size immediately before the damage or destruction occurred. Documentation of such shall be in writing from an architect/engineer certifying that the increase in size is necessary to comply with state or federal requirements.
(5)
All structures reconstructed or repaired shall remain nonconforming structures.
(6)
Nothing herein shall require any change in the plans, construction size or designated use of any building or part thereof for which a zoning permit has been issued before the effective date of this chapter and the construction of which shall have been started within six months from the date of such permit.
H.
Control over site.
(1)
Street frontage. To be buildable, a lot shall comply with the frontage requirements of the zoning district in which it is located.
(2)
Principal structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot. Where additional structures are permitted, additional yard requirements, landscaping requirements or parking requirements, or a minimum separation distance between principal structures, may be required.
(3)
Dedicated street. Building permits shall only be issued for a lot which abuts a public street dedicated to its proposed width. Exceptions may be made in the following circumstances:
(a)
A dedicated access easement is provided;
(b)
The lot is legally combined under common ownership with another lot that does abut a public street dedicated to its proposed width.
(4)
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. 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 not less than the average of the street yards required in both districts.
(5)
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 Building Inspector or Zoning Administrator, 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.
(6)
Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.
(7)
New methods and materials. All materials, methods of construction and devices designed for use in buildings or structures covered by this chapter and not specifically mentioned in or permitted by this chapter shall not be so used until approved in writing by the Wisconsin Department of Safety and Professional Services. Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the Wisconsin Department of Safety and Professional Services. The date, tests and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the Wisconsin Department of Safety and Professional Services.
I.
Area regulations.
(1)
New structures. New structures shall conform with the bulk requirements established for the district in which each such structure is located.
(2)
Existing structures. Existing structures shall not be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or further conflict with the bulk regulations of this chapter for the district in which such structures are located, except under those conditions when conversion is permitted by this chapter.
(3)
Existing residential lot of record. A lot of record at the time of the adoption of this chapter, which lot is in a residential district and does not meet the requirements of this chapter as to area or width, may be used for a single-family detached dwelling, provided it shall meet all other applicable requirements of this chapter and the following additional requirements:
(a)
The applicant shall furnish with the application for a building permit a drawing to scale showing the lot upon which he proposes to erect a single-family detached dwelling and also showing the lots on either side of the said lot with all improvements thereon and widths of adjoining side yards and any projections of buildings or structures therein duly plotted on said drawing. The applicant shall, by affidavit, certify that he is not, and has not been at any time since the effective date of this chapter, the owner of any interest, direct or indirect, in a contiguous lot or lots.
(b)
The Zoning Administrator shall issue a permit for erecting a single-family detached dwelling on the subject lot upon compliance with all other applicable provisions of this chapter.
(4)
Height of structure.
(a)
No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the structure is located, except as provided below.
[1]
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.
[2]
Special structures, such as elevator penthouses, gas tanks, grain elevators, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, water storage towers or tanks, fire towers, substations, smokestacks and flagpoles are exempt from the height limitations of this chapter.
[3]
Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.
[4]
Broadcast towers shall not exceed in height three times their distance from the nearest lot line.
[5]
Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.
[6]
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
(b)
The grade from which structure height is measured shall be the existing or established grade at the building setback line midway between the side lot lines. Where the buildable area has a slope between any two corners, the grade from which the building height is measured shall be at the uphill building line midway between the side lot lines.
(5)
Lot division. No lot shall hereafter be divided into two or more lots for the purpose of transfer of ownership unless all lots resulting from each such division shall have lot areas and widths as required in this chapter.
(6)
Yards and open space.
(a)
All yards and open space required by this chapter shall be located on the same lot as the principal structure or use and shall not be less than the minimum specified for the district and the applicable schedule of bulk requirements.
(b)
No yard shall be less than the minimum specified in the applicable schedule of bulk requirements, except that side and rear yard setbacks may conform with existing conditions.
(c)
Except as may be otherwise provided for in § 585-19 of this chapter, no yard allocated to a building, structure or use existing on the effective date of this chapter shall be subsequently reduced so as to be less than the applicable yard requirements of this chapter. When a structure existing on the effective date of this chapter extends into a yard which adjoins a street, the setback line established by such structure may be extended, provided that, on a corner lot, no such extension is closer than 20 feet from the intersection of the right-of-way lines of the intersecting streets. 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.
(7)
Through lots. On through lots, both street right-of-way lines shall be front lot lines, and front yard setbacks shall apply. For purposes of siting accessory buildings and other yard obstructions, the requirements for rear yards may be applied to one front yard area, as determined by the Plan Commission, in each individual case.
(8)
Front yard setback. Where at least 40% of the lots fronting on a street within a block have established front yard building setbacks which are less than required by this chapter for the zoning district in which such lots are located, the minimum setback requirement for new development in such block shall be no less than the front yard depth of the lot which has the least degree of nonconformity. In cases where established front yard setbacks are less than required by this chapter, the minimum required setback shall be the average of the nearest adjacent nonconforming setbacks.
(9)
Screens and buffers.
(a)
Required screens and buffers. Where screens or buffers are required by this chapter or the Plan Commission to reduce the impact of proposed uses on adjacent properties, the following standards shall be followed. Buffer yards and screens may be required jointly or separately.
(b)
Buffer yards. Buffer yards are horizontal separations along lot lines that are intended to increase the physical separation between incompatible uses. The width of the required buffer yard shall be determined by the Plan Commission. The minimum width shall be 10 feet.
(c)
Screens. Screens are barriers located in a limited space of 10 feet or less, intended to perform a buffering effect, particularly for noise reduction or visual screening. Screens may consist of existing or planted vegetation, fences, walls, earth berms or similar techniques. Plant screens shall be sufficient to provide a year-round screen within three years of installation. Walls or earth berms shall be required where noise reduction is necessary. Screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six months.
J.
Control over corner-lot sight lines.
(1)
At all street intersections where there is no traffic light control, no obstruction of vision shall be erected, installed, planted, parked or otherwise placed on any lot between 2.5 feet and 10 feet above the grade of the sidewalk adjacent to such streets and within the vision clearance triangle as defined in § 585-17 of this chapter.
(2)
Allowable installations within the vision clearance triangle are: utility and streetlight poles when no safer alternative is available; trees with growth characteristics which develop no significant foliage which will obstruct view in the vision clearance area; official signs and signals; signs in accordance with § 585-18; and on-street parking when traffic controls exist which permit decreased sight lines.
K.
Mobile homes, trailers, boats, snowmobiles, etc.
(1)
Except as otherwise set forth in this section, mobile homes, travel trailers, recreational vehicles or camping trailers shall not be occupied for dwelling purposes except in a lawfully established mobile home park. No more than one camping trailer, travel trailer or motor home may be parked or stored in the open on a lot in a residential district and then only at the side or rear of the principal building.
(2)
Trailers shall not be permanently affixed to the ground as a principal or accessory structure on a lot in any district, except a business trailer meeting the requirements of the Building Code may be permitted by a conditional use.
(3)
Temporary parking and use.
(a)
Temporary parking and use of a mobile home or trailer shall be permitted when a temporary permit has been issued by the Zoning Administrator for the following purposes:
[1]
Use for temporary lodging on a lot containing a dwelling, provided such mobile home is not parked or used thereon for more than four days in any consecutive thirty-day period.
[2]
Use as an interim dwelling during construction of a permanent residence or in the event a permanent residence has been damaged or destroyed.
[3]
No public sewer and water system facilities shall be allowed to be utilized.
(b)
Any temporary permit issued under the provisions of this section shall expire in three months from the date of issuance but may be extended for up to three additional months, for cause, by the Building Inspector.
(c)
The request for extension must be made in writing and state the causes that require an extension. The Zoning Administrator approval of the extension must also be made in writing.
(4)
Tents shall not be erected, used or maintained on any lot, except such small tents as are customarily used for recreation purposes and are located on the same lot as a dwelling. The Village shall be notified in the event that a tent is erected, maintained or used for religious, amusement and recreation, business or manufacturing purposes for a period exceeding one week.
(5)
Boats, snowmobiles, cargo trailers, recreation vehicles and similar vehicles may be parked or stored in the open when customary in the operation of a lawfully established principal use, and one such vehicle may be stored or parked on a residential lot, provided that it is not located in any required front yard and no major repair, disassembly or rebuilding operations are conducted thereon.
(6)
Semitrucks, semitrailers and school buses shall not be permitted to be parked on any public street and/or property from the hours of 8:00 p.m. and 8:00 a.m. All semitrucks, semitrailers and school buses shall be parked in a public parking facility specified by the Village. Any semitruck or trailer parked on private property must not be running.
(7)
No more than one vehicle at a time may be offered for sale by owner. Such vehicle may not be parked in any required front yard while advertised for sale.
L.
Sewerage and water systems.
(1)
Each use hereafter established within the Village which requires sewer and water facilities shall be served by public or community sewerage and water systems.
(2)
Each use hereafter established on lots in areas that are not served with public sewer and/or water systems may be served with individual sewage disposal systems and/or private wells, provided that the Village Board shall find, after receiving recommendations of the Plan Commission, that it is impracticable or unnecessary to require public sewerage and/or water systems or install community systems to serve the area.
(3)
Installation of individual sewage disposal systems and private wells or community sewer and water systems shall be in accordance with standards and specifications set forth in applicable laws of the Village, county and state, except that in no case shall leaching beds be located in a required side yard.
M.
Floodplain requirements. All use of floodplain land shall be in accordance with Chapter 548, Floodplain Zoning, of the Tigerton Municipal Code.
N.
Exemption for public utilities. The following public utility installations are permitted in any district: poles, towers, wires, cables, conduits, underground vaults, laterals, pipes, mains, valves or any other similar distributing installations. However, such installations shall conform with applicable federal, state, county and Village laws.
O.
In the business and industrial districts, public utility for transmission of local services shall be placed underground whenever feasible or, when not so placed, shall be located along rear lot lines or in a manner which will cause the minimum adverse visual impact on the Village's streetscape. Approval of the siting of such utility lines shall be given by the Plan Commission.
§ 585-6 Zoning districts and district map.
A.
Establishment of districts. For the purpose of this chapter, present and future, provision is hereby made for the division of the Village of Tigerton into the following basic zoning districts:
S | Shoreland District |
C | Conservancy District |
A-T | Agricultural Transition District |
R-1 | Residential District - Single-Family, Low- to Moderate-Density |
R-2 | Residential District - Single-Family, High-Density |
R-3 | Residential District - Multiple-Family |
B-1 | Business District - General |
B-2 | Business District - Highway |
I-1 | Industrial District |
I-2 | Industrial District |
MMH | Manufactured and Mobile Home District |
PUD | Planned Unit Development District |
G | Governmental District |
B.
Annexed land.
(1)
Any addition to the incorporated area of the Village by annexation or other means shall temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in this code.
(2)
The Shawano County Shoreland Zoning provisions in effect on the date of annexation remain in effect but shall be administered by the Village for all areas annexed by the Village after the adoption of this chapter. These annexed lands are described on the Village's official annexation records. The Shawano County Shoreland Zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the Village Clerk/Treasurer.
C.
Vacation of streets. Unless otherwise specified in the vacation action, vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
D.
Zoning Map.
(1)
The Village of Tigerton is hereby divided into zoning districts as shown upon a map designated as the Official Zoning Map of the Village of Tigerton, adopted and made a part of this chapter. The Official Zoning Map and all the notations, references and other information shown thereon are a part of this chapter and shall have the same force and effect as if the matters and information set forth by said map were fully described herein. The Official Zoning Map shall be properly attested and kept on file along with the text of the Official Zoning Regulations in the office of the Village Clerk/Treasurer.
(2)
The district boundaries shall be determined by measurement from and as shown on the Official Zoning Map, and in case of any question as to the interpretation of such boundary lines, the Plan Commission shall interpret the map according to the reasonable intent of this chapter. Unless otherwise specifically indicated or dimensioned on the Map, the district boundaries are normally lot lines; section, quarter-section or sixteenth-section lines; or the center lines of streets, highways, railways or alleys.
E.
Rules for interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the 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 lot lines.
(3)
Boundaries indicated as approximately following Village boundaries shall be construed as following municipal boundaries.
(4)
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(5)
Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.
(6)
Boundaries indicated as parallel to, or extension of, features indicated in the preceding shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the Map.
F.
Lot in two or more districts. Where a district boundary line divides a lot in single ownership, the district regulations of either portion of the lot may, at the owner's discretion, extend into the other district after review and approval by the Plan Commission.