This chapter shall be known as, referred to and cited as the Zoning Ordinance, Village of Waunakee, Wisconsin, and may be referred to as the "code" or "ordinance" or "chapter."

(Code 1998, § 106-2; Ord. No. 97-11, § 13-1-2, 11-3-1997)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting means having a common property line or district line.

Accessory use orstructure means a use or detached structure subordinate to the principal use of a structure, parcel of land, or water and located on the same lot or parcel serving a purpose incidental to the principal use or the principal structure.

Acre, net, means the actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.

Alley means a public way not more than 21 feet wide that affords only a secondary means of access to abutting property.

Apartment means a room or suite of rooms in a multiple-family structure that is arranged, designed, used, or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

Apartment, efficiency. See Dwelling, efficiency.

Apartment, one-bedroom, means an apartment with either a single room that serves as a combined living sleeping area, commonly referred to as an efficiency or studio apartment, a single room with a sleeping loft, or an apartment with a single separate bedroom.

Arterial street means a public street or highway used or intended to be used primarily for a large volume of traffic or heavy through traffic. Arterial streets shall include freeways and expressways as well as arterial streets, highways, and parkways.

Basement means that portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for year-round living accommodations.

Bedroom means a room in an apartment or single-family house intended for sleeping and having a door that would enable the room to serve as a private quarters.

Block means a tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.

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

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.

Building, detached, means a building surrounded by open space on the same lot.

Building, height of, means the vertical distance from the average finished grade at the building line facing the street, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a gambrel, hip, or pitch roof.

Building, principal, means a building in which the principal use of the lot on which it is located is conducted.

Building setback line means a line parallel to the lot line at a distance parallel to it, regulated by the yard requirements set up in this chapter.

Business means an occupation, employment or enterprise that occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.

Channel means those floodlands normally occupied by a stream of water under average annual high water flow conditions while confined within generally well-established banks.

Communication facilities means transmitting towers, receiving towers, cellular tower facilities, relay facilities and microwave stations.

Community living arrangement means the following facilities licensed or operated or permitted under the authority of state law: child welfare agencies, group foster homes for children, and community-based residential facilities, but the term "community living arrangement" does not include day care centers, nursing homes, general hospitals, special hospitals, prisons, and jails. The establishment of a community living arrangement shall be in conformance with applicable sections of the state statutes and applicable Wisconsin Administrative Codes.

Conditional uses means uses of a special nature as to make impractical their predetermination as a principal use in a district.

Controlled access arterial street means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with an arterial street is fully or partially controlled by public authority.

Conservation standards means guidelines and specifications for soil and water conservation practices and management enumerated in the technical guide, prepared by the USDA Soil Conservation Service for Dane County, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities, from which the landowner selects that alternative which best meets the landowner's needs in developing the landowner's soil and water conservation.

Corner lot means a parcel of property abutting on two or more streets at their intersection, providing that the interior angle of such intersection is less than 135 degrees. On corner lots, the setback shall be measured from the street line on which the lot fronts. The setback from the side street shall be equal to 75 percent of the setback required on residences fronting on the side street, but the side yard setback shall in no case restrict the buildable width to less than 30 feet. Corner lots shall meet front yard setback requirements for all street sides.

Dependency living arrangement means a living arrangement which permits a person with a physical or mental disability to live in a temporary separate living area within a dwelling unit or permits a relative or paid attendant of a person with such a disability to live in a temporary separate living area within a dwelling unit. Such living area may include a separate bath and separate kitchen which permit a degree of independence. Ingress and egress for such a living area shall be from within the principal dwelling unit.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, construction of or additions or substantial improvements to buildings, other structures, or accessory uses; mining, dredging, filling, grading, paving, excavation or drilling operations; or disposition of materials.

District, basic, means a part of the village for which the regulations of this chapter governing the use and location of land and building are uniform.

District, overlay, means overlay districts, also referred to in this chapter as regulatory areas, which provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. For conflicting requirements, the more strict of the conflicting requirements shall apply.

Duplex condominium means a condominium development consisting of a commonly owned lot and a building with two separately owned dwelling units.

Dwelling means a building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodginghouses, motels, hotels, tents, cabins, or recreational vehicles.

Dwelling, efficiency, means a dwelling unit consisting of one principal room with no separate sleeping rooms.

Dwelling, multifamily, means a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling, single-family, means a detached building or manufactured home designed for or occupied by one family.

Dwelling, two-family, means a detached building containing two separate dwelling or living units, designed for occupancy by not more than two families.

Dwelling unit means a group of rooms constituting all or part of a dwelling that is arranged, designed, used, or intended for use exclusively as living quarters for one family.

Elderly housing means retirement communities or similar types of housing reserved for households composed of one or more persons 62 years of age or older or an age recognized as elderly by a specific federal housing assistance program.

Essential services means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas; electrical; steam; water; sanitary sewerage; stormwater drainage; and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.

Fall zone means the area over which a commercial structure as defined in section 133-12(l) is designed to collapse.

Family means the body of persons who live together in one dwelling unit as a single housekeeping entity.

Farming, general, means floriculture; forest and game management; orchards; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; and vegetable farming. General farming includes the operating of such an area for one or more of the uses listed in this definition with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

Farmstead means a single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.

Floor area, business and manufacturing buildings, means the sum of the gross horizontal areas of the floors of the building. This area shall include elevators and stairways; accessory storage areas located within selling or working space occupied by counters, racks or closets; and any basement floor area devoted to retailing activities, to the production, processing, or storage of goods, or to business or professional offices.

Foster family home means the primary domicile of a foster parent that has four or fewer foster children and is licensed under Wis. Stats. § 48.62.

Front yard. See Yard, front.

Frontage means all the property butting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.

Garage, private, means a detached accessory building or portion of the principal building, designed, arranged, used, or intended to be used for storage of automobiles of the occupant of the premises.

Garage, public, means any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing, or public parking of motor vehicles.

Green area means nonimpervious surface covered with grass or other landscape materials and maintained as open space.

Group foster home means any facility operated by a person required to be licensed by the state under Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.

Home occupation means any occupation for gain or support conducted entirely within buildings, which is customarily incidental to the principal use of the premises.

Hotel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. The term "junk" includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood, and lumber.

Junkyard means any area, lot, land, parcel, building or structure or part thereof used for the storage, collecting, processing, purchase, sale, or abandonment of wastewater, rags, scrap metal or other scrap or discarded goods, materials, machinery, or two or more unregistered, inoperable motor vehicles or other type of junk.

Loading area means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lodginghouse means a building where lodging only is provided for compensation for not more than three persons not members of the family.

Lot means a parcel of land having frontage on a public street, or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, and other open space provisions of this chapter as pertaining to the district wherein located.

Lot coverage (except residential) means the area of a lot occupied by the principal building and accessory buildings, including any driveways, parking areas, loading areas, storage areas, and walkways.

Lot coverage (residential) means the area of a lot occupied by the principal building and accessory building.

Lot, interior, means a lot situated on a single street and bounded by adjacent lots along each of its other lines and that is not a corner lot.

Lot line means a property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the abutting street or alley right-of-way line.

Lot line, front, means the front lot line in the case of a lot abutting upon only one street, shall mean the line separating such lot from such street. In the case of a corner lot, the owner shall, for the purpose of this ordinance, have the privilege of electing either street lot line as the front lot line, providing that such choice, in the opinion of the zoning administrator, will not be injurious to the existing, or to the desirable future development of the adjacent properties.

Lot line, rear, means that lot line which is opposite and most distant from the front lot line. In the case of an irregular or triangular-shaped lot, a line ten feet in length entirely within the lot, parallel to and most distant from the front lot line shall be considered to be the rear lot line for the purpose of determining depth or rear yard. In cases where none of these definitions is applicable, the zoning administrator shall designate the rear lot line.

Lot line, side, means any lot line not a front lot line or a rear lot line.

Lot lines and area means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot, substandard, means a parcel of land held in separate ownership having frontage on a public street or other approved means of access, occupied or intended to be occupied by a principal building or structure, together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas, or other open space provisions of this chapter as pertaining to the district wherein located.

Lot, through, means a lot having a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

Lot width means the horizontal distance between the side lot lines measured at the building setback line.

Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards (HUD code). Manufactured homes that meet the federal laws and have certification of compliance with federal standards shall be treated in this chapter as single-family homes.

Minor structures means any small movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under four feet in height.

Mobile home means a transportable structure, being eight feet or more in width, not including the overhang of the roof, built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities. When such a transportable structure does not meet the definition of a manufactured home and is built in compliance with Federal Manufactured Housing Construction and Safety Standards (HUD code), such transportable structures shall be considered recreational vehicles or equipment and regulated accordingly.

Modular unit means a factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational, or industrial purposes.

Nonconforming lot means a legally platted lot that was existing on the effective date of this Code or amendments to this chapter and that is not in conformance with this chapter.

Nonconforming use means any structure, use of land, use of land and structure in combination or characteristic of use, such as yard requirement or lot size, which was existing on the effective date of this Code or amendments to this chapter and which is not in conformance with this chapter. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.

Nursing home means an establishment used as a dwelling place by the aged, infirm, chronically ill, or incurably afflicted, in which not less than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment, or care of the sick or injured.

Owner means the holder of record of an estate in possession in fee simple or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of the tenant's interest. The personal representative of at least one owner shall be considered the owner.

Parking lot means a structure or premises containing five or more parking spaces open to the public.

Parties in interest means all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.

Public airport means any airport that complies with the definition contained in Wis. Stats. § 114.013(3), or any airport that serves or offers to serve common carriers engaged in air transport.

Rear yard. See Yard, rear.

Retail means the sale of goods, wares, or merchandise directly to the ultimate consumer or persons without a resale license. For purposes of interpretation, retail businesses shall include businesses listed with a two-digit SIC classification of 53 through 59 in the most recent edition of the Standard Industrial Classification Manual published by the U.S. Office of Management and Budget.

Setback means the minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed 24 inches. Any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.

Side yard. See Yard, side.

Sign means any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known and that is used to advertise or promote an individual, firm, association, corporation, profession, business, commodity, or product and that is visible from any public street or highway.

Street means property other than an alley or private thoroughfare or travelway that is subject to public easement or right-of-way for use as a thoroughfare and that is 21 feet or more in width.

Street yard. See Yard, street.

Structural alterations means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.

Structure means anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

Temporary structure means a movable structure not designed for human occupancy or for the protection of goods or chattels and not forming an enclosure, such as billboards.

Use means the purpose or activity for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.

Use, accessory, means a subordinate building or use that is located on the same lot on which the principal building or use is situated and that is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.

Use, principal, means the main use of land or building as distinguished from subordinate or accessory use.

Utilities means public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards, and power plants.

Vision clearance means an unoccupied triangular space at the street corner of a corner lot that is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except by vegetation. The street and rear yards extend the full width of the lot.

Yard, front, means a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building, excluding uncovered steps. In the case of corner lots, both yards adjoining a public street right-of-way shall comply with minimum front yard and setback requirements. For purposes of determining which yards are rear and side yards the property owner shall designate, subject to zoning administrator approval, one of the street yards as the front yard.

Yard, rear, means a yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building.

Yard, side, means that part of the yard lying between the main building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.

Yard, street, means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing street or highway right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two street yards.

Zero lot line means the concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between such units.

Zoning permit means a permit issued by the zoning administrator to certify that the use of lands, structures, air, and waters subject to this chapter are or shall be in accordance with this chapter.

(Code 1998, § 106-18; Ord. No. 97-11, § 13-1-200, 11-3-1997; Ord. No. 05-06, §§ 1, 2, 6-20-2005; Ord. No. 07-02, §§ 10—13, 4-2-2007; Ord. of 1-2-2024(2), § 1)

This chapter is adopted under the authority granted by Wis. Stats. §§ 61.35 and 62.23(7), and amendments thereto.

(Code 1998, § 106-1; Ord. No. 97-11, § 13-1-1, 11-3-1997; Ord. No. 16-5, § 2(106-18), 5-2-2016)

The purpose of this chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the village.

(Code 1998, § 106-3; Ord. No. 97-11, § 13-1-3, 11-3-1997)

The general intent and purposes in view of this chapter are to regulate and restrict the use of all structures, lands and waters and to:

(1)

Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people;

(2)

Divide the village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;

(3)

Protect the character and the stability of the residential, business, manufacturing and other districts within the village and promote the orderly and beneficial development thereof;

(4)

Regulate lot coverage, the intensity of use of lot areas, and the size and location of all structures to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage;

(5)

Regulate population density and distribution to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements;

(6)

Regulate parking, loading and access to lessen congestion in and promote the safety and efficiency of streets and highways;

(7)

Secure safety from fire, panic, flooding, pollution, contamination and other dangers;

(8)

Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the village;

(9)

Preserve and protect the beauty of the village;

(10)

Prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

(11)

Provide for the elimination of nonconforming uses of land, buildings and structures that are adversely affecting the character and value of desirable development in each district;

(12)

Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters;

(13)

Further the maintenance of safe and healthful water conditions;

(14)

Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;

(15)

Provide for and protect a variety of suitable commercial and industrial sites;

(16)

Protect the traffic-carrying capacity of existing and proposed arterial streets and highways;

(17)

Implement municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the village;

(18)

Provide for the administration and enforcement of this chapter, and provide penalties for the violation of this chapter.

(Code 1998, § 106-4; Ord. No. 97-11, § 13-1-4, 11-3-1997)

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the restrictions of this chapter shall govern.

(Code 1998, § 106-5; Ord. No. 97-11, § 13-1-5, 11-3-1997)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be construed to be a limitation or repeal of any other power possessed by the village.

(Code 1998, § 106-6; Ord. No. 97-11, § 13-1-6, 11-3-1997)

(a)

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

(b)

The village does not guarantee, warrant or represent that only those areas designated as floodplains will be subject to periodic inundation and asserts that there is no liability on the part of the village, its agencies or employees for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter.

(Code 1998, § 106-7; Ord. No. 97-11, § 13-1-7(b), (c), 11-3-1997)

All other ordinances or parts of ordinances of the village inconsistent or conflicting with this chapter, to the extent of the inconsistency or conflict only, are repealed.

(Code 1998, § 106-8; Ord. No. 97-11, § 13-1-8, 11-3-1997)

(a)

Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the village.

(b)

Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall be permitted and no structure or part thereof shall be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with this chapter and all other applicable local, county and state regulations.

(c)

District regulations. Except as otherwise provided, the use and height of buildings erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established in this chapter for the district in which such building or land is located.

(Code 1998, § 106-9; Ord. No. 97-11, § 13-1-10, 11-3-1997)

Only the following uses and their essential services may be allowed in any zoning district:

(1)

Permitted uses. Permitted uses, being the principal uses, specified for a district.

(2)

Accessory uses. Accessory uses and structures are permitted only if the principal use or structure is present or under construction. The total gross square footage of accessory structures in residential districts shall not exceed 800 square feet. The plan commission may approve accessory structures larger than 800 square feet in residential districts as conditional uses in accordance with article V of this chapter. All accessory uses shall comply with section 133-1132.

(3)

Conditional uses.

a.

Conditional uses as special uses. Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the plan commission in accordance with article V of this chapter, except those existent at time of adoption of the Zoning Ordinance;

b.

Existing conditional uses. Those existing uses that are classified as "conditional uses" for the district in which they are located at the time of adoption of the ordinance from which this chapter derives require no action by the plan commission for them to continue as valid conditional uses;

c.

Changes from permitted uses to conditional uses. A proposed change from a permitted use in a district to a conditional use shall require review, public hearing and approval by the plan commission in accordance with article V of this chapter;

d.

Termination of conditional uses. Conditional uses, when replaced by permitted uses, shall terminate. In such cases, the reestablishment of any previous conditional uses or establishment of new conditional uses shall require review, public hearing and approval by the plan commission in accordance with article V of this chapter;

e.

Change of ownership of conditional uses. Conditional uses, either allowed by action of the plan commission or existent at time of adoption of this ordinance, shall be nonlapsing and shall survive vacancies of less than 12 months and change of ownership, providing the use remains unchanged. Change of use shall require either compliance with the district zoning or issuance of a new conditional use permit in accordance with article V of this chapter.

(4)

Uses not specified.

a.

Uses not specified in this chapter that are found by the plan commission to be sufficiently similar to specified permitted uses for a district shall be allowed by the zoning administrator.

b.

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 plan commission after public hearing and approval in accordance with article V of this chapter.

(5)

Duplex condominiums. Duplex condominiums, as defined in this chapter, are permitted in any district that allows two-family residences, provided that all duplex condominiums meet the requirements of chapter 129 of this Code and Wis. Stats. ch. 703.

(Code 1998, § 106-10; Ord. No. 97-11, § 13-1-11, 11-3-1997; Ord. No. 98-15, § 1, 11-2-1998; Ord. No. 99-12, § 1, 7-19-1999)

(a)

Street frontage. To be buildable, a 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 plan commission 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 or when a condominium or planned unit development is planned. Where additional structures are permitted, the plan commission may impose additional yard requirements, landscaping requirements or parking requirements or may require a minimum separation distance between principal structures.

(c)

Dedicated street. Zoning permits shall only be issued for a lot that abuts a public street dedicated to its proposed width, except within planned unit developments or condominium projects where private streets are specifically permitted.

(d)

Lots abutting more restrictive districts.

(1)

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 no less than the average of the street yards required in each district.

(2)

Lots abutting or directly across a public street or alley right-of-way from a zoning district that has more restrictive building height regulations are subject to the following:

a.

Except as provided in subsection b., the maximum height of the building located in the less restrictive zoning district shall be no greater than the maximum height in the more restrictive district.

b.

The maximum height of the building located in the less restrictive district may equal the maximum height as allowed by right in the district so long as the portion of the building that exceeds the maximum height in the more restrictive district is stepped back at least one more foot from the primary building façade for each additional foot in height. The maximum height of the building located in the less restrictive district may not be increased by a conditional use permit process.

(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, upon the recommendation of the plan commission, because 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 plan commission, in applying 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 the applicant so desires. Thereafter, the plan commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the village board.

(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 that would result in increasing any portion of the slope to a ratio greater than 1½ 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 plan commission, or that 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. Retaining walls may be permitted on a site-specific basis as allowed by the director of public works.

(g)

Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.

(h)

Corner lots. With corner lots, both yards facing streets shall comply with front yard setback requirements.

(i)

Required side yards. Required side yards shall be measured from the building setback line.

(j)

Lots abutting public alleys. All principal and accessory buildings on lots abutting public alleys shall be setback at least five feet from the alley right-of-way line.

(k)

Utility easements. If not located in streets, all water mains, sanitary sewer mains, storm sewers, electric transmission lines, telephone lines, cable television lines, and other facilities for the transmission of electricity, information, electric signals, heat, power or light and other similar facilities shall be located only in easements along side or rear lot lines.

(1)

This subsection does not apply to a lateral or service line extending from the main or transmission line to serve only the lot on which it is located.

(2)

Exceptions to permit mains or transmission facilities in other parts of a yard may be permitted as a conditional use where locating them in the street or along side or rear lot lines is impractical.

(l)

Commercial structure fall zone. For purposes of this section 133-12(l), a "commercial structure" is a structure that is not a building, is an accessory structure on the property, and is greater than 25 feet in height. A commercial structure shall be located not closer to a property boundary than a distance equal to its height.

(Code 1998, § 106-11; Ord. No. 97-11, § 13-1-12, 11-3-1997; Ord. No. 07-02, § 8, 4-2-2007; Ord. No. 16-5, § 1(106-11), 5-2-2016; Ord. No. 18-19, § 10, 10-15-2018)

(a)

Height. The zoning district height limitations stipulated in this chapter may be exceeded, but such modification shall be in accord with the following:

(1)

Architectural projections such as spires, belfries, parapet walls, cupolas, domes and flues 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, fire towers, substations, smoke stacks 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)

Communication structures such as radio and television transmission and relay towers, aerials and observation towers shall not exceed in height three times their distance from the nearest lot line, except insofar as the Federal Communication Act of 1996 may limit the ability of the village to regulate the height of such communication structures;

(5)

Architectural 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 or other places of indoor religious assembly, 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;

(7)

Airplane hangars adjacent to the Waunakee Airport, following review and approval of the plan commission, may be allowed to exceed height limitations of this chapter up to 20 feet in height;

(8)

The village retains sole discretion to restrict the height of an architectural projection or other structure that pursuant to this subsection (a) is exempt from the height limitations of this chapter.

(b)

Yards. The yard requirements stipulated in this chapter may be modified as follows:

(1)

Uncovered stairs, landings, uncovered decks, and fire escapes may project into any yard but may not exceed six feet and may not be closer than three feet to any lot line;

(2)

Architectural decorations, such as flues, sills, eaves, belt courses and ornaments, may project into any required yard, but such projection shall not exceed two feet;

(3)

Essential services, utility electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter;

(4)

Landscaping and vegetation are exempt from the yard requirements of this chapter, with the exception that any landscaping or vegetation shall be subject to the restrictions in section 133-993 related to traffic visibility;

(5)

Required street yards may be decreased to the average of the existing street yards of the abutting structures on each side, but in no case less than 15 feet;

(6)

The plan commission may grant exceptions to the setback and yard requirements in any district for structures or facilities of the village, Waunakee School District or other governmental entity where the plan commission determines such exceptions to be in the public interest.

(c)

JPA/expanded ETZ area highway setback. In the joint planning area (JPA) and expanded ETZ area, as defined in section 133-18, the following shall be the setbacks from the particular highways as stated below. This shall be the distance buildings and other structures shall be setback from said highways in the JPA and expanded ETZ area. This setback shall prevail over any other lesser setback from such highways for a particular zoning classification in the JPA/expanded ETZ area.

(1)

State and federal highways. The setback line for all state and federal highways shall be 100 feet from the centerline of the abutting highway rights-of-way, or 41 feet from the right-of-way line, whichever is greater;

(2)

County trunk highways. The setback line for all county trunks shall be 75 feet from the centerline of the abutting highway rights-of-way, or 42 feet from the right-of-way line, whichever is greater;

(3)

Amendment. The provisions of this subsection shall not be amended unless and until approval of such amendment has been recommended by a majority vote of the entire membership of the joint planning committee.

(Code 1998, § 106-12; Ord. No. 97-11, § 13-1-13, 11-3-1997; Ord. No. 98-2, § 5, 3-30-1998; Ord. No. 99-10, § 1, 6-21-1999; Ord. No. 07-02, § 9, 4-2-2007; Ord. No. 07-04, § 4, 5-21-2007; Ord. No. 12-3, § 1, 5-7-2012)

No lot, yard, parking area, building area or other space shall be reduced in area or dimensions 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.

(Code 1998, § 106-13; Ord. No. 97-11, § 13-1-14, 11-3-1997)

(a)

Required screens and buffers. Where screens or buffers are required by this chapter or by the plan commission to reduce the impact of proposed uses on adjacent properties, the standards of this section 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. Where buffer yards are required, the width of the required buffer yard shall be determined by the plan commission. The minimum width shall be ten feet.

(c)

Screens. Screens are barriers located in a limited space, ten feet or less in height, 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 that do not live shall be replaced within six months.

(Code 1998, § 106-14; Ord. No. 97-11, § 13-1-15, 11-3-1997)

Editor's note— Ord. No. 20-04, § 1, adopted Nov. 16, 2020, repealed § 133-16, which pertained to restrictions on rezoning for multifamily use and derived from Code 1998, § 106-16; Ord. No. 97-11, § 13-1-17, adopted Nov. 3, 1997; Ord. No. 98-10, § 1, adopted Sept. 8, 1998; and Ord. No. 98-14, § 1, adopted Nov. 2, 1998.

The minimum dwelling unit sizes in the village shall be as follows:

(1)

Efficiency dwelling unit, 500 square feet.

(2)

One-bedroom dwelling unit, 600 square feet.

(3)

Two-bedroom dwelling unit, 800 square feet.

(4)

More than two-bedroom dwelling unit, 1,000 square feet.

(Code 1998, § 106-17; Ord. No. 97-11, § 13-1-18, 11-3-1997; Ord. No. 21-2, 9-7-2021)

(a)

Definitions.

(1)

Waunakee/Westport joint planning area. The Waunakee/Westport joint planning area or JPA is that area of land within the Village of Waunakee and Town of Westport as defined in the Boundary Stipulation and Intergovernmental Cooperation Agreement between the Village of Waunakee and the Town of Westport dated September 19, 1996, or as amended by the village and the town.

(2)

Expanded ETZ area. The Waunakee expanded ETZ area is that area of land where the Village of Waunakee has extended its ETZ powers, but which lies outside of the JPA.

(b)

General purpose of this section. In the above areas, the Village of Waunakee and Town of Westport governing bodies have agreed to delegate certain review and approval abilities over land use decisions to the joint planning committee (JPC) created by that agreement. By this section, it is the intent of the village to specify those powers of the JPC in this area under this chapter. No action of the JPC is effective unless approved by a majority vote of the entire membership of the JPC.

(c)

Applicable provisions.

(1)

Zoning review for JPA. The JPC shall act as the village plan commission for any rezonings in the JPA, whether located in the village or the town. The JPC shall conduct all public hearings on rezonings requested in the JPA. Consistent with Wis. Stats. § 62.23(7a), the village board may not approve any rezoning in the JPA until and unless such rezoning has been approved by a majority of the members of the entire JPC after public hearing.

(2)

Appeals and variances for JPA. The JPC shall act as the zoning board of appeals under division 2 of article II of this chapter for appeals and variances requested in the JPA. All other provisions of division 2 of article II of this chapter not in conflict herein shall apply and shall be followed by the JPC acting as the zoning board of appeals in the JPA.

(3)

Site plan review for JPA. The JPC shall act as the plan commission under section 133-47 for site plan approvals requested in the JPA. An appeal of any such decision by the JPC shall not be to the village board, but shall be direct to circuit court by remedy of certiorari. All other provisions of that section not in conflict herein shall apply and shall be followed by the JPC acting as the plan commission as to site plan reviews in the JPA.

(4)

Conditional uses for JPA. The JPC shall act as the plan commission under article V of this chapter for conditional use permits requested in the JPA. An appeal of any such decision by the JPC shall not be to the village board, but shall be directly to circuit court by remedy of certiorari. All other provisions of that article not in conflict herein shall apply and shall be followed by the JPC acting as the plan commission as to conditional uses in the JPA.

(5)

Remaining sections. The remaining sections of this chapter, to the extent they do not conflict with the provisions of this section, shall apply in the JPA and expanded ETZ area.

(d)

Reserved. Reserved for future provisions.

(e)

Amendment. The provisions of this section shall not be amended unless and until approval of such amendment has been recommended by a majority vote of the entire membership of the JPC after following the procedures for amendment under Wis. Stats. § 62.23(7a).

(Code 1998, § 106-19; Ord. No. 98-2, § 3, 3-30-1998; Ord. No. 99-5, § 1, 3-1-1999; Ord. No. 07-04, § 2, 5-21-2007)

State Law reference— Extraterritorial zoning, Wis. Stats. § 62.23(7a).

(a)

Except as provided in subsection (b) of this section, no single building used for retail business shall have more than 50,000 square feet of floor area.

(b)

A single building used for retail business may have up to 75,000 square feet of floor area pursuant to a conditional use permit granted in accordance with article V of this chapter. In addition to the provisions of article V of this chapter, the following shall be requirements of such a conditional use permit:

(1)

Stormwater best management practices that minimize runoff and maximize on-site infiltration. Publications of the state department of natural resources, United States Environmental Protection Agency and equivalent sources may be relied on to determine best management practices.

(2)

Impervious building and pavement areas shall not exceed 70 percent of the total site area.

(3)

Landscaping islands and perimeter plantings that screen and buffer large parking areas 1.5 times the number of landscaping points required under section 133-996 shall be required.

(4)

The design of, and materials used in, the building shall reflect the architectural styles and character of landmark buildings in the village.

a.

The intent of this requirement is to require architecturally designed structures that reflect both the character of landmark or historic buildings in the village and the topographic and natural characteristics of the site;

b.

Stock or standard building designs that are used repetitively in other communities should be avoided;

c.

Prefabricated metal or vinyl siding, common concrete block, or structural cement shall not be used as a primary building material for any building facade. This restriction shall not exclude the use of architectural concrete block or the decorative use of metal as an architectural element.

(5)

A traffic impact analysis (TIA) shall be prepared to specifications established by the village engineer and the applicant shall be required to demonstrate that the project will not create congestion or cause other traffic problems within the village.

(Code 1998, § 106-20; Ord. No. 05-06, § 3, 6-20-2005; Ord. No. 05-11, 9-6-2005)