West Bend Town City Zoning Code
ARTICLE II
General Provisions
§ 325-10 Jurisdiction.
The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Town of West Bend.
§ 325-11 Compliance with district regulations required.
A.
Generally. No structure, land, or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered except in conformity with the regulations herein specified for the district in which it is located.
B.
Exemptions. Gas and electric utility uses which have been issued a certificate of public convenience and necessity pursuant to § 196.491(3), Wis. Stats., are exempt from the requirements of this chapter.
§ 325-12 Duties of Zoning Administrator and Building Inspector.
A.
The Zoning Administrator is hereby designated as the administrative officer for the provisions of this chapter. The duty of the Zoning Administrator shall be to interpret and administer this chapter and to issue all permits required by this chapter. The Town Clerk or the Town Clerk's designee and, when appropriate, the Building Inspector shall assist the Zoning Administrator in the administration and enforcement of the chapter.
B.
Responsibilities. The Zoning Administrator shall further:
(1)
Maintain records of all reviews, staff reports, and relevant correspondence. The Town Clerk shall be responsible for maintaining records of all permits issued, inspections made, work approved, and other official actions.
(2)
Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.
(3)
Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters; give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises; and report uncorrected violations to the Town Attorney.
(4)
Assist the Town Attorney in the prosecution of ordinance violations.
(5)
Access premises and structures during reasonable hours to make those inspections as deemed necessary by him or her to ensure compliance with this chapter. If, however, the Zoning Administrator and/or Building Inspector is refused entry after presentation of his or her identification, he or she may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats.
(6)
Prohibit the use or erection of any structure, land or water until the Building Inspector has inspected and approved such use or erection.
(7)
Request assistance and cooperation from the Washington County Sheriff's Department and Town Attorney, as deemed necessary.
(8)
Attend meetings of the Plan Commission, Town Board, and Town Zoning Board of Appeals on an as-needed basis.
§ 325-13 Applicant responsible for compliance with regulations.
It is the responsibility of the permit applicant to comply fully with the requirements of all applicable Town ordinances and to secure all necessary permits required by any federal, state, or county agency or any other agency or organization requiring permit approval.
§ 325-14 Site restrictions.
A.
Generally. No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, 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 Zoning Administrator and Plan Commission, in applying the provisions of this chapter, shall in writing recite the particular facts upon which they base their conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if they so desire. Thereafter, the Plan Commission may affirm, modify, or withdraw the determination of unsuitability.
B.
Lots. All lots shall abut a public street, and each lot shall have a minimum frontage of 66 feet, except where a lot does not meet the required frontage but has access to a public street and was a lot of record with the Washington County Register of Deeds on April 1, 1986. Such lot may be occupied by any permitted or conditional use of the zoning district within which the lot is located, provided that such proposed use complies with all other applicable provisions of this chapter.
C.
Principal structures. All principal structures shall be located on a lot, and only one principal structure shall be located, erected, or moved onto a lot in a residential district. The Plan Commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.
D.
Street grade. Every building hereafter erected, structurally altered, or relocated shall be at a grade approved by the Building Inspector as being in satisfactory relationship with the existing street grade, with particular consideration for proper drainage and safe vehicular access.
E.
Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining land, 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 (excluding retaining walls), except with the approval of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property.
§ 325-15 Use restrictions.
[Amended 5-13-2025 by Ord. No. 2025-03]
A.
Principal uses. Only those principal uses specified for a district, their essential services, and the uses listed in Appendix A shall be permitted in that district.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Accessory uses. Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction. Construction of a principal structure shall be completed within one year of commencement of construction of an accessory structure. Residential accessory uses shall not involve the conduct of any business, trade, or industry except home occupations.
C.
Temporary uses. The Zoning Administrator may authorize the establishment of certain temporary uses for a limited duration, provided that such uses comply with the general and specific standards of this section.
(1)
The following temporary uses are allowable with an approved temporary use permit:
(a)
A dwelling unit situated on a lot, parcel, or tract, along with a primary dwelling unit, that provides a temporary residence for the residents of the associated primary dwelling unit that has been deemed uninhabitable due to fire, flood, or other disaster, or is under construction or undergoing substantial repairs or reconstruction. The temporary residence is allowed on the lot, parcel or tract only while the primary residence is undergoing new construction or repair, provided the property owner submits a letter of credit or cash deposit to the Town to ensure the removal of the existing residence. A temporary dwelling unit may also include a residence located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site. The temporary residence shall be removed from the lot, parcel, or tract upon completion of such construction.
(b)
Temporary parking for public gatherings and similar events. Transportation shall be required for all temporary parking areas not located on the parcel where the event shall occur or on an immediately abutting parcel, unless otherwise approved by the Zoning Administrator.
(2)
General requirements for all temporary uses and structures. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this chapter:
(a)
The temporary use or structure shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.
(b)
Permanent alterations to the site related to the temporary use or structure are prohibited.
(c)
If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic circulation as required that may be associated with the temporary use, without disturbing sensitive or protected natural resources including 100-year floodplains and required landscaping.
(d)
If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on an existing buffer, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.
(e)
Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored and meet the requirements of the Building Inspector.
(f)
Off-street parking shall accommodate the proposed temporary use as determined by the Zoning Administrator.
D.
(Reserved)
E.
(Reserved)
F.
(Reserved)
G.
Abandoned motor vehicles and other materials.
(1)
No disassembled, dismantled, junked, wrecked, inoperable or unlicensed vehicle shall be stored or allowed to remain in the open upon private property within the Town of West Bend 10 days after receiving written notice from the Zoning Administrator to remove or enclose the same, unless:
(2)
The accumulation or storage of inoperable vehicles, tractors, refrigerators, furnaces, washing machines, stoves, machinery or parts thereof, junk, wood, brick, cement block or other unsightly debris which may tend to depreciate property values in the area or create a nuisance or hazard shall not be allowed on any lot or parcel of land within the Town of West Bend.
H.
(Reserved)
I.
(Reserved)
J.
(Reserved)
§ 325-16 Reduction or joint use.
No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.