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

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.

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.

Joint use. No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this code shall be included as a part of a yard or other open space required for another building.[1]

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

Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.

Conditional uses.

Temporary uses. Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Zoning Administrator.

Uses not specified in code.

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.[1]

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 City Council 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 City Council may impose additional yard requirements, landscaping requirements or parking requirements or require a minimum separation distance between principal structures.

Dedicated street. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The front 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 that such front yard setbacks shall be no less than the average of the front yards required in both districts.

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the City Council 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 City Council, in applying the provisions of this 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/she so desires. Thereafter, the City Council may affirm, modify or withdraw its determination of unsuitability.

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 City Council, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

Decks; porches. For purposes of this chapter, decks and porches shall be considered a part of a building or structure. However, unenclosed porches not exceeding 50 square feet in area, whether covered or uncovered, may project up to six feet into a required front setback area.

Churches, schools, hospitals, sanitoriums and other public and quasi-public buildings may be erected to a height not exceeding 36 feet or three 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.

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 code and may be erected in accordance with other regulations or codes of the City.

Residences in the residence district may be increased in height by not more than 10 feet when all yards and other required open spaces are increased by one foot for each foot that such building exceeds the height limit of the district in which it is located.

Buildings on through lots and extending from street to street may have waived the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard, provided that the setback requirements on both streets are complied with.

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 24 inches.

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.