The following use restrictions and regulations shall apply:
A. Principal uses. Only those principal uses specified for a district,
their essential services and the following shall be permitted in a
district.
B. Unclassified or unspecified uses. Unclassified or unspecified uses
may be permitted by the Town Board, provided that such uses are similar
in character to the principal uses permitted in the district.
C. Performance standards. Performance standards listed in Article
VIII shall be complied with by all uses in all districts.
D. Conditional uses. Provisions applicable to conditional uses generally:
(1) Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Town Board in accordance with Article
IV of this chapter, excepting those existent at the time of adoption of this chapter.
(2) Those existing uses which are classified as conditional uses for
the district(s) in which they are located at the time of adoption
of this chapter require no action by the Town Board to continue as
valid conditional uses, and the same shall be deemed to be regular
conditional uses.
(3) Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Town Board in accordance with Article
IV.
(4) Conditional use(s) when replaced by permitted use(s) shall terminate. In such case(s), the reestablishment of any conditional use(s) shall require review, public hearing and approval by the Town Board in accordance with Article
IV.
(5) Provisions in this chapter relating generally to conditional uses
shall, except when in conflict with specific provisions relating to
either regular or limited conditional uses (which specific provision
would then control), be deemed to be applicable to both regular and
limited conditional uses.
(6) Conditional use permits authorized by the Town Board shall be established
to both regular and limited conditional uses.
(7) Conditional uses authorized by the Town Board shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Board approval and the procedures required in Article
IV.
E. 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. This does not apply to adjacent residential districts.
(2) The street yard setbacks in the less restrictive district shall be
modified for a distance of not less than 75 feet from the more restrictive
district boundary line so such street yard setbacks shall be no less
than the average of the street yards required in both districts.
(3) When there is a reasonable likelihood that unsewered lots will be
sewered within 10 years and that the required frontage thereafter
will be 100 feet or less, then the Town Board or subdivider may cause
dotted lines to be drawn across the center of the lots applicable
on plat and Zoning Maps so as to notify prospective purchasers of
that possibility.
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 except in compliance with Winnebago County
Ordinance Section 23.15.
G. Decks. For purpose of this chapter, decks shall be considered a part
of a building or structure.
H. Frontline projections. No alterations to any building, except uncovered
steps, shall project into the front yard established at the time of
the original construction of such building beyond a line connecting
the nearest points on the setback lines of the next existing buildings
on each side of such building.
I. Unobstructed yards. Every part of a required yard shall be open to
the sky unobstructed, except the accessory buildings in a yard and
the ordinary projections of sills, belt courses, cornices and ornamental
features projecting not more than 24 inches and/or up to 48 inches
for solar heating systems.
J. Floor size; foundation. All dwellings shall conform to a minimum
floor size and be set upon a permanent footed foundation or a permanent
footed slab.
K. Height and yard exception. The regulations contained herein relating
to the heights of buildings and the size of yards and other open spaces
shall be subject to the following exceptions:
(1) Churches, schools, hospitals, sanatoriums and other public and quasi-public
buildings may be erected to a height not exceeding 65 feet nor five
stories, provided the front, side and rear yards required in the district
in which such a 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 be located.
(2) Chimneys; cooling towers; elevator bulkheads; fire towers; silos;
monuments; penthouses; setbacks; scenery lofts; tanks, water towers;
ornamental towers; spires; wireless, television or broadcasting towers,
masts or aerials; telephone, telegraph and power poles and lines;
microwave radio relay structures, and necessary mechanical appurtenances
are hereby excepted from the height regulations of this section and
may be erected in accordance with other regulations or ordinances
of the Town of Vinland.
(3) Residences in the residence and agricultural districts 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 by which such
building exceeds the height limit of the district in which it is located.
(4) Where a lot abuts on two or more streets or alleys having different
average established grades, the higher of such grades shall control
only for a depth of 120 feet from the line of the higher average established
grade.
(5) Buildings on through lots and extending from street to street may
waive the requirements for rear yards 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.
(6) Open or enclosed fire escapes and fire towers may project into a
required yard not more than five feet, provided they be so located
as not to obstruct light and ventilation.
L. Noncomplying lots; private roads. No building permit or certificate
of occupancy shall be issued by the Building Inspector for any lot
which does not comply with all the regulations and standards of this
chapter, except as otherwise provided by this chapter; and which does
not have at least 50 feet frontage on a public street or road which
is fully improved and opened in accordance with the Town standards
for streets and highways, and so certified by the Town Clerk. Lots
on private roads that were in existence at the time of the passage
of this chapter are excluded from this road requirement.
M. Aesthetics.
(1) Property value test. Aesthetics may constitute grounds for prohibiting
a use, particularly if such use could depreciate the value of property
in the neighborhood or impose a visual effect upon neighbors or passersby
which is clearly obnoxious to the prevailing taste of the community,
constituting a public nuisance. This subsection supplants, but does
not supersede, other Town property maintenance and/or nuisance ordinances.
(2) Penalties. Any person, firm or corporation who fails to comply with
the provisions of this subsection or resists enforcement shall, upon
conviction thereof, forfeit not less than $50 nor more than $1,000
and cost of prosecution for each violation and, in default of payment
of such forfeiture and costs, shall be imprisoned in the County Jail
until payment of such forfeiture, but not exceeding 30 days. Complete
cleanup of the property must take place within 30 days of the conviction
to the satisfaction of the Town Board. Each day a violation exists
or continues shall constitute a separate offense.
(3) Failure to comply with cleanup requirements. If the property is not
brought into compliance to the satisfaction of the Aesthetic Review
Board upon the 30th day after conviction, the Town Board shall undertake
to clean up the property at the property owner's expense. The property
owner will be billed for the service provided. If payment is not made
of that bill in a timely fashion, a late charge of 18% per year of
the total amount shall be added to the bill and shall be placed on
the tax roll at the end of the year.
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.