A.Â
Jurisdiction. The jurisdiction of this chapter shall
apply to all structures, lands, water and air within the corporate
limits of the City of Weyauwega.
B.Â
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.
C.Â
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.
D.Â
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See also § 530-11, Reduction or joint use. Original Sec. 13-1-20(e), One main building per lot, and (f), Lots abutting more restrictive district, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 530-9B and D.
Only the following uses and their essential
services may be allowed in any district:
A.Â
Permitted uses. Permitted uses, being the principal
uses specified for a district.
B.Â
Accessory uses. Accessory uses and structures as specified
are permitted in any district but not until their principal structure
is present or under construction.
C.Â
Conditional uses.
(1)Â
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the City Council in accordance with Article V of this chapter, excepting those existent at time of adoption of the Zoning Code.
(2)Â
Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the City Council in accordance with Article V of this chapter.
(3)Â
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the City Council in accordance with Article V of this chapter.
(4)Â
Conditional uses authorized by City Council resolution
shall be established for a period of time to a time certain or until
a future happening or event at which the same shall terminate. A change
in ownership typically terminates a conditional use permit, necessitating
reapplication.
D.Â
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.
E.Â
Uses not specified in code.
(1)Â
Uses not specified in this chapter which are found
by the City Council to be sufficiently similar to specified permitted
uses for a district shall be allowed by Zoning Administrator.
(2)Â
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 City Council after consideration and recommendation by the Plan Commission, public hearing and approval in accordance with Article V of this chapter.[1]
A.Â
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]
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
The regulations contained herein relating to
the height of buildings and the size of yards and other open spaces
shall be subject to the following exceptions:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
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.