A.
Jurisdiction. The jurisdiction of this chapter shall include all
structures, air, lands and water within the corporate limits of the
Village of Argyle, Lafayette County, Wisconsin.
B.
Compliance. 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 without full compliance with the provisions of this chapter
and all other applicable Village, county and state regulations.
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 that
district:
B.
Performance standards. Performance standards listed in Article VIII shall be complied with by all uses in all districts.
C.
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 Village Board, upon the recommendation of the Plan Commission, in accordance with Article IV of this chapter, excepting those existent at time of adoption of the Zoning Code.
(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 Plan Commission 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 Village Board, upon the recommendation of the Plan Commission 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 previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article IV.
(5)
Conditional uses authorized by the Village Board, upon the recommendation
of the Plan Commission, 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.
D.
Uses not specified in this chapter.
(1)
Uses not specified in this chapter which are found by the Village
Board, upon the recommendation of the Plan Commission, to be sufficiently
similar to specified permitted uses for a district shall be allowed
by the Village Board, upon the recommendation of the Plan Commission.
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.
A.
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 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 Village Board, in applying
the provisions of the 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 he/she so desires. Thereafter,
the Village Board may affirm, modify or withdraw its determination
of unsuitability.
B.
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 at the street edge; however, to be buildable,
the lot shall comply with the frontage and lot width requirements
of the zoning district in which it is located.
[Amended 4-6-2022 by Ord. No. 4-2022]
C.
Principal structures. All principal structures shall be located on
a lot. Only one principal structure shall be located, erected or moved
onto a lot. Except in any residential lot, the Village Board, upon
the recommendation of 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. Where additional structures are permitted, the Village
Board, upon the recommendation of the Plan Commission, may impose
additional yard requirements, landscaping requirements or parking
requirements, or require a minimum separation distance between principal
structures.
D.
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.
E.
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. This does
not apply to adjacent residential districts. 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 both districts.
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 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 Village Board, following a recommendation
from the Plan Commission; 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.
Decks/porches. For purposes of this chapter, particularly regarding
setbacks, decks and/or porches shall be considered a part of the principal
building or structure being served.
H.
Double-frontage lots. 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 be complied with.
I.
Corner side yards. The required side yard on the street side of corner
lots shall be at least 50% greater than the minimum specified for
the district.
J.
Required buffer strips in industrial districts. Where an industrial
district abuts a residential district, there shall be provided along
any rear, side or front line, coincidental with any industrial-residential
boundary, a buffer strip not less than 40 feet in width, as measured
at right angles to said lot line. Plant materials at least six feet
in height, of such variety and growth habits as to provide a year-round
effective visual screen when viewed from the residential district,
shall be planted within the exterior 25 feet abutting the residential
district. If the required planting screen is set back from the industrial-residential
boundary, the portion of the buffer strip facing the residential district
shall be attractively maintained. The exterior 25 feet of the buffer
strip shall not be devoted to the parking of vehicles or storage of
any material or accessory uses. The interior 15 feet may be devoted
to parking of vehicles.
K.
Zero lot
line requirements.
[Added 4-6-2022 by Ord. No. 4-2022]
(1)
Each
zero lot line dwelling unit shall have separate water and sewer lateral
connections and separate meters. The size, type, and installation
shall be in accordance with plans and specifications approved by the
Village Public Works Director or their designee.
(2)
The
common fire separation wall between the units shall extend from the
basement floor to the top of the roof. Compliance with such standard
shall be confirmed, in writing, by the applicant and building inspector
before a building permit shall be issued.
(3)
The
developer shall provide, with the building permit application, a draft
agreement or covenant specifying maintenance standards for the common
wall, maintenance and replacement standards for exterior surfaces
of the building to maintain a neat and harmonious appearance over
time, and maintenance standards for any other common features. Such
agreement or covenant shall also provide that it may not be terminated,
amended or otherwise altered without the approval of the Village Board.
Such agreement shall be subject to Village Board approval, and then
recorded by the developer against all affected properties and continually
maintained by the property owners before the building permit will
be issued.
[Added 8-2-2006]
All accessory structures, attached garages, and unattached garages
located within the R-1, R-2, R-3 and R-4 Districts of the Village
of Argyle, as those districts are defined in this Code, shall be further
restricted as follows:
A.
The maximum square footage of all accessory structures, other than
garages and other than garden sheds, shall be 900 square feet.
B.
The maximum square footage for all garden sheds shall be 200 square
feet.
C.
All accessory structures, including unattached garages, shall be
single story with a maximum height of 17 feet.
D.
No accessory structure, attached or unattached garage, shall be constructed
in such a manner that more than 20% of the exterior surface of the
structure, other than the roof, shall of any metal-type material,
without the granting of a conditional use, pursuant to this Code.
