City of Brodhead, WI General Regulations

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.

No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open space or minimum lot area requirements for any other structure or parcel.

Lots abutting more restrictive district. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.

Relationship with other laws. Where the conditions imposed by any part of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive (or impose higher standards or requirements) shall be enforced.

City Plan Commission designated. The City Plan Commission is hereby created to carry out the intent of the City of Brodhead Comprehensive Plan and this chapter. The makeup of the Commission and its powers and duties shall be prescribed by § 62.23, Wis. Stats., and Chapter 15, Boards, Commissions and Committees, of the Code of the City of Brodhead.

§ 480-9 Use regulations.

Only the following uses and their essential services may be allowed in any district:

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.

Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval in accordance with Article IV of this chapter, excepting those existent at time of adoption of this chapter.

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 in accordance with Article IV of this chapter.

Conditional uses authorized by 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.

Conditional uses authorized by the Plan Commission shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Plan Commission approval and the procedures required in Article IV of this chapter.

Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in § 480-12 shall be considered to be prohibited, except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Zoning Board of Appeals for determination in accordance with the following procedure:

[Amended 4-15-2014; 5-12-2014]

Application. Application for determination for classification of an unlisted use shall be made in writing to the Zoning Administrator and shall include a detailed description of the proposed use and such other information as may be required by the Zoning Board of Appeals to facilitate the determination.

Investigation. The Zoning Board of Appeals shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter and to recommend its classification.

Determination. The determination of the Zoning Board of Appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The Zoning Board of Appeals shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in § 480-12.

Effective date of determination. At the time of this determination of the classification of the unlisted use by the Zoning Board of Appeals, the classification of the unlisted use shall become effective.

§ 480-10 Site regulations.

Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have an absolute minimum frontage of 50 feet, except in the case where the Downtown Design Overlay District applies.

Principal structures. All principal structures shall be located on a lot. Not more than one principal building or use and its accessory buildings or uses may be located on a lot, except in the case of planned unit developments and districts zoned Light Industrial (I-1) and General Industrial (I-2), provided that the requirements of those districts shall be met for each structure. The Common Council may permit as a planned unit development 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 Common Council may impose additional yard requirements, landscaping requirements or parking requirements or require a minimum separation distance between principal structures.

[Amended 4-15-2014]

Dedicated street. All lots shall abut a public street or approved private road or way which is constructed to applicable standards. 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 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.

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Common Council, upon the recommendation of the Plan Commission, 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 Plan Commission, in applying the provisions of this 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 so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Common Council.

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 Common Council, upon the recommendation of 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.

Decks. For purposes of this chapter, decks, porches and fireplace chases shall be considered a part of a building or structure.

Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the center line of the said vacated area shall not be affected by such proceeding.

Obstruction of unplatted lands. All buildings hereafter erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land platting.

Dwelling units. No cellar, basement or unfinished home, garage, tent, recreational vehicle, trailer or accessory building shall, at any time, be used as a dwelling unit. Basements shall not be used as dwelling units, except where specifically designed for such use through proper damp-proofing, fire-protecting walls and other requirements as may be imposed by the building and housing codes.

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. The Zoning Administrator may impose conditions on such temporary uses.

Unclassified or unspecified uses. Unclassified or unspecified uses shall be classified as set forth in § 480-9D.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Screening regulations. Any use required by this chapter to be screened in accordance with this section shall be confined within an opaque fence or wall eight feet high or a visual screen consisting of evergreen or evergreen-type hedges or shrubs spaced at intervals of not more than six feet, located and maintained in good condition or in any way out of view of the public.

Number of tenants. No owner of any dwelling shall lease or enter any lease of any one dwelling unit to more than three persons not related by blood, marriage, adoption or legal guardianship, living together as a single housekeeping unit and using common cooking facilities, or more than 10 persons living together as a single housekeeping unit and using common cooking facilities in a foster home wherein the foster parents have been licensed by the Department of Children and Families.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Single-family detached dwelling requirements. Single-family detached dwellings, not located in a mobile home park, shall comply with all of the following requirements and limitations:

[Amended 3-12-2007]

The dwelling shall be at least 24 feet in width and 36 feet in length and meet the minimum floor area requirements for a single-family home in the applicable district.

The dwelling shall be constructed or installed on an approved foundation system in conformity with the Uniform Building Code, which shall include an exterior foundation wall consisting, at a minimum, of a four-foot permanent perimeter frost wall. If an approved foundation system other than a four-foot perimeter frost wall is used, the dwelling shall be constructed such that the area between the dwelling and the ground has the same visual appearance as a dwelling with a four-foot perimeter frost wall, the plans for which must be approved by the Zoning Administrator.

The dwelling shall be covered by a roof pitched at a minimum slope of two inches in 12 inches, which is permanently covered with a nonreflective material.

Uses not requiring zoning approval:

Any small, movable accessory or erection or construction such as birdhouses, pet houses, play equipment, arbors; said minor structures shall be limited to 16 square feet in floor space.

Walls and fences under three feet in height; however, no fences or walls under three feet in height shall be located within six inches of a street right-of-way.

Private sidewalks and driveways, poured or formed patios, decks, and walkways that do not exceed six inches in height above ground level and which are not in a public right-of-way.

§ 480-11 Modifications.

Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:

Architectural projections. Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.

Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lots, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smokestacks, are exempt from the height limitations of this chapter.

Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.

(Reserved)[1]

[1]

Editor’s Note: Former Subsection A(4), which set forth height regulations for communication structures, was repealed 2-17-2016. For current regulations on communication structures, see § 480-111.

(5)

Public or semipublic facilities. Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, government offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.

(6)

Agricultural structures. Agricultural structures, such as barns, silos, and windmills, shall not exceed in height twice their distance from the nearest lot line.

(7)

Wind and solar energy systems. Structures constituting wind energy systems or solar energy systems, as defined in § 480-80O of this chapter, are exempt from the height limitations of this chapter, subject to the requirements of § 480-77 of this chapter for solar energy systems and the requirements of § 480-75 of this chapter for wind energy systems.

[Added 4-13-2009]

Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:

Uncovered stairs, landings, and fire escapes may project into any yard, but not to exceed six feet and not closer than three feet to any lot line.

Agricultural projections, such as chimneys, flues, sills, eaves, belt courses, ornaments, and solar collectors, may project into any required yard.

Residential fences are permitted on the property lines in residential districts but shall not in any case exceed a height of six feet, shall not exceed a height of four feet in the front yard and shall not be closer than two feet to any public right-of-way.

Security fences are permitted on property lines in business and industrial districts but shall not exceed 10 feet in height.

(5)

Accessory uses and detached accessory structures, except garages, are permitted in the rear yard only.

(6)

Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(7)

Landscaping and vegetation are exempt from the yard requirements of this chapter, providing the required vision corners at street intersections can be met.

Average building setbacks. In residential and business districts, except for corner lots, required setbacks shall be modified in the following cases:

Average front yards. The required front yards may be decreased in any residential or business district to the average of the existing street yards of the abutting principal structures on each side. Where 50% or more of the frontage on a block is occupied by principal structures having setbacks less than that required by this chapter, setbacks on each remaining lot shall be determined in accordance with the following rule: The front building line of a proposed structure shall be no nearer the front lot line than a line joining adjacent front corners of the nearest principal structures which are in the same block frontage on either side of the proposed structure. If, on a block frontage, no principal structure exists to one side of a proposed structure, a structure may be assumed to exist on the corner lot which conforms to the minimum setback and side yard width requirements of this chapter.