A.
Jurisdiction. The jurisdiction of this chapter shall include all
lands and water within the corporate limits of the Village of Brandon,
Fond du Lac 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.
C.
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.
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.
Unclassified or unspecified uses. Unclassified or unspecified uses
may be permitted by the Village 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 Village Board in accordance with Article IV of this chapter excepting those existent at 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 Village 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 Village 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 previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Village 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 uses authorized by Village Board 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.
Required area. No lot, yard, parking area, building area or other
required space shall be reduced in size or dimension so as not to
meet the provisions of this chapter.
B.
Joint use. 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 part of a yard or other open space provided about any building
for the purpose of complying with the provisions of this chapter shall
be included as part of a yard or open space required for another building.
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 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 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 60 feet; however, to be buildable, the lot shall comply
with the frontage requirements of the zoning district in which it
is located.
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. The Village Board 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 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. 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 two horizontal to one vertical,
within a distance of 10 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, 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. For purposes of this chapter, decks shall be considered a
part of a building or structure.
H.
Lots abutting two streets. 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.
I.
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 shall be complied with.
J.
Preexisting lots. Where a lot has an area less than the minimum number
of square feet per family required for the district in which it is
located and was of record as such at the time of the passage of this
chapter, such lot may be occupied by one family.
K.
Open yards. 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 12 inches.
