The jurisdiction of this chapter shall include all lands and waters within the Town of Pittsfield.
Restrictions or requirements with respect to buildings or land or both which appear in other ordinances of the Town of Pittsfield, or are established by federal, state, and county laws, and which are greater than those set forth herein shall take precedence over those herein. Otherwise, the provisions of this chapter shall apply.
Buildings hereafter erected, enlarged, converted, structurally altered, rebuilt or moved and existing land shall be used only for purposes as specified in this chapter. Furthermore, land and building uses shall be in compliance with the regulations as established herein for each district.
Not more than one addressed principal residential building shall be located on a lot of record or a zoning lot, except in the case of planned unit residential developments or multifamily uses.
Permitted uses, permitted accessory uses, and conditional uses are limited to the uses indicated for the respective zone districts. Additional uses shall be allowed upon written recommendation by the Planning Commission and approval by the Town Board. Additional uses, however, cannot be allowed in the AG-FP District, unless farm related.
Accessory buildings which are not a part of the main building shall not occupy more than 30% of the area lying between the main residential structure and the required rear yard setback in all the residential zones. Where an accessory building is part of the main building or is substantially attached thereto, the side yard and rear yard requirements for the main building shall be applied to the accessory building.
No lot area shall be reduced so that the yards and open spaces shall be smaller than is required by this chapter. If the lot area is less than that required for the zoning district in which it is located and the lot was a lot of record at the time of the passage of this chapter, such lot may be built upon, if it meets the other district requirements and other requirements of Brown County.
Where the Town Zoning Administrator has issued a building permit pursuant to the provisions of this chapter, such permit shall become null and void unless work thereon is substantially underway within one year of the date of the issuance of such permit.
Where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this chapter, and provided that construction is begun within one year of such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued and further may, upon completion, be occupied under a occupancy permit by the use for which originally designed and subject thereafter to the provisions of Article XI.
Radio and television transmitting and receiving antennas, as well as dish antennas, shall be allowed within the lot area not required for the building setback area in all zones and on the roof of a building in all business and industrial zones. In § 275-26, AG-FP Agricultural Farmland Preservation District, the use must comply with Wis. Stats. § 91.46(4).
Except as otherwise provided in this chapter, the height of any building hereafter erected, converted, enlarged or structurally altered shall be in compliance with the regulations established herein for the district in which such building is located. Accessory farm buildings, belfries, chimneys, cooling towers, elevator bulkheads, fire towers, monuments, silos, scenery lofts, tanks, water towers, ornamental towers, spires, wireless television or broadcasting towers, masts or aerials, telephone, telegraph and power transmission poles and lines, microwave radio relay structures and necessary mechanical appurtenances are hereby exempted from the height regulations of this chapter.
Churches, schools, hospitals, sanitariums and other public and quasi-public buildings may be erected to a height not exceeding 60 feet, provided 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.
Residences 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.
No front yard in any residential district shall be used for open storage of boats, vehicles, or any other equipment, except for vehicular parking on driveways.
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 any other open space required for another building.
Building on through lots and extending from street to street may waive 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, and further provided that no accessory building shall extend within the setback line on either street.
A fence, wall, hedge, or shrubbery may be erected, placed, maintained or grown along a lot line on residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level. No fence, wall, hedge or shrubbery which is located in a required front or corner side yard shall exceed a height of three feet. In a required rear yard, the height of fences, walls, or hedges shall be limited to eight feet, unless the rear lot line abuts a side lot line on neighboring property, in which case, the height limitation shall be six feet. No fence, wall, hedge, or shrubbery shall be erected, placed, maintained, or grown along a lot line on any nonresidentially zoned property to a height exceeding eight feet.
In the Agricultural and AG-FP Districts, no fence, wall, hedge, or shrubbery shall be erected, constructed, maintained, or grown to a height exceeding three feet above the ground within 15 feet of any street right-of-way or street right-of-way projected.
In the Business and Light Industrial Districts, no fence, wall, hedge, or shrubbery shall be erected, constructed, maintained, or grown to a height exceeding three feet above the ground within 15 feet of any street right-of-way or street right-of-way projected.
Fencing not in the required setback area may not exceed eight feet in any zone.
No construction or installation of a swimming pool, spa or hot tub shall begin unless a permit therefor has been obtained. The application for such permit shall be accompanied by a site plan showing the size, location, and description of the property. The cost of permit is per the Town's Fee Schedule.
Editor's Note: The Fee Schedule is on file in the Town offices.
Permanent aboveground or in-ground pools, spas or hot tubs shall have minimum side yard and rear yard setback of 15 feet from respective property lines. In determining this setback for aboveground pools with permanent fencing or decks, any deck, walkway, or similar structure shall be considered part of the pool, spa or hot tub.
All pools, spas and hot tubs shall be encompassed by fencing as provided under this section. In lieu of the fencing specified, such swimming pool shall be protected and enclosed, when not under the supervision of a responsible adult, by means of a heavy-duty power safety cover, meeting the most recent specifications approved by the American Society for Testing and Materials (ASTM) for swimming pool covers under the fixed designation standard ASTM F-1346-91. The safety pool cover shall provide a continuous connection between the cover and adjacent pool to prohibit access to the pool when the cover is completely drawn over the pool. The cover controls shall be operated by a locking device and key located 56 inches above the ground, and so positioned that the operator can clearly see the pool when opening and closing the cover. Spas and hot tubs do not need fence protection as long as their covers can be fastened and locked when unattended.
All fences under this section shall be constructed in such a manner as to comply with the following requirements:
The fence must be able to withstand 200 pounds of force in any direction.
The fence shall be so constructed and designed so as to prevent penetration of an object greater than four inches in diameter.
All such fences shall be constructed with a locking door or gate which complies with all other height and structural requirements in this section. Pedestrian gates shall be self-closing and self-latching. Other gates shall be locked.
Permanent in-ground pools shall be encompassed by a freestanding fence not less than 48 inches nor more than 96 inches from the ground level. Such fence shall be no less than three feet from the pool at its nearest point. The fence shall comply with Subsection D above. A house, wall, storage building, or pool wall shall be considered part of the fence for this chapter.
Aboveground pools with nonclimbable sides and self-contained fencing will be allowed without separate fencing, provided that the pool and fence reach the minimum forty-eight-inch standard and the steps or ladder is either removable without the use of tools or is designed to be secured in an inaccessible position with a lock or latch. Aboveground pools without self-contained fencing shall comply with one or any combination of options listed below and comply with Subsection D of this section:
A fence no closer than three feet to the pool, provided that such fence is at least 36 inches above the top edge of the pool and not less than 48 inches nor more than 96 inches from ground level.
Portable pools over one foot in depth must be drained, or covered in such a manner as to provide public safety after each day's use.
No person shall operate a public swimming pool on any lot without Town Board approval. The operation of a public swimming pool on any lot is declared to be a public nuisance. A public swimming pool is any swimming pool operated by the owner or lessee thereof for financial gain, no matter how incidental the financial gain is to the overall operation.
No residential swimming pool, hot tub or spa shall be so located, designed, operated, or maintained as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the swimming pool or located in the neighborhood.
Lights used to illuminate any residential swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises.
No person shall make, continue or cause to be made or continued at any residential swimming pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others. In the operation of a residential swimming pool, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing of the persons who are in the residential swimming pool premises, shall be prohibited.
Every person using an outdoor residential swimming pool shall wear a bathing suit or other suitable garment to protect his/her person from indecent exposure.
Filtration systems shall be maintained in proper working order. The swimming pool, hot tub or spa shall be kept clean and in a sanitary condition at all times.
Each residential lot shall have a private driveway extending to that lot's active minimum public road frontage from said residence. Said driveway to be contained entirely on the same residential lot.