A.
Jurisdiction. The jurisdiction of this chapter shall apply to all
structures, lands, water and air within the corporate limits of the
Village of Fredonia.
B.
Compliance. No structure, 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.
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.
Number of residential buildings on a zoning lot. Except in the case
of planned residential developments, not more than one principal detached
residential building shall be located on a zoning lot nor shall a
principal detached residential building be located on the same zoning
lot with any other principal building.
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. 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.
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this chapter and obtain all required permits, state
agencies are required to comply if § 13.48(13), Wis. Stats.,
applies. The construction, reconstruction, maintenance and repair
of state highways, and bridges by the Wisconsin Department of Transportation
are exempt from compliance when § 30.2022, Wis. Stats.,
applies.
Only the following uses and their essential services may be
allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses specified
for a district.
B.
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.
Conditional uses.
(1)
Conditional uses and their accessory uses are considered as special uses, requiring, for their authorization, review, public hearing and approval by the Planning 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 Code require no action by the Village Board for them to continue
as valid conditional uses, and the same shall be deemed to be "regular"
conditional uses.
(3)
A proposed change from a permitted use in a district to a conditional use shall require review, public hearing and approval by the Planning Commission in accordance with Article IV of this chapter.
(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 Planning Commission in accordance with Article IV of this chapter.
(5)
Conditional uses authorized by the Planning Commission may, at its discretion, be limited in time under Article IV of this chapter.
(6)
A conditional use permit shall be deemed to authorize only one particular
conditional use, and the permit shall be declared null and void if
the conditional use shall cease for more than six months for any reason.
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, upon the recommendation of the Planning 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 Planning Commission, 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 so desires; thereafter,
the Planning Commission may affirm, modify or withdraw its determination
of unsuitability when making its recommendation to the Village Board.
B.
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 approval of the Planning Commission and prior written notification of the abutting property owner, 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. Retaining walls are permitted under § 575-83G.
C.
Decks. For purposes of this chapter, decks and porches shall be considered
a part of a building or structure.
D.
Frontage. All lots shall abut upon a public street, and each lot
shall have a minimum frontage of 40 feet, measured at the right-of-way.
E.
Principal structures. All principal structures shall be located on
a lot. In single-family and two-family residential districts only
one principal structure shall be located, erected or moved onto a
lot. The Village Board may permit more than one structure per lot
in other districts where more than one 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 and parking requirements, or require a minimum
separation distance between principal structures.
F.
Public street dedication. No zoning permit shall be issued for a
lot which abuts a public street dedicated to only a portion of its
proposed width if the lot is located on the side of the street from
which the required dedication has not been secured.
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.
