These regulations are adopted under the authority
granted by ss. 61.35 and 62.23(7) of the Wisconsin Statutes.
The purpose of this chapter is to promote the
health, safety, morals, prosperity, aesthetics and general welfare
of this community.
It is the general intent of this chapter to
regulate and restrict the use of all structures, lands and waters;
regulate and restrict lot coverage, population distribution and density,
and the size and location of all structures, so as to lessen congestion
in and promote the safety and efficiency of the streets and highways;
secure safety from fire, flooding, panic and other dangers; provide
adequate light, air, sanitation and drainage; prevent overcrowding;
avoid undue population concentration; facilitate the adequate provision
of public facilities and utilities; stabilize and protect property
values; further the appropriate use of land and conservation of natural
resources; preserve and promote the beauty of the community; and implement
the Comprehensive Master Plan or Comprehensive Master Plan components.
It is further intended to provide penalties for its violation.
It is not intended by this chapter to repeal,
abrogate, annul, impair or interfere with any existing easements,
covenants, deed restrictions, agreements, ordinances, rules, regulations
or permits previously adopted or issued pursuant to laws. However,
wherever this chapter imposes greater restrictions, the provisions
of this chapter shall govern.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
and shall be liberally construed in favor of the village and shall
not be deemed a limitation or repeal of any other power granted by
Wisconsin Statutes.
This chapter shall be known as, referred to
or cited as the "Zoning Ordinance, Village of Cottage Grove, Wisconsin."
The interpretation of this chapter shall abide
by the provisions and rules of this section, except where the context
clearly requires otherwise or where the result would clearly be inconsistent
with the manifest intent of this chapter.
A.Â
Words used or defined in one tense or form shall include
other tenses and derivative forms.
B.Â
Words in the singular number shall include the plural
number, and words in the plural number shall include the single number.
C.Â
The masculine gender shall include the feminine, and
vice versa.
D.Â
The words "shall," "must" and "will" are mandatory.
E.Â
The words "may," "can" and "might" are permissive.
F.Â
The word "person" includes individuals, firms, corporations,
partnerships, associations, trusts and any other legal entity.
G.Â
The word "Village" shall mean the Village of Cottage
Grove, Wisconsin.
H.Â
The word "county" shall mean the County of Dane, Wisconsin.
I.Â
The word "state" shall mean the State of Wisconsin.
J.Â
The word "Commission" shall mean the Village of Cottage
Grove Plan Commission.
K.Â
The words "Board" and "Village Board" shall refer
to the Village of Cottage Grove Village Board.
L.Â
The word "Board of Appeals" shall mean the Village
of Cottage Grove Zoning Board of Appeals.
M.Â
If there is any ambiguity between the text of this
chapter and any caption, illustration or table, the text shall control.
The following abbreviations in this chapter
are intended to have the following meanings
|
Abbreviation
|
Meaning
|
|---|---|
|
ac
|
acre
|
|
CB
|
Central Business District
|
|
db
|
decibel
|
|
du
|
dwelling unit
|
|
AR
|
floor area ratio
|
|
ft
|
foot
|
|
GI
|
General Industrial District
|
|
GSA
|
gross site area
|
|
HI
|
Heavy Industrial District
|
|
HR-9
|
Historic Residential-9 District
|
|
ISR
|
impervious surface ratio
|
|
LSR
|
landscape surface ratio
|
|
max
|
maximum
|
|
MBS
|
maximum building size
|
|
MGD
|
maximum gross density
|
|
min
|
minimum
|
|
MH
|
maximum height
|
|
MLA
|
maximum lot area
|
|
MSA
|
minimum site area
|
|
MR-10
|
Multifamily Residential-10 District
|
|
MR-12
|
Multifamily Residential-12 District
|
|
na
|
not applicable
|
|
NB
|
Neighborhood Business District
|
|
NO
|
Neighborhood Office District
|
|
NDA
|
net developable area
|
|
nonres
|
nonresidential
|
|
PB
|
Planned Business District
|
|
PI
|
Planned Industrial District
|
|
PO
|
Planned Office District
|
|
PUD(_-_)
|
Planned Unit Development District
|
|
res
|
residential
|
|
RPA
|
resource protection area
|
|
RH
|
Rural Holding District
|
|
SR-4
|
Single-Family Residential-4 District
|
|
sf or sq.ft.
|
square feet
|
|
TR-8
|
Two-Family Residential-8 District
|
|
8-
|
eight or fewer
|
|
9+
|
nine or more
|
|
16+
|
16 or more
|
|
#F
|
number of floors
|
|
-
|
or fewer
|
|
+
|
or more
|
The following words, terms and phrases, wherever
they occur in this chapter, shall have the meanings ascribed to them
by this section. Definitions provided by this section include:
Having a common border with, or being separated from such
common border by an alley or easement.
A means of vehicular or nonvehicular approach, i.e., entry
to or exit from a property, street or highway.
A condition of immediate physical connection resulting from
adjacency of a road or right-of-way abutting a property.
A means of vehicular or nonvehicular approach, entry to or
exit from property from a source other than a public street or highway.
Forty-three thousand five hundred sixty square feet.
A structure subordinate to and serving the principal structure on the same lot and customarily incidental thereto. See § 325-20C.
[Amended 4-21-2014 by Ord. No. 03-2014]
A use subordinate to and serving the principal use on the same lot and customarily incidental thereto. See § 325-20C.
[Added 4-21-2014 by Ord. No. 03-2014]
See § 325-49C(2).
An area that is typified by a concentration of nonresidential
and/or multifamily development.
Any walled and roofed expansion to the perimeter and/or height
of a building in which the addition is connected by a common load-bearing
wall. Any walled and roofed addition which is connected by a firewall
or is separated by independent perimeter load-bearing walls is new
construction.
Abutting, or being located directly across a right-of-way
from, a separate lot.
See § 325-37.
See § 325-49B.
See § 325-49B(4).
See § 325-79.
See § 325-49F(2).
A public right-of-way, usually of reduced width, which affords
a secondary means of access to abutting property.
See § 325-110.
See § 325-111.
A measure that represents a common denominator for the purpose
of defining a husbandry or intensive agricultural land use. The animal
unit measure relates to the carrying capacity of one acre of land
and is related to the amount of feed various species consume and the
amount of waste they produce. The following table indicates the number
of common farm species that comprise a single animal unit:
|
Animal Unit Table
| ||
|---|---|---|
|
Type of Livestock
|
Number of Animals/Animal Unit
| |
|
Horse (greater than 2 years)
|
1.0
| |
|
Colt (less than 2 years)
|
2.0
| |
|
Cattle (greater than 2 years)
|
1.0
| |
|
Cattle (less than 2 years)
|
2.0
| |
|
Calves (greater than 1 year)
|
4.0
| |
|
Brood sow or boar
|
2.5
| |
|
Hogs (up to 220 pounds)
|
5.0
| |
|
Sheep
|
7.0
| |
|
Lambs
|
14.0
| |
|
Chickens
|
200.0
| |
|
Other poultry
|
200.0
| |
|
Source: The Stockman's Handbook
|
See § 325-49A(1)(g).
A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter. See § 325-114.
See "street, arterial."
The average level of the finished surface of the ground adjacent
to the exterior walls of a building or structure.
The flood having a one-percent chance of being equaled or
exceeded in any given year; the one-hundred-year flood.
A portion of a building located partly underground but having
one-half or less of its floor-to-ceiling height below the average
grade of the adjoining ground.
See § 325-49D(12).
A room in a residence marketed, designed or otherwise likely
to function primarily for sleeping.
See § 325-114.
See § 325-49D(15).
Any permitted combination of distance, vegetation, fencing
and berming which results in a reduction of visual and other interaction
with an adjoining property.
A structure built, maintained or intended for use for the
shelter or enclosure of persons, animals or property of any kind.
The term is inclusive of any part thereof. Where independent units
with separate entrances are divided by shared walls, each unit is
a building.
A building which:
Is subordinate to and serves a principal structure
or a principal use;
Is subordinate in area, extent and purpose to
the principal structure or use served;
Is located on the same lot as the principal
structure or use served except as otherwise expressly authorized by
provisions of this chapter; and
Is customarily incidental to the principal structure
or use. Any portion of a principal building devoted or intended to
be devoted to an accessory use is not an accessory building.
The percentage of a lot covered by principal and accessory
buildings, including all structures with a roof.
That exterior wall of a building that faces the front lot
line of the lot.
The vertical distance from the lowest elevation of the adjoining
ground level or the established grade, whichever is lower, to the
top of the cornice of a flat roof, to the deck line of a mansard roof,
to a point of the roof directly above the highest wall of a shed roof,
to the uppermost point on a round or other arch-type roof or to the
midpoint distance of the highest gable on a pitched or hip roof. Unless
excepted by specific provisions in this chapter, building height includes
the height of any structures attached to a building.
A line on a lot, generally parallel to a lot line or road
right-of-way line, located a sufficient distance therefrom to provide
the minimum yards required by this chapter. The building line determines
the area in which buildings are permitted subject to all applicable
provisions of this chapter. This is also referred to as a "setback."
A component of a group development which conforms to the lot lines of developments which are not group developments in that required minimum setback distances are measured from the building envelope line. (Refer to § 325-50.)
A building in which is conducted, or in which is intended
to be conducted, the main or principal use of the lot on which it
is located.
The narrowest distance between two buildings. See "minimum
building separation."
The total gross floor area of a building, including basements
but not crawl spaces. See "maximum building size."
The combination of building height, size and location on
a lot.
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
of Natural Resources pursuant to s. 30.11, Wis. Stat., and which allows
limited filling between this bulkhead line and the original ordinary
high water mark, except where such filling is prohibited by the floodway
provisions of this chapter.
See § 325-49G(4).
A measurement of the size of a tree equal to the diameter
of its trunk measurement 0.5 foot above natural grade. Used for trees
in a nursery setting.
See § 325-49D(14).
[Amended 4-21-2014 by Ord. No. 03-2014]
The amount of light that will illuminate a surface one foot
distant from a light source to an intensity of one footcandle. Maximum
(peak) candlepower is the largest amount of candlepower emitted by
any lamp, light source or luminaire.
A dwelling unit which is used exclusively by either the owner, manager or operator of a principal permitted use and which is located on the same parcel as the principal use. See § 325-49H(23).
An open sided, roofed vehicle shelter, usually formed by extension of the roof from the side of a building. See § 325-49H(3).
That portion of the building having more than 1/2 of the
floor-to-ceiling height below the average grade of the adjoining ground.
See § 325-40C.
See § 325-909.
See § 325-49B(7).
A window in which the lowest glassed area is a minimum of
seven feet above the level of the floor located directly under the
window.
A tree that would occupy the uppermost canopy of a forest in a natural ecological situation. These trees are often referred to as shade trees. Examples include hickory, oak, maple, etc. See § 325-58.
[Amended 4-21-2014 by Ord. No. 03-2014]
See "street, collector."
See § 325-49D(10).
See § 325-49H(1).
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-40, Business districts.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49D(11).
See § 325-49D.
Any motor vehicle used for business or institutional purposes
or having painted thereon or affixed thereto a sign identifying a
business or institution or a principal product or service of a business
or institution. Agricultural equipment used as part of a permitted
agricultural principal use shall not be considered as a commercial
vehicle.
See § 325-49G(3).
The impression that an area makes in regard to the type,
intensity, density, quality, appearance and age of development.
See § 325-49C(7) through (9)
See § 325-49H(5).
See § 325-49E(6).
The Comprehensive Master Plan of the Village of Cottage Grove,
Wisconsin, adopted April 17, 2000, and as subsequently amended.
See § 325-90.
The installation of foundation footings and/or materials
for road construction.
See § 325-49I(4).
See § 325-49I(3).
See § 325-49A(1).
An exterior door or group of exterior doors available for
customer entry or exit during business hours. Any exterior door or
group of exterior doors located more than 100 feet from the nearest
exterior door or group of doors shall be considered a separate customer
access area.
See § 325-49B(1).
See "family day-care home," "intermediate day-care home"
or "group day-care center."
A structure that has no roof or walls. Can be attached or
detached to the principal structure. If attached or serving as a second
exit, it is required to have main supports and continuous footings
below grade by 48inches and must be raised above grade and must comply
with the principal setback requirements. If detached, shall be an
accessory structure.
The transfer of property interest from private to public
ownership for a public purpose. The transfer may be of fee-simple
interest or of a less than fee-simple interest, including an easement.
A term used to describe the number of dwelling units per
acre.
The legal or beneficial owner(s) of a lot or parcel of any
land proposed for inclusion in a development, including an optionee
or contract purchaser.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any buildings; any use or change in use
of any buildings or land; any extension of any use of land; or any
clearing, grading or other movement of land, for which permission
may be required pursuant to this chapter.
The area of a lot where site disruption will occur, including
building areas, paved areas, yards and other areas on nonnative vegetation,
and areas devoted to septic systems.
See § 325-49E.
See § 325-49F(4).
The removal of surface water or groundwater from land by
drains, grading or other means. Drainage includes the control of runoff,
to minimize erosion and sedimentation during and after development,
and the means necessary for water supply preservation or prevention
or alleviation of flooding.
Non-navigable, aboveground watercourses, detention basins
and/or their environs which are identified by the presence of one
or more of the following:
All areas within 75 feet of the ordinary high
water mark of a perennial stream as shown on USGS 7.5 minute topographic
maps for the Village of Cottage Grove and its environs;
All areas within 50 feet of the ordinary high
water mark of an intermittent stream or open channel drainageway as
shown on USGS 7.5 minute topographic maps for the Village of Cottage
Grove and its environs.
See § 325-92.
See § 325-49H(18).
Outer perimeter edge of a tree canopy as transferred perpendicularly
to ground level.
See § 325-49D(9), Outdoor commercial entertainment.
[Amended 4-21-2014 by Ord. No. 03-2014]
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
which is outside the floodplain, such as a road with its surface above
the regional flood elevation and wide enough to accommodate wheeled
vehicles.
See § 325-49A(1)(b).
A building or one or more portions thereof containing one
or more dwelling units, but not including habitations provided in
nonresidential uses such as lodging uses and commercial campgrounds.
A dwelling joined to another dwelling at one or more sides
by a shared wall or walls.
A dwelling entirely surrounded by open space on the same
lot.
A room or group of rooms providing or intended to provide
permanent living quarters for not more than one family.
The narrowest distance between two dwelling units. See "minimum
dwelling unit" separation.
Written authorization, recorded in the Register of Deeds'
office, from a landowner authorizing another party to use any designated
part of the landowner's property for a specified purpose.
See § 325-86.
A non-basement building built to have its lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (post and piers), shear walls or breakaway
walls.
Any fill, structure, building, use or development in a floodway,
easement, right-of-way or neighboring property.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste or thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
The area in which the Village of Cottage Grove exercises
extraterritorial powers.
The detachment and movement of soil or rock fragments by
water, wind, ice and/or gravity.
Facilities that are:
Owned or maintained by public utility companies
or public agencies, and;
Located in public ways or in easements provided
for the purpose or on a customer's premises and not requiring a private
right-of-way, and;
Reasonably necessary for the furnishing of adequate
water, sewer, gas, electric, communication or similar services to
adjacent customers, and;
Not including any cross-country line on towers.
See § 325-80, Fire and explosive hazards.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49H(22).
See § 325-49G(4).
The area outside of the Village Limits in which the Village
of Cottage Grove may exercise extraterritorial powers of planning,
land division and/or zoning review.
An individual or two or more persons, each related by blood,
marriage or adoption, living together as a single housekeeping unit,
or a group of not more than 4 persons not so related, maintaining
a common household in which bathrooms, kitchen facilities and living
quarters are shared.
See § 325-49H(11).
See § 325-49H(2).
Fees are updated annually; see the Village Administrator.
Any fence that is greater than 90% opaque. Such fences include
basket weave fences, stockade fences, plank fences and similar fences
but not picket fences or other similar fences that can be seen through.
See § 325-88, Fences and hedges.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49H(19).
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-80, Fire and explosive hazards.
[Amended 4-21-2014 by Ord. No. 03-2014]
The top surface above an unfinished basement, cellar or crawl
space that is intended for living quarters.
See Chapter 183, Floodplain Zoning.
[Amended 4-21-2014 by Ord. No. 03-2014]
The sum of the gross horizontal areas of the several floors
of a building, including interior balconies, mezzanines, basements
and attached accessory buildings, fitting rooms, stairs, escalators,
unenclosed porches, detached accessory buildings utilized as dead
storage, heating and utility rooms, inside off-street parking or loading
space. Measurements shall be made from the inside of the exterior
walls and to the center of interior walls.
The ratio calculated by dividing the total floor area of
all buildings on a site by the gross site area. See "maximum floor
area ratio."
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
Represents a factor of safety usually expressed in terms
of a certain amount of feet above a calculated flood level. Freeboard
compensates for the many unknown factors that contribute to flood
heights greater than the height calculated. These unknown factors
may include, but are not limited to, ice jams, debris accumulation,
wave action, obstruction of bridge openings and floodways, the effects
of urbanization on the hydrology of the watershed, loss of flood storage
areas due to development and the sedimentation of a river or stream
bed.
See § 325-49F(3).
A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rated capacity not in excess of 10,000 pounds. See § 325-49H(3).
A graphic representation of the anticipated utilization of
the floor area within a building or structure, but not necessarily
as detailed as construction plans.
See § 325-41B.
See § 325-49I(1).
The brightness of a light source that causes eye discomfort.
See § 325-81, Glare and heat.
[Amended 4-21-2014 by Ord. No. 03-2014]
The result of dividing the number of dwelling units located
on a site by the gross site area. See "maximum gross density."
The total floor area on all levels of a building.
The total area of a site available for inclusion in calculations
of the maximum permitted density or intensity of development.
See § 325-49D(13).
See § 325-50.
Any building, or portion thereof, used for human habitation.
See § 325-81, Glare and heat.
[Amended 4-21-2014 by Ord. No. 03-2014]
Publication or posting meeting the requirements of Chapter
985, Wis. Stats. Class 1 notice is the minimum required for appeals;
published once at least one week (seven days) before hearing. Class
2 notice is the minimum required for all zoning ordinances and amendments,
including map amendments: published twice, once each week consecutively,
the last at least a week (seven days) before the hearing. Local ordinances
or bylaws may require additional notice exceeding these minimums.
See § 325-49G(2).
See § 325-41C.
See "building height."
See § 325-49F(2).
Any danger to human life or public health or the potential
for any significant economic loss to a structure or its contents.
See § 325-38D.
A zoning district designed to limit development potential
until adequate public services and infrastructure are provided.
See § 325-49H(9).
[Amended 4-21-2014 by Ord. No. 03-2014]
See "commercial indoor lodging."
See § 325-49B(2).
Areas designed and installed to prohibit infiltration of
stormwater. Homes, buildings and other structures, as well as concrete,
brick, asphalt and similar paved surfaces, are considered impervious.
Gravel areas and areas with landscaped pavers which are intended for
vehicular traffic are considered to be impervious.
A calculated upward rise in the regional flood elevation,
equal or greater than 0.01 foot, resulting in comparison of existing
conditions and proposed conditions which is directly attributable
to manipulation of mathematical variables such as roughness factors,
expansion and contraction coefficients and discharge.
See § 325-49D(8).
See § 325-49C(3).
See § 325-49D(5).
See § 325-49D(3), Indoor sales or service.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49H(8).
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49D(3), Indoor sales or service.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49E(1), Indoor storage or wholesaling.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49E(1), Indoor storage or wholesaling.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-41.
See § 325-49G.
Development located in areas that are largely developed already.
See § 325-49C.
See § 325-49C(6).
[Amended 4-21-2014 by Ord. No. 03-2014]
Institutional residential land uses include group homes, convents, monasteries, nursing homes, convalescent homes, limited care facilities, rehabilitation centers and similar land uses not considered to be community living arrangements under the provisions of Wisconsin Statutes s. 62.23. See § 325-49C(6).
A term used to describe the amount of gross floor area or
landscaped area, on a lot or site, compared to the gross area of the
lot or site.
See § 325-49B(3).
See § 325-49H(12).
See § 325-49D(7), In-vehicle sales and service.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49H(7), In-vehicle sales and services.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49D(7), In-vehicle sales and service.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49H(7), In-vehicle sales and services.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49E(4).
Those lands lying within the following distances from the
ordinary high water mark of navigable waters: 1,000 feet from a lake,
pond, or flowage; and 300 feet from a river or stream; or to a landward
side of the floodplain, whichever distance is the greater. Lakeshores
shall not include those lands adjacent to farm drainage ditches where
such lands are not adjacent to a navigable stream or river; those
parts of such drainage ditches adjacent to such lands were not navigable
streams before ditching or had no previous stream history; and such
lands are maintained in nonstructural agricultural use.
Unit of measure used to determine compliance with the Landscaping Ordinance, see § 325-57.
[Amended 4-21-2014 by Ord. No. 03-2014]
The area of a site which is planted and continually maintained
in vegetation, including grasses, flowers, herbs, garden plants, native
or introduced ground covers, shrubs, bushes, and trees. Landscaped
area includes the area located within planted and continually maintained
landscaped planters.
The percentage of the gross site area or lot area which is
preserved as permanently protected landscaped area.
The type of development and/or activity occurring on a piece of property, see § 325-49.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49H(20).
See § 325-49G(1).
See § 325-49H(9).
See § 325-78, Exterior lighting standards.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-74, Off-street loading patterns.
[Amended 4-21-2014 by Ord. No. 03-2014]
See "street, collector."
See "street, local residential."
See "street, local."
A parcel of land that is undivided by any street or private
road; is occupied by, or designated to be developed for, one building
or principal use; and contains the accessory buildings or uses customarily
incidental to such building, use or development, including such open
spaces and yards. See:parcel."
The area contained within the property boundaries of a recorded
lot.
A lot situated at the junction of and abutting on two or
more intersection streets or a lot at the point of deflection in alignment
of a continuous street, the interior angle of which does not exceed
135 °.
The average distance between the front lot line and the rear
lot line of a lot.
Lot width measured at the street lot line. When a lot has
more than one street lot line, lot width shall be measured, and the
minimum lot width required by this chapter, shall be provided at each
such line.
A lot other than a corner lot.
The property line (including the vertical plane established
by the line and the ground) bounding a lot, except that where any
portion of a lot extends into the public right-of-way or a proposed
public right-of-way, the line of such public right-of-way shall be
the lot line for applying this chapter.
A lot line that abuts a public or private street right-of-way.
In the case of a lot having two or more street frontages, the lot
line along the street from which the house is addressed shall be the
front lot line and the other lot line or lines shall be street side
lot lines.
In the case of rectangular or most trapezoidal shaped lots,
that lot line which is parallel to and most distant from the front
lot line of the lot. In the case of an irregular, triangular or gore-shaped
lot, a line 20 feet in length, entirely within the lot, parallel to
and at the maximum possible distance from the front line, shall be
considered to be the rear lot line. In the case of lots which have
frontage on more than one road or street, the rear lot line shall
be selected by the property owner.
Any boundary of a lot that is not a front lot line, a street
side lot line or a rear lot line.
Any lot line that abuts a public or private street right-of-way
which is not the front lot line.
A platted lot or lot described in a certified survey map
or in a metes and bounds description which has been approved by the
Village or by Dane County; and has been recorded in the office of
the Register of Deeds; or was created prior to September 15, 1978.
A lot that has a pair of opposite lot lines abutting two
substantially parallel streets (one or more of which may be a portion
of a cul-de-sac).
The maximum horizontal distance between the side lot lines
of a lot, measured parallel to the front lot lines and at the rear
of the required front yard. See "minimum lot width."
The lowest enclosed floor (including basement). Any unfinished
or flood-resistant enclosure, usable solely for parking vehicles,
building access or storage, in an area other than a basement area,
is not considered a building's lowest floor, provided that such enclosed
area is not built so as to render the structure in violation of the
applicable nonelevation design requirements of this chapter.
A guarantee of facilities or work to either ensure the correction
of any failures of any improvements required pursuant to this chapter
or to maintain same.
A plan, map, report or other document pertaining to the physical
development of the Village, which has been adopted by the Village
Plan Commission, as described in Wis. Stats., s. 62.23(2) and (3),
and containing the elements described in Wis. Stats., s. 66.1001(2).
[Amended 4-21-2014 by Ord. No. 03-2014]
The largest permitted area of all accessory buildings on
a lot.
The largest permitted area of all buildings on a lot.
The largest permitted total gross floor area a building may
contain. See "building size."
The largest amount of floor area permitted on a lot. See
"floor area ratio."
The maximum number of dwelling units permitted per acre of
gross site area. See "gross density.
The maximum height of the highest portion of any structure.
See "building height."
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49H(13).
The narrowest permitted building separation.
The narrowest permitted dwelling unit separation.
The lowest elevation permissible for the construction, erection
or other placement of any floor, including a basement or cellar floor,
but not a crawl space floor.
The lowest permitted landscape surface ratio. See "landscape
surface ratio."
The minimum size lot permitted within the specified zoning
district and development option.
The smallest permissible lot width for the applicable dwelling
unit type or nonresidential development option.
The narrowest distance permitted from a street, side or rear
property line to a structure.
The minimum gross site area in which the specified development
option may occur. See "gross site area (GSA)."
See § 325-49E(3), Personal storage facility.
[Amended 4-21-2014 by Ord. No. 03-2014]
See "structure, minor."
See § 325-49A(1)(h).
See § 325-49A(4).
See § 325-49A(3).
See § 325-49D(4), Outdoor display.
[Amended 4-21-2014 by Ord. No. 03-2014]
See "commercial indoor lodging."
See "commercial indoor lodging."
See "freight terminal."
See § 325-49A(1)(f).
See § 325-38E.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-38F.
[Amended 4-21-2014 by Ord. No. 03-2014]
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin and all rivers, streams, ponds, sloughs, flowages and other
waters within the territorial limits of this state, including the
Wisconsin portion of boundary waters, which are navigable under the
laws of this state. The Wisconsin Supreme Court has declared navigable
all bodies of water with a bed differentiated from adjacent uplands
and with levels of flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis. [Muench
v. Public Service Commission, 261 Wis. 492 (1952), and DeGaynor and
Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]
For the purposes of this chapter, rivers and streams will be presumed
to be navigable if they are designated as either continuous or intermittent
waterways on the United States Geological Survey quadrangle maps until
such time that the Wisconsin Department of Natural Resources has made
a determination that the waterway is not, in fact, navigable.
See § 325-40A.
See § 325-39A.
The area of a site that may be disturbed by development activity.
Net developable area is the result of subtracting required resource
protection area (RPA) from the gross site area (GSA).
See § 325-83.
Any building or other structure which was lawfully existing
under ordinances or regulations preceding this chapter but which would
not conform to this chapter if the building or structure were to be
erected under the provisions of this chapter.
A lawful development approved under ordinances or regulations preceding the effective date of this chapter but which would not conform to this chapter if the development were to be created under the current provisions of this chapter. See § 325-24.
An active and actual use of land, buildings or structures which was lawfully existing prior to this chapter, which has continued as the same use to the present, and which does not comply with all the applicable regulations of this chapter. See § 325-24.
See § 325-34.
Material capable of causing injury to living organisms by
chemical reaction or is capable of causing detrimental effects on
the physical or economic well-being of individuals.
See § 325-85.
Any development which physically blocks the conveyance of
floodwaters such that this development by itself or in conjunction
with any future similar development will cause an increase in regional
flood height.
See § 325-49D(1).
See § 325-39.
The map adopted and designated by the Village as being the
"Official Map" pursuant to s. 66.23(6), Wis. Stats.
See § 325-49F(1).
Located on the lot in question, except in the context of
on-site detention, when the term means within the boundaries of the
development site as a whole.
See § 325-49B(5).
See § 325-49H(14).
See § 325-49I(6).
The degree to which vision is blocked by bufferyard. Opacity
is the proportion of a bufferyard's vertical plane that obstructs
views into an adjoining property.
An unenclosed portion of a lot or lot of record where goods
are displayed for sale, rent or trade.
The point on the bank or shore of a body of water up to which
the presence and action of surface water is so continuous as to leave
a distinctive mark such as by erosion, destruction or prevention of
terrestrial vegetation, predominance of aquatic vegetation or other
easily recognized characteristics.
Permanently protected green space areas, which are not constrained
by one of the protected natural resources (wetlands, floodplains,
steep slopes, lakeshores, drainageways and woodlands). Examples include
portions of private lots, outlots or parcels commonly held by a property
owners' association which are deed restricted from site disruption.
See § 325-49I(2).
See § 325-49D(9).
See § 325-49D(4).
See § 325-49H(6).
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49C(4).
See § 325-49D(6).
See § 325-49I(7), Seasonal outdoor sales of farm products.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49E(2), Outdoor storage and wholesaling.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49E(2), Outdoor storage and wholesaling.
[Amended 4-21-2014 by Ord. No. 03-2014]
The person, persons or entity having the right of legal title
to a lot or parcel of land.
See "development pad."
The area within the boundary lines of a lot. See "lot."
An area of parking spaces within a parking lot substantially
separated from other areas of the parking lot by landscaped islands
or medians.
See § 325-75F(9).
See § 325-75G(3).
See § 325-75F(7).
See § 325-75, Off-street parking and traffic circulation standards.
[Amended 4-21-2014 by Ord. No. 03-2014]
See § 325-49C(1).
See § 325-26.
A financial guarantee to ensure that all improvements, facilities
or work required by this chapter will be completed in compliance with
the chapter, regulations and the approved plans and specifications
of a development.
Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. See Article VI.
The distance between a structure and the boundary of a development
option.
An area in which site disruption and/or development is strictly
limited.
See § 325-20A.
See § 325-49D(2).
See § 325-49E(3).
See § 325-49J(13).
The Plan Commission of the Village of Cottage Grove.
See § 325-40B.
See § 325-42A.
See § 325-41A.
See § 325-39B.
See "parking area pod."
See "building, principal."
See § 325-49H(16).
See § 325-49H(15).
See § 325-49H(17).
See § 325-49D(2).
Resources such as floodways, flood fringes, floodplain conservancy
areas, wetlands, drainageways, woodlands, steep slopes and lakeshores.
Any improvement, facility or service, together with customary
improvements and appurtenances thereto, necessary to provide for public
needs such as streets, roads, alleys or pedestrian walks or paths,
storm sewers, flood control improvements, water supply and distribution
facilities, sanitary sewage disposal and treatment, public utility
and energy services.
See § 325-49C(5).
See "lot of record."
A vehicle designed and used principally for the transport
of persons.
See § 325-49I(5).
The area of a site which may not be disturbed by development
activity and which must also be reserved as permanently protected
green space. Required resource protection area is the result of subtracting
the net developable area (NDA) from the gross site area (GSA).
A collector street serving primarily residential land uses
which primarily serves to connect local residential streets to collector
or arterial streets.
See § 325-38.
See § 325-49A.
A property located in a residential district per § 325-34.
A regulation imposed by this chapter is more (less) restrictive
than another if it prohibits or limits development to a greater (lesser)
extent or by means of more (less) detailed specifications.
See "indoor commercial entertainment."
See "in-vehicle sales and service."
See § 325-37A.
See § 325-49E(4).
A term used to describe the gross floor area, height or volume
of a single structure or group of structures.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a result of erosion.
See § 325-49B(6).
See § 325-49H(21).
A privately owned sewage treatment and disposal system serving
a single structure with a septic tank and soil absorption field located
on the same parcel as the structure. This term also means an alternative
sewage system approved by the state, including a substitute for the
septic tank or soil absorption field, a holding tank, a system serving
more than one structure or a system located on a different parcel
than the structure.
A sewage treatment and disposal system approved by the State
Department of Natural Resources and maintained by a public agency
authorized to operate such systems. This includes the Village of Cottage
Grove sewer system.
The shortest distance between a building's or structure's
exterior and the nearest point on the referenced lot line. See "minimum
setback."
See § 325-49D(16).
See "group development."
Lands within the following distances from the ordinary high watermark of navigable waters: 1,000 feet from a lake, pond or flowage and 300 feet from a river or stream or to the landward side of a floodplain, whichever distance is greater. See Chapter 183.
A low-lying deciduous or evergreen plant. See § 325-63.
See Article VII.
See § 325-91C.
See § 325-49A(1)(a).
See § 325-38A.
See § 325-38B.
See "gross site area."
A window or other paned area located on the ceiling or roof
of a structure.
A device, structure, or a part of a device/structure with
the primary purpose of transforming solar energy (direct radiant energy
received from the sun) into thermal, chemical, or electrical energy.
[Added 6-21-2021 by Ord.
No. 05-2021]
A building permit shall be acquired per § 130-6 prior to the installation of a solar energy collection system.
Any conditions or restrictions placed on the solar energy collection
system shall be limited to those that serve to preserve or protect
public health and safety, or do not significantly increase the cost
or decrease the efficiency of the system.
A collection system consisting of elevated solar panels installed
above parking lots, carports, or other paved areas.
[Added 6-21-2021 by Ord.
No. 05-2021]
A collection system associated with mounting hardware that
is affixed or placed upon the ground, including but not limited to
fixed, passive, or active tracking racking systems.
[Added 6-21-2021 by Ord.
No. 05-2021]
A collection system structurally mounted to the roof of a
building or other permitted structure, including limited accessory
equipment associated with a system which may be ground-mounted. Normally
installed parallel to the roof with a few inches gap.
[Added 6-21-2021 by Ord.
No. 05-2021]
Site on which the primary land use is an array of multiple
solar collectors on ground-mounted racks or poles.
[Added 6-21-2021 by Ord.
No. 05-2021]
See "commercial animal boarding."
See "private residential stable."
The numeric code for categorizing land uses developed by
the United States Department of Commerce. SIC codes in this chapter
are based on the listing contained within the 1987 manual.
The date the building permit is issued, provided the actual
start of activity was within 730 calendar days of the permit date.
The actual "start of activity" means either the first placement of
permanent construction of a structure on the site such as the pouring
of a slab or footings, the installation of piles or the construction
of columns. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for basement,
footings, piers or foundations; nor does it include the erection of
temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or part of the main structure.
Steep slopes are areas which contain a gradient of 12% or
greater (equivalent to a ten-foot elevation change in a distance of
83 feet or less), as shown on USGS 7.5 minute topographic maps for
the Village of Cottage Grove and its environs.
See § 325-49E.
See § 325-89.
That portion of a building included between the surface of
any floor and the surface of the floor next above; or if there is
no floor above, the space between the floor and the ceiling next above.
Neither a basement nor a cellar shall be counted as a story.
Unless specifically designated otherwise by the Village,
any public or private way that is dedicated or permanently open to
pedestrian and vehicular use, which is 22 feet or more in width if
it exists at the time of enactment of this chapter or any such public
right-of-way 60 feet or more in width when established after the effective
date of this chapter.
A street which is anticipated to carry in excess of 3,500
vehicles per day in traffic volume, at desirable speeds ranging from
30 miles per hour to 45 miles per hour, and which is used for travel
between areas within and outside the Village and is defined specifically
as such on the Zoning Map.
A street which is anticipated to carry from 2,500 vehicles
to 5,000 vehicles per day in traffic volume, at desirable speeds ranging
from 25 miles per hour to 35 miles per hour, which serves a collecting
function by distributing traffic between local streets and arterial
streets and is defined specifically as such on the Zoning Map.
A street which is anticipated to carry fewer than 2,500 vehicles
per day in traffic volume at desirable speeds up to 25 miles per hour,
and which provides access to abutting property and primarily serves
local traffic and is defined specifically as such on the Zoning Map.
A local street serving primarily to collect traffic originating
directly from residential driveways and private residential courts
and streets.
A collector street serving primarily residential land uses
which primarily serves to connect local residential streets to collector
or arterial streets.
See "lot line, front.
A pattern of land uses typified by nonresidential and/or
multifamily development located along one or both sides of a street
which is generally only one lot deep and which is characterized by
many curb cuts, low green space ratios, low landscape surface ratios,
high floor area ratios and/or low quantities of landscaping.
A lot of record which lawfully existed prior to this chapter, which would not conform to the applicable regulations if the lot were to be created under the current provisions of this chapter. See § 325-24E.
Any structural repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds 50% of the present
equalized assessed value of the structure either before the improvement
or repair is started, or if the structure has been damaged, and is
being restored, before the damage occurred. The term does not, however,
include either:
Any project to improve a structure to comply
with existing state or local health, sanitary or safety code specifications
solely necessary to assure safe living conditions; and
Any alteration of a structure or site documented
as deserving preservation by the Wisconsin State Historical Society
or listed on the National Register of Historic Places.
Ordinary maintenance repairs are not considered
structural repairs, modifications or additions. Such ordinary maintenance
repairs include internal and external painting, decorating, paneling
and the replacement of doors, windows and other nonstructural components.
(For purposes of this definition, "substantial improvement" is considered
to occur when the first alteration of any wall, ceiling, floor or
other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure.)
Anything constructed or erected, the use of which requires
a more or less permanent location on the ground, or attached to something
having a permanent location on the ground, excepting public utility
fixtures and appurtenances.
A structure accessory to a principal use having a limited
impact on a site, such as a children's swing set, clothesline, trellis,
birdhouse or similar use.
A linear depression in land running downhill or having a
marked change in contour direction in which sheet runoff would collect
and form a temporary watercourse.
A sign permitted by ordinance which remains in place no longer
the two weeks at any given time.
[Added 10-16-2006 by Ord. No. 04-2006]
A land use present on a property for a limited and specified
period of time.
See § 325-49A(1)(e).
See § 325-82.
See § 325-49F.
See "in-vehicle sales and service."
See § 325-49A(1)(c).
See § 325-49A(1)(d).
See § 325-38C.
The circumstance where special conditions affecting a particular
property, which were not self-created, have made strict conformity
with restrictions governing areas, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of the chapter.
The purpose or activity for which land or any building thereon
is designed, arranged or intended or for which it is occupied or maintained.
See "accessory use."
See "conditional use."
See "principal use."
See § 325-49H(3).
A vehicle designed and used primarily for the transport of
equipment and/or materials.
Permission to depart from the literal requirements of this chapter granted pursuant to § 325-113.
See § 325-84.
See § 325-25.
See § 325-73.
See § 325-49E(5).
Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions. See Chapter 183.
See § 325-91B.
Maps prepared by the Wisconsin Department of Natural Resources.
Areas of trees whose combined canopies cover a minimum of
80% of an area of one acre or more, as shown on USGS 7.5 minute topographic
maps for the Village of Cottage Grove and its environs.
Monday, Tuesday, Wednesday, Thursday or Friday, excluding
holidays granted by the Village of Cottage Grove to its department
heads.
A required open space on a lot, which is unoccupied and unobstructed
by a structure from its lowest ground level to the sky, except as
expressly permitted in this chapter. A yard shall extend along a lot
line and at right angles to such lot line to a depth or width specified
in the yard regulations for the district in which such lot is located.
A yard extending along the full width of the front lot line
between side lot lines and extending from the abutting front street
right-of-way line to a depth required in the yard regulations for
the district in which such lot is located.
A yard extending along the full width of the rear lot line
between the side lot lines and extending toward the front lot line
for a depth as specified in the yard regulations for the district
in which such lot is located.
A yard extending along the side lot line between the front
and rear yards, having a width as specified in the yard regulations
for the district in which such lot is located.
The person authorized and charged by the Village with the
administration of this chapter.
See § 325-114.
See § 325-34.
See § 325-34.
See "Official Zoning Map" above and see § 325-35.
