A.
This chapter is created in accordance with the authority
granted by W.S.A. ss. 61.35 and 62.23.
B.
The purpose of this chapter is to adopt minimum requirements
to promote the health, safety, morals, prosperity, aesthetics and
general welfare of the Village; to regulate and restrict the height,
number of stories and size of buildings and other structures, the
percentage of lot that may be occupied, the size of yards, courts
and other open spaces, the density of population and the location
and use of buildings, structures and land for trade, industry, residence
or other purposes; and for these purposes to divide the Village into
districts of such number, shape and area as are deemed best suited
to carry out these purposes.
C.
It is not the intent of this chapter to repeal, abrogate,
annul, impair or interfere with any existing easements, covenants,
deed restrictions, agreements, ordinances, rules or permits previously
adopted or issued pursuant to law. However, wherever this chapter
imposes greater restrictions, the provisions of this chapter shall
apply.
D.
The provisions of this chapter shall be interpreted
and applied as minimum requirements, shall be construed in favor of
the Village and shall not be deemed a limitation or repeal of any
other power granted by the Wisconsin Statutes.
A.
All other codes or parts of codes of the Village inconsistent or conflicting with this chapter, to the extent of their inconsistency only, are hereby repealed. This chapter, however, shall not be construed to repeal any portion of Chapter 69, Airport, Chapter 216, Floodplain and Shoreland-Wetland Zoning, or Chapter 217, St. Croix River District, of the Code of the Village of Osceola.
B.
This chapter shall be known as, referred to or cited
as the "Zoning Code, Village of Osceola, Wisconsin."
A.
Words used in the present tense include the future,
the singular number includes the plural number, and the plural number
includes the singular. The word "building" includes the word "structure."
The word "shall" is mandatory and not directory.
B.
ACCESSORY BUILDING
ALLEY
BUILDING
BUILDING, HEIGHT OF
CONDITIONAL USE
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
FAMILY
GARAGE, PRIVATE
GARAGE, PUBLIC
GARAGE, STORAGE
HOME OCCUPATION
HOTEL or MOTEL
LOT
LOT, CORNER
LOT, DEPTH OF
LOT LINE
NONCONFORMING USE
OPEN SPACE
RECREATION SPACE
SETBACK
STORY
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
TEMPORARY BUILDING
TOTAL FLOOR AREA
VISION CLEARANCE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
For the purpose of this code, certain words are defined
as follows:
A building or portion of a building subordinate to the main
building but not part of the main building and used for a purpose
customarily incidental to the permitted use of the main building.
A street or thoroughfare affording only secondary access
to abutting property.
Any structure used, designed or intended for the protection,
shelter, enclosure or support of persons or property.
The vertical distance from the average curb level in front
of the lot or the finished grade at the building line, whichever is
higher, to the highest point of the coping of a flat roof, to the
deckline of a mansard roof or to the average height of the gable of
a gambrel, hip or pitch roof.
A use of land, water or a building which is allowable only
after the issuance of a special permit by the Village Board under
conditions specified in this code.
A building or portion thereof designed for and occupied by
two or more families.
A detached building designed for or occupied exclusively
by one family.
A group of persons related by blood or marriage and living
together as a single housekeeping entity.
An accessory building or space for the storage of motor-driven
vehicles.
Any building or premises, other than a private or storage
garage, where motor-driven vehicles are equipped, repaired, serviced,
hired, sold or stored.
Any building or premises used for storage only of motor-driven
vehicles and where no vehicle equipment, parts, fuel or oil is sold
or where no vehicles are serviced, repaired, hired or sold.
A gainful occupation conducted by members of the family only,
within their place of residence, provided that no article is sold
or offered for sale on the premises, except such as is produced by
such occupation; that no stock-in-trade is kept or sold; that no mechanical
equipment is used, other than such as is permissible for purely domestic
purposes; and that no person other than a member of the immediate
family living on the premises is employed.
A building in which lodging, with or without meals, is offered
to transient guests for compensation.
A parcel of land having a width and depth sufficient to provide
the space necessary for one main building and its accessory building,
together with the open spaces required by this code, and on a public
street.
A lot abutting on two or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
The lines bounding lots as defined herein.
A building or premises lawfully used or occupied at the time
of the passage of this code or amendments thereto, which use or occupancy
does not conform to the regulations of this code or any amendments
thereto.
The portion of the lot excluding primary and accessory structures,
parking lots and driveways.
[Added 6-8-2004 by Ord. No. 04-13]
The portion of open space that can be utilized as a play
area.
[Added 6-8-2004 by Ord. No. 04-13]
The minimum horizontal distance between the street lines
and the nearest point of a building or any projection thereto.
That portion of a building included between the surface of
a floor and the surface of the floor next above it or, if there is
no floor above it, then the space between the floor and the ceiling
next above it.
All property dedicated or intended for public or private
street purposes or subject to public easements.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change in the supporting members of a building or any
substantial change in the roof structure or in the exterior walls.
Anything constructed or erected the use of which requires
permanent location on the ground.
Any building or structure that is incidental to the primary
use of the premises during periods of construction of the main building
or use or for special events where the intent is to remove the structure
within 30 days of the completion of construction work.
[Added 7-10-2007 by Ord. No. 07-19]
The total square footage of all living units.
[Added 6-8-2004 by Ord. No. 04-13]
An unoccupied, triangular space at the corner of a corner
lot which is bounded by the street lines and setback lines connecting
points determined by measurement from the corner of each street line.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
A yard extending the full width of the lot between the front
lot line and the nearest part of the main building.
A yard extending the full width of the lot, being the minimum
horizontal distance between the rear lot line and the nearest part
of the building.
A yard extending from the front yard to the rear yard, being
the minimum horizontal distance between a building and the side lot
line.
A.
Jurisdiction of this chapter shall include all lands
within the corporate limits of the Village.
B.
No structure or land shall hereafter be used, no land
use shall be substantially changed and no structure shall be erected,
moved or structurally altered without full compliance with the terms
of this chapter and other applicable regulations and until a building
permit has been issued.
A.
It shall be the duty of the Building Inspector, with
the aid of the Police Department, to investigate all complaints, conduct
inspections of property to determine compliance with this chapter,
to give notice of violations, and to enforce the provisions of this
chapter. The Police Department shall report to the Building Inspector
any activities being carried out without the required permit.
[Amended 7-27-2010 by Ord. No. 10-09]
B.
All applications for a building permit shall be made
to the Building Inspector and shall be accompanied by plans in duplicate,
drawn to scale, showing:
(1)
The name and address of the property owner.
(2)
The location, actual shape and dimensions of the lot
to be built upon.
(3)
The high-water mark of any abutting watercourse.
(4)
The center line of abutting streets and highways.
(5)
The exact size and location on the lot of the proposed
or existing building and accessory building.
(6)
The lines within which the building shall be erected,
altered or moved.
(7)
The existing and intended use of each building or
part of a building.
(8)
The number of families the building is intended to
accommodate.
(9)
Such other information with regard to the lot and
neighboring lots or buildings as may be necessary to determine and
provide for the enforcement of this chapter.
C.
Fees for such permits shall be established by the
Village Board.
[Added 10-10-1995 by Ord. No. 12-95]
A.
DEVELOPMENT CONTRACT
Definitions. As used in this section, the following
terms shall have the meanings indicated. For other terms, definitions
are as defined in other sections of this code or of the state statutes.
An agreement between the Village of Osceola and the developer/contractor
specifying the responsibilities of each party toward the completion
of the project covered by the contract.
B.
D.
The contract shall not waive any provision of the
Village Code by omission from the contract. The only Code provisions
that the contract can modify or exempt are those specifically addressed
in the development contract.
Sewage disposal facilities shall be connected
to the sewage disposal system of the Village. In any district where
public sewage service is not available, the width and area of all
lots shall be sufficient to permit the use of an on-site sewage disposal
system designed in accordance with Chapter H 65, Wisconsin Administrative
Code. In no case, however, shall the minimum lot size required in
the zoning district in which such structure is to be located be reduced
below the specified minimum.
No vacant land shall be occupied or used and
no building hereafter erected, altered or moved shall be occupied
until a certificate of occupancy has been issued by the Building Inspector.
A.
Except as otherwise provided, the use and height of
buildings hereafter erected, converted, moved and 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.
B.
No lot shall be so reduced that the dimensions and
yard requirements imposed by this chapter cannot be met.
C.
No part of the yard or open space required for a given
building shall be included as a part of the yard or open space required
for another building, and no residential lot shall have more than
one principal building.
D.
Every part of a required yard shall be open to the
sky unobstructed, except for accessory buildings and the ordinary
projections of sills, cornices and ornamental features. In commercial
areas, a permanent awning and its accessory columns or struts may
project not more than five feet into a required front or side yard.
E.
An open or enclosed fire escape may project into a
required yard not more than five feet and into a required court not
more than 3 1/2 feet, provided that it shall be located so as
not to obstruct light or ventilation.
F.
Chimneys, cooling towers, elevator bulkheads, fire
towers, monuments, penthouses, stacks, scenery lofts, tanks, water
towers, ornamental towers, spires, wireless or broadcasting towers,
masts, aerials or wind generators and necessary mechanical appurtenances
are hereby excepted from the height regulations of this chapter and
may be erected in accordance with other regulations or ordinances
of the Village.
G.
In each quadrant of every street intersection there
shall be designed a vision clearance triangle bounded by the inner
street lines and a line connecting them 35 feet from their intersection.
Within this triangle, no object shall be allowed above the height
of 2 1/2 feet above the streets if it obstructs the view across
the triangle. This provision shall not apply to tree trunks, posts
or wire fences.
H.
In any commercial or industrial district, sufficient
space for the loading or unloading of vehicles shall be provided on
the lot in connection with any commercial or industrial use so that
the public street shall be free at all times and unobstructed to the
passage of vehicular and pedestrian traffic.
I.
No side yard or front yard in any commercial or industrial
district shall be used for storage or the conduct of business.
J.
Temporary buildings. All temporary structures shall
be subject to the following:
[Added 7-10-2007 by Ord. No. 07-19]
(1)
No structure or facility may be erected until a permit
has been received from the Building Inspector who has evaluated the
location and design of the facility and finds that the facility meets
the requirements of all Village ordinances.
(2)
No electric, sewer or water utilities shall be permitted
with any temporary structure or facility with the exception of trailers
at commercial construction sites.
(3)
All structures or facilities not meeting the definition
of a temporary structure shall be considered either a permanent principal
or accessory structure and shall be subject to the Village building
permit requirements.
K.
Accessory structures.
[Added 7-10-2007 by Ord. No. 07-19]
(1)
Each parcel shall be permitted one accessory structure.
(2)
Accessory structures shall only be located in the
rear and side yard and must meet all setbacks for each zoning district.
(3)
The floor area of the structure or facility may not
be greater than 400 square feet. In no instance shall the floor area
of the structure exceed 10% of the open space of the parcel of land.
(4)
The structure or facility shall not exceed a height
of 15 feet, measured vertically from the natural grade of the ground
at the base of the structure or facility.
(5)
It shall be unlawful to place, erect, or maintain
within the Village any shipping container, wagon, motor vehicle, semi-trailer,
truck, railroad car or similar conveyance as a substitute for a principal
or accessory building utilized for storage.
(6)
Carports which are open and/or of metal frame, canvas,
or exposed column construction are prohibited.
(7)
Footing requirements.
(a)
All accessory structures over 100 square feet
shall be placed on and attached to footings and piers.
(b)
Footings for an accessory structure may be done
in a monolithic pour.
(c)
Footings must be eight inches thick by 24 inches
deep, with a four-inch cement slab placed over the top of the footings.
(d)
Accessory structures under 100 square feet may
be anchored by placing an eight-inch cement post 24 inches deep at
each corner.
[Amended 1-12-1999 by Ord. No. 99-01]
Except as otherwise provided, any person who
violates the provisions of this chapter shall forfeit not less than
$10 nor more than $200, plus the costs of prosecution, or, upon failure
to pay such forfeiture, shall be imprisoned in the county jail for
a term of not more than 30 days. Each day such a violation exists
shall be considered a separate offense.
