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No single-family dwelling, including dwellings constructed on the building site, manufactured dwellings and manufactured homes, shall be erected or installed in any zoning district except the Mobile Home District unless such dwelling meets all of the following standards:
(A) The dwelling shall be set on a full basement or other permanent enclosed structure in accordance with the State Uniform Dwelling Code. The structure shall not rest upon a metal frame where the foundation meets the sills or floor joists.
(B) The dwelling shall have a minimum width of 24 feet and a core area of living space at least 24 feet by 24 feet.
(C) The dwelling shall have a pitched roof with a minimum slope of 3.5:1 and eaves extending beyond the nearest vertical wall a minimum of 16 inches; the roofing shall be asphalt shingles or comparable roofing, but excluding metal roofing.
(Ord. 03-2016, passed 7-14-2016)
The regulations contained herein relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:
(A) Chimneys, towers, lofts, etc. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, windmills, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts or aerials and necessary mechanical appurtenances exceeding the height regulations of this chapter may be permitted as conditional uses by the Plan Commission.
(B) Street yard modifications. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
(1) Uncovered stair restrictions. Uncovered stairs, landings and fire escapes may project into any yard, but not to exceed six feet and be not closer than three feet to any lot line, and must be eight feet or more above ground.
(2) Cul-de-sac and curve restrictions. Lot frontage on cul-de-sacs and curves may be less than the district requirements provided the width at the building setback line is at least the required width and the street frontage is not less than 45 feet.
(3) Architectural projection restrictions. Architectural projections such as chimneys, flues, sills, eaves, belt courses and ornaments may project into any required yard, but such projections shall not exceed two feet.
(5) Essential services exemptions. Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
(6) Street yard restrictions. With the approval of the Zoning Administrator, the required street yards may be decreased in any residential, business or manufacturing district to the average of the existing street yards of the abutting structures on each side, but in no case less than 20 feet in the residential districts.
(C) Corner lots. Structures shall provide a street yard as required by this chapter on the street that the structure faces. A second street yard shall be provided on the side of the structure abutting a second public or private street. Front, side and rear yards can be street yards. See also LOT, CORNER and SETBACK; STREET YARDin § 155.02 and division (B) above.
(D) Lots abutting different grades. Where a lot abuts on two or more streets or alleys having different average established grades, the grade of the frontage of the principal use shall control only for a depth of 120 feet from the line of the higher average established grade.
(E) Buildings on through lots. The requirements for a rear yard for buildings on through lots and extending from street to street may be waived by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirement on both streets be complied with.
(F) Accessory buildings. Accessory buildings shall not extend into a side yard of the principal building or into the side yard extended of a corner lot.
(G) Unobstructed 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 two feet.
(Ord. 03-2016, passed 7-14-2016)
(A) Existing nonconforming uses.
(1) Continuation. The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter, provided, however:
(a) Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this chapter.
(b) The total lifetime structural repairs or alterations shall not exceed 50% of the assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
(c) Substitution of new equipment may be permitted by the Village Board if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
(2) Abolishment or replacement of existing nonconforming use. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50% of its current equalized value, it shall not be restored except so as to comply with the use provisions of this chapter. From the date of adoption of this chapter, a current file of all nonconforming uses shall be maintained by the Village Clerk, listing the following:
(a) Owner's name and address.
(b) Use of the structure, land or water.
(c) Assessed value at the time of its becoming a non-conforming use.
(B) Existing nonconforming structures. Any lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued, although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter. However, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
(C) Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Village Board has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Village Board.
(D) Existing substandard lots.
(1) A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter but which is at least 50 feet wide and 7,200 square feet in area may be used as a single-family building site, provided that the use is permitted in the zoning district, the lot is of record in the County Register of Deeds Office prior to the effective date of this chapter, and the lot is in separate ownership from abutting lands. A zoning permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance by the Zoning Board of Appeals has been granted.
(2) If two or more vacant substandard lots with continuous frontage have the same ownership as of the effective date of this chapter, the lots involved shall be considered to be an individual parcel for the purpose of this chapter.
(3) Substandard lots shall be required to meet the setbacks and other yard requirements of this chapter.
(Ord. 03-2016, passed 7-14-2016)
(A) State laws adopted. The provisions of Wis. Stats. §§ 62.23(7)(i) and 66.1017 are hereby adopted by reference and shall supersede all permitted and conditional uses as stated in this chapter.
(B) Permitted uses; restrictions.
Community Living Arrangement (CLA) Family Day Care Homes | Districts Permitted | Statutory Requirements |
Community Living Arrangement (CLA) Family Day Care Homes | Districts Permitted | Statutory Requirements |
Foster family home (domicile licensed under Wis, Stats, § 48.62) up to four children | All residential districts | None |
Other foster homes | All residential districts | Wis. Stats. 62.23(7)(i)1 and 2 |
Adult family home (domicile, as defined in Wis. Stats. § 50.01(1)) up to four adults, or more if all adults are siblings | All residential districts | None |
Other adult family homes | All residential districts | Wis. Stats. 62.23(7)(i)1 and 2 |
CLA, up to eight persons | All residential districts | Wis. Stats. § 62.23(7)(i)1, 2, and 9 |
CLA, 9 to 15 persons | Multi-family districts | Wis. Stats. § 62.23(7)(i)1, 2, and 9 |
Family daycare home licensed under Wis. Stats. § 48.65, up to eight children | All one- and two-family districts planned residential development districts | Wis. Stats. § 66.1017 |
(C) Conditional uses. All community living arrangements and family day care homes not permitted in division (B) above. See § 155.28.
(Ord. 03-2016, passed 7-14-2016)
(A) Established. For the purposes of this chapter, the village is hereby divided into the following zoning districts.
(1) R-1 Single-Family Residential District;
(2) R-2 Single-Family Residential District;
(3) R-3 Single-Family Residential District;
(4) R-4 Single-Family Residential District;
(5) RD-1 Single- and Two-Family Residential District;
(6) MH Mobile Home Park and Mobile Home Subdivision District;
(7) B-1 Central Business District;
(8) B-2 Business District;
(9) M-1 Manufacturing District;
(10) M-2 Manufacturing District;
(11) A-1 Agricultural District;
(12) A-2 Agricultural District;
(13) C-1 Conservancy District;
(14) Historic Preservation Overlay District;
(15) Shoreland-Wetland and Floodplain Zoning Districts: (See Chapters 151 and 154).
(B) Incorporation of Zoning Map. The locations and boundaries of the districts are shown on the Village Zoning Map dated March 1997 and referred to by reference as the Official Zoning Map, Village of Newburg, Wisconsin. Such map, together with all explanatory matter and regulations thereon, is an integral part of this chapter and all amendments thereto. Official copies of the Zoning Map, together with a copy of this chapter, shall be kept by the Village Clerk and shall be available for public inspection during office hours. Any changes or amendments affecting district boundaries shall not be effective until recorded and the certified change is filed with the Zoning Map.
(C) District boundary and map amendments. See Ordinances 6-02 and 7-02.
(D) Boundaries of districts. When uncertainty exists with respect to the boundaries of the various districts, as shown on the Zoning Map, the following rules shall apply:
(1) When width or length of boundaries are not clear, the scale of the Zoning Map shall determine the approximate dimensions.
(2) When the Floodplain Zoning Code, Shoreland-Wetland Code and the Zoning Code regulations conflict with one another, the most restrictive combination of such regulations shall control.
(3) District boundaries are normally lot lines and center lines of streets, highways, railroads or alleys.
(4) Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the district in which the land lies.
(5) Annexations to or consolidations with the village subsequent to the effective date of this chapter shall be placed in the A-1 Agricultural District unless the annexation ordinance temporarily places the land in another district. Within one year, the Plan Commission shall evaluate and recommend a permanent classification of such lands to the Village Board.
(Ord. 03-2016, passed 7-14-2016)
The R-1 District is intended to provide a quiet, pleasant and relatively spacious living area for single-family dwellings, protected from traffic hazards and intrusion of incompatible land uses, and with provision for municipal sanitary sewer service.
(A) Permitted uses.
(1) One-family dwellings.
(2) Attached or detached garage.
(3) Garden and yard equipment shed.
(1) Churches, synagogues and similar places of worship and instruction, including parsonages.
(2) Municipal buildings, except sewerage disposal plants, garbage incinerators, public warehouses, public garages, public shops and storage yards, and penal or correctional institutions and asylums.
(3) Utility offices, provided there is no service garage or storage yard.
(4) Public, parochial and private elementary and secondary schools.
(5) Recreation areas.
(6) Home occupations and professional home offices.
(7) Bed and breakfast establishments.
Lot frontage at setback | Minimum 100 ft. |
Lot area | Minimum 20,000 sq. ft. |
Principal Building: | |
Front yard | Minimum 40 ft. |
Side yards | Minimum 15 ft.* |
Rear yard | Minimum 50 ft. |
Building height | Maximum 35 ft. |
Accessory Buildings: | |
Front yard | Minimum 40 ft.* |
Side yards | Minimum 5 ft.* |
Rear yard | Minimum 5 ft. |
Building height | Maximum 15 ft. |
Accessory buildings (up to three) | Total Maximum 1,200 sq. ft. |
Living area | Minimum 1,500 sq. ft. |
Off-street parking | Minimum two spaces per unit, both of which shall be in an enclosed structure (see also § 155.33) |
* See § 155.05(C) and (F) for further restrictions. | |
(Ord. 03-2016, passed 7-14-2016)
The R-2 District is intended to provide a quiet, pleasant and relatively spacious living area for single-family dwellings, protected from traffic hazards and intrusion of incompatible land uses, and with provision for municipal sanitary sewer service.
(A) Permitted uses.
(1) One-family dwellings.
(2) Attached or detached garage.
(3) Garden and yard equipment shed.
(1) Churches, synagogues and similar places of worship and instruction, including parsonages.
(2) Municipal buildings, except sewerage disposal plants, garbage incinerators, public warehouses, public garages, public shops and storage yards, and penal or correctional institutions and asylums.
(3) Utility offices, provided there is no service garage or storage yard.
(4) Public, parochial and private elementary and secondary schools.
(5) Recreation areas.
(6) Home occupations and professional home offices.
(7) Bed and breakfast establishments.
Lot frontage at setback | Minimum 85 ft. |
Lot area | Minimum 14,000 sq. ft. |
Principal Building: | |
Front yard | Minimum 40 ft. |
Side yards | Minimum 12 ft.* |
Rear yard | Minimum 40 ft. |
Building height | Maximum 35 ft. |
Accessory Buildings: | |
Front yard | Minimum 40 ft.* |
Side yards | Minimum 4 ft.* |
Rear yard | Minimum 5 ft. |
Building height | Maximum 15 ft. |
Accessory buildings (up to three) | Total Maximum 1,050 sq. ft. |
Living area | Minimum 1,350 sq. ft. |
Off-street parking | Minimum two spaces per unit, both of which shall be in an enclosed structure (see also § 155.33) |
* See § 155.05(C) and (F) for further restrictions. | |
(Ord. 03-2016, passed 7-14-2016)
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