A. No permit shall be issued and no land shall be used or structure erected where the land is unsuitable for such use of structure 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. Such determination shall be made by the Village Board, and the Zoning Administrator shall be responsible for making the Village Board aware of such unsuitable conditions that come to his attention. The Village Board in applying the provisions of this 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 Village Board may affirm, modify, or withdraw its determination of unsuitability.
B. 1All Lots shall abut upon a public street, or a private road approved by the Village, or other means of access if that access was in existence prior to the adoption of this Chapter (July 1, 2014) and was previously approved by the municipality. No new private street or road may be created after January 26, 2017 unless it is approved as part of a Planned Unit Development Overlay District and an access and maintenance easement is approved therefore. Such private roads or streets shall meet the requirements set forth in Section 30-84.F. of this Code. Each lot shall have a minimum frontage of 33 feet and shall also be a minimum width at the street yard setback line as prescribed for the particular zoning district in which the lot is located.
C. All Principal and Accessory Structures shall be located on a lot, and only one principal structure shall be located, erected, or moved onto a lot, unless the specific zoning for the lot allows for more than one principal structure or more buildings are allowed by conditional use permit or site plan review. All residential structures shall be attached to a permanent foundation, and shall meet the minimum area requirements for the use of the dwelling, as set forth in the specific zoning district.
D. No Zoning Permit shall be issued for a lot which abuts a public street dedicated to only a portion of its platted width. No zoning permit shall be issued for a lot which abuts upon the termination of a non-through public street unless such street has been or is to be provided with a permanent cul-de-sac or other type of permanent turnaround as determined by the Plan Commission and the Village Board.
E. Width and area of all lots not served by public sanitary sewer system, or other sewage disposal system by the State or County having jurisdiction over the approval or disapproval of such systems, shall be sufficient to permit the use of a private on-site wastewater treatment system (POWTS) designed in accordance with applicable state and county sanitary regulations but in no case shall be less than 150 feet in width and 40,000 square feet in area unless lot width and area has been approved by the Plan Commission through the land division or conditional use process.
F. Where public water supply systems are not available, private well construction shall be required to conform to Wis. Admin. Code ch. NR 812, and, if applicable, Wis. Admin. Code ch. NR 811. Where public sewer collection and treatment is not available, design and construction of private sewage systems shall be governed under Chapter 19 of the Racine County Code of Ordinances, pursuant to Wis. Stat. s. 145.20. No private waste disposal system or part therefore shall be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered or its use changed without full compliance with this chapter. A Zoning Permit for any structure or an addition to a structure served by or to be served by a private sewage system may not be issued until evidence of such compliance is provided to the Zoning Administrator.
G. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district.
H. Notwithstanding any other provision of this Chapter, a commercial structure shall not be greater in height than its distance from a lot line, provided however that if the applicant presents to the Village a report by a licensed structural engineer certifying the fall-down radius of the proposed structure to be less than its height, the allowed setback shall be that certified distance or the setback required in this Chapter, whichever is greater, unless specifically provided in this Chapter.
I. Single family dwelling and two family dwelling requirements. No single family dwelling or two-family dwelling shall be erected or installed in any zoning district unless it meets all of the following:
1. The dwelling is set on an enclosed foundation in accordance with the standards set forth in Subchapters III, IV and V of Wis. Admin. Code ch. SPS 321.
2. The dwelling is properly connected to utilities;
3. The dwelling has a core area of living space, measured at the ground floor, of at least 20 feet by 20 feet in size; and
4. The dwelling and lot meet the minimum size requirements of the applicable zoning district.
5. a. Subject to the provisions of subsections 1. through 4. above, a modular home, as defined in Wis. Stat. s. 101.71(6), that is installed on an enclosed foundation in accordance with State of Wisconsin requirements is permitted in any district where single family or two-family dwellings are shown as permitted or conditional uses.
b. Subject to the provisions of subsections 1. through 4. above, a manufactured home, as defined in Wis. Stat. s. 101.91(2), that is installed on an enclosed foundation in accordance with State of Wisconsin requirements may be allowed as a conditional use in any district where single family or two-family dwellings are shown as permitted or conditional uses. The Plan Commission must determine whether the manufactured home is aesthetically similar to the homes in the vicinity of the proposed manufactured home, and whether the manufactured home would have an adverse effect on the tax base or property values when determining whether to grant the conditional use permit.
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