Village of Random Lake OrdinanceCHAPTER 17 ZONING CODE(Recodified Ord. #1-04)
17.01 INTRODUCTION
(1) AUTHORITY. These regulations are adopted under the authority granted by § 62.23(7), Wis. Stats.
(2)SHORT TITLE. This chapter shall be known as, referred to or cited as the "Zoning Code, Village of Random Lake, Wisconsin."
(3)PURPOSE. The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics and general welfare of the Village.
(4)INTENT. 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 Village; and implement the Village comprehensive plan or plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.
(5)ABROGATION AND GREATER RESTRICTIONS. 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 law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.
(6)INTERPRETATION. 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 the Wisconsin Statutes.
17.02 DEFINITIONS
For the purpose of this chapter, the following definitions shall be used:
(1)ABUTTING. Having a common property line or district line.
(2)ACCESSORY BUILDING. A building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises. When an accessory building is a part of the main building or is substantially attached thereto, the side yard and rear yard requirements of the main building shall be applied to the accessory building.
(3)ALLEY. A street or thoroughfare less than 21 feet and affording only secondary access to abutting property.
(4)APARTMENT. A portion of a multiple dwelling used as a separate housing unit and having cooking facilities and a private bath.
(5)APARTMENT HOUSE. See DWELLING, MULTI?]FAMILY.
(6)BASEMENT. A story, as defined in sub. (43) below, partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.
(7)BILLBOARD. An advertising device, either freestanding or attached to a building, which is used to display information not related to the use or ownership of the establishment on the property upon which it is located.
(8)BOARDING HOUSE. A building other than a hotel where lodging and meals are furnished for compensation for 3 or more persons not members of a family.
(9)BUILDING. Any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.
(10)BUILDING, ALTERATIONS OF. See STRUCTURAL ALTERATIONS.
(11)BUILDING AREA. The total living area bounded by the exterior walls of a building at the floor level, but not including a basement not qualified for living area under the State Building Code, a garage, an unfinished and unheated porch and an attic.
(12)BUILDING, HEIGHT OF. 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 deck line of a mansard roof, or to the average height of the highest gable of a gambrel, hip or pitch roof.
(13)CERTIFICATE OF OCCUPANCY. A written statement issued by the Building Inspector which permits the use of a building or lot or a portion of a building or lot and which certifies compliance with the provisions of this chapter for the specified use and occupancy.
(16)DWELLING. (a) One Family. A detached building designed for or occupied exclusively by one family.
(b)Two?]Family. A detached or semi?]detached building designed for and occupied exclusively by two families.
(c)Multi?]Family. A building or portion thereof designed for and occupied by more than two families, including tenement houses, row houses, apartment houses and apartment hotels.
(17)DWELLING UNIT. A separate housekeeping unit, designed and used for occupancy by a single family.
(18)FAMILY. Any number of persons related by blood, adoption or marriage, or not to exceed four persons not so related, living together in one dwelling as a single housekeeping entity.
(19)FARM. Land consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off?]premises consumption or use.
(20)FLOOR AREA. (a) For residential uses, the gross horizontal area of the floor of a dwelling unit, exclusive of unfinished and unheated porches, balconies, garages and basements qualified for living area under the State Building Code, measured from the exterior faces of the exterior walls or from the center lines of walls or partitions separating dwelling units.
(b)For uses other than residential, the area measured from the exterior faces of the exterior walls, or from the center line of walls or partitions separating such uses, including all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.
(21)FRONTAGE. All the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.
(22)GARAGE. (a) Private. An accessory building or space for the storage only of not more than two motor?]driven vehicles per dwelling.
(b)Public. Any building or premises, other than a private or a storage garage, where motor?]driven vehicles are equipped, repaired, serviced, hired, sold or stored.
(c)Storage. Any building or premises used for the storage only of motor?]driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold. No commercial motor vehicle exceeding two tons capacity shall be stored in any storage garage.
(23)HOME OCCUPATION. 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 occupations, 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, that no sign other than one unlighted name plate not more than one foot square is installed and that no person other than a member of the immediate family living on the premises is employed. Outdoor storage of raw materials or finished products is not allowed.
(24)HOTEL, MOTEL. A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.
(25)LOT. 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 chapter and abutting on a public street or officially approved place.
(26)LOT, CORNER. A lot abutting on 2 or more dedicated and accepted streets at their intersections, provided that the interior angle of such intersection is less than 135º.
(27)LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
(28)LOT, INTERIOR. A lot other than a corner lot.
(29)LOT LINES. The lines bounding a lot as defined herein.
(30)LOT, THROUGH. An interior lot having frontage on two nonintersecting streets.
(31)MOBILE HOME. A nonself?]propelled one?]family dwelling unit of vehicular design, built on a chassis and originally designed to be moved from one site to another, whether or not the same is placed on a permanent foundation.
(32)MOBILE HOME PARK. Any lot on which two or more mobile homes are parked for the purpose of temporary or permanent habitation.
(33)MOTEL. See HOTEL.
(34)NONCONFORMING USE. A building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereto which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.
(35)NURSERY. Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.
(36)NURSING HOME. Any building used for the continuous care, on commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.
(37)PARKING STALL. An off?]street space, available for the parking of a motor vehicle and which, in this chapter, is held to be an area 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
(38)PROFESSIONAL HOME OFFICE. The office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other recognized profession. When established in an R?]1 District, a professional office shall be incidental to the residential occupation and not more than 25% of the floor area of only one story of a dwelling unit shall be occupied by such office. Only one person may be employed who is not a resident of the home.
(39)RAILROAD RIGHT OF WAY. A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
(40)SETBACK. The minimum horizontal distance between the street line and the nearest point of a building or any projection thereof, excluding uncovered steps.
(41)SHOPPING CENTER. A group of stores, planned and designed for the site on which it is built, functioning as a unit with off?]street parking provided on the property as an integral part of the unit.
(42)SIGN. Any words, letters, figures, numerals, phrases, sentences, emblems, devices or designs visible from a public street or highway which convey information regarding the use or ownership of the establishment on the same property upon which it is located, as distinguished from a billboard.
(43)STREET. All property dedicated for public street purposes.
(44)STORY. That portion of a building included between the surface of a floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having 1/2 or more of its height above grade shall be deemed a story for purposes of height regulation.
(45)STREET LINE. A dividing line between a lot, tract or parcel of land and an abutting street right of way.
(46)STRUCTURE. Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground. (i.e. gazebo, playhouse, garden shed or any other similar structure.
(47)STRUCTURAL ALTERATIONS. Any change in the supporting members of a building or any change in the roof structure or in the exterior walls.
(48)TEMPORARY STRUCTURE. A movable structure which does not require a permanent location on the ground and which is not attached to something having a permanent location on the ground.
(49)USE. The use of a property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
(50)USE, ACCESSORY. A use subordinate in nature, extent or purpose to the principal use of a building or lot and which is also an approved use if so stated in this chapter.
(51)USE, CONDITIONAL. See CONDITIONAL USE.
(52)USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards, if any, of such districts.
(53)USE, PRINCIPAL. The main use of land or building as distinguished from a subordinate or accessory use. A principal use may be permitted or conditional.
(54)UTILITIES. Public and private facilities such as water wells, water and sewer pumping stations, water storage tanks, electric transmission towers, electric lines, electric transmission substations, gas transmission regulation stations, telephone and telegraph exchanges, microwave relay structures, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.
(55)VISION CLEARANCE. An unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line. (See sec. 17.03 of this chapter.)
(56)YARD. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
(a)Front Yard or Setback. A yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps.
(b)Rear Yard. 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 excluding uncovered steps.
(c)Side Yard. A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line. See also secs. 17.03(5) and 17.04(3) of this chapter.
(57)ZONING DISTRICT. An area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of building and premises are uniform.
(58) ZONING PERMIT. A permit stating that the placement of and the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is to be located.
17.03 GENERAL PROVISIONS
(1) COMPLIANCE. No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this chapter and all other applicable Village, County and State regulations.
(2)USE RESTRICTIONS. The following use restrictions and regulations shall apply:
(a)Principal Uses. Only those principal uses specified for a district, their essential services and the following shall be permitted in that district.
1.Accessory Uses. Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade or industry. Accessory uses include incidental repairs; storage; parking facilities; gardening; servant's and watchman's quarters not for rent; private swimming pools; and private emergency shelters. Accessory buildings shall not occupy more than 30% of the required area for the rear yard. See also Sec. 17.201 (2)(e) of this chapter.
2.Unclassified or Unspecified Uses. Unclassified or unspecified uses may be permitted by the Village Board after the Plan Commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.
3.Temporary Uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Village Board.
(b)Performance Standards. Performance standards listed in sec. 17.18 of this chapter shall be complied with by all uses in all districts.
(3)YARD REDUCTION OR JOINT USE. (a) No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located.
(b)No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.
(c)No lot in the Village which contains a building shall hereafter be reduced by any type of conveyance to an area less than would be required for the construction of such building on such lot.
(4)LOT OCCUPANCY. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a platted lot and in no case shall there be more than one principal building on one platted lot unless approved by the Village Board.
(5)YARDS ABUTTING DISTRICT BOUNDARIES. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the 2 districts which abut the district boundary line.
(6)STORAGE LIMITATION. No required side yard or front yard in the commercial or industrial districts shall be used for storage or the conduct of business.
(7)VISION CLEARANCE. No obstructions such as structures, parking or vegetation shall be permitted in any district other than the C?]1 District between the height of 2?]1/2 and 10 feet above a plane through the mean curb grades within the triangular space formed by any 2 existing or proposed intersecting street or alley right of way lines and a line joining points on such lines, located a minimum of 35 feet from their intersection. Official signs, utility poles, and tree trunks may be permitted within each segment of an intersection traffic visibility area.
(8)PERFORMANCE STANDARD. See sec. 17.20 of this chapter.
17.031 SINGLE-FAMILY DWELLING STANDARDS (Cr.Ord. #8-01)
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 MHP District unless such dwelling meets all of the following standards:
(4) In addition each dwelling is required to select features from the following list:
17.04 HEIGHT AND AREA EXCEPTIONS
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:
(1)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.
(2)STREET YARD MODIFICATIONS. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
(a)Uncovered Stair Restrictions. Uncovered stairs, landings and fire escapes may project into any yard, but not to exceed 6 feet and be not closer than 3 feet to any lot line.
(b)Cul?]de?]Sac and Curve Restrictions. Residential lot frontage on cul?]de?]sacs and curves and for single?]family residences in the R?]1 District may be less than 100 feet provided the width at the building setback line is at least 100 feet and the street frontage is not less than 45 feet. Residential lot frontage on cul?]de?]sacs and curves for 2?]family and multi?]family residences in R?]2 and R-3 Districts may be less than 100 feet provided the width at the building setback line is at least 100 feet and the street frontage is not less than 55 feet.
(c)Residential Fence Restrictions. Residential fences (in R-1 through R-6 Districts) are permitted only on the rear and side yards in the residential districts. On the side yards, the fence shall not project into the principal building required setback distance and shall be in compliance with required vision clearance. On corner lots, both yards fronting public roadways shall be considered front yards, and any fences constructed shall not extend past the corners of the dwelling. Fences shall not be constructed of woven wire, barb wire or chain link material. For property abutting Random Lake, no fence shall be erected within 25 feet of the meander line. A building permit is required for the construction of all fences; See also section 17.041.
(d)Security Fence Restrictions. Security fences are permitted in industrial and business districts with Village Board approval, but shall not be located more than 2 feet from the property line and shall not exceed 10 feet in height and shall be an open type similar to woven wire or wrought iron fencing. A building permit is required. See ch. 14 of this Code.
(e)Essential Services Exemptions. Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
(f)Street Yard Restrictions. With the approval of the Plan Commission, the required street yards may be decreased in any residential, business or industrial district to the average of the existing street yards of the abutting structures on each side, but in no case less than 15 feet in the residential districts and 5 feet in any business or industrial district.
(g) Grass seed or sod cover shall be applied to all yards within 1 year of commencement of construction.
(3)CORNER LOTS. On corner lots the side yard facing the street shall not be less than 25 feet.
(4)LOTS ABUTTING DIFFERENT GRADES. Where a lot abuts on 2 or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade plus 12 inches to the top of the basement wall.
(5)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 requirements on both streets be complied with.
(6)ACCESSORY BUILDINGS. Accessory buildings which are not a part of the main building shall not occupy more than 30% of the area of the required rear yard, shall not be more than 15 feet high and shall not be nearer than 5 feet to any lot line nor 5 feet to any alley line, and shall not extend into a front yard beyond the required setback. See also Secs. 17.02(9) and 17.201(2)(e) of this chapter.
17.041 FENCES AND WALLS
(1) PERMIT REQUIRED. No person shall construct a fence or wall in the Village without first obtaining approval of the Architectural Review Board and a permit from the Building Inspector.
(2) APPLICATION; FEE. Application for a permit shall be filed with the Building Inspector on a form supplied by the Inspector And the Architectural Review Board, together with a sketch of the proposed fence and the payment of the fee provided in sec. 14.08 of this chapter.
(3) GENERAL REQUIREMENTS. (a) For Districts R-1 – R-6 Fences and Walls in Front and Side Yards. On any corner lot, no fence, wall or shrub shall be within the vision triangle prescribed in ch. 17 of this Code. No wall or fence may be erected in any front or side yard, except that a decorative fence shall be no more than 3 feet in height extending no more than 10 feet in length in any one direction or a total of 20 feet and shall be set back 2 feet from the lot line. All Fences in the C1, C2, C3 and M1districts must be reviewed and recommended by the Architectural Review Board and approved by Plan Commission. See also Sec. 17.201 of this chapter.
(b) Fences in Rear Yards. (Am. Ord. #5-01). Fences having a height of 6 feel or less may be located within the required rear yards in residential districts.
(c) Location. The property owner shall be responsible for the proper placement and location of the fence. No fence shall be placed closer than 2 feet from the property line unless written consent is obtained from the abutting property owner and a variance granted by the Board of Zoning Appeals.
(d) Dog Pens and Runs. Dog pens and runs shall be erected in the rear yard only and shall be located at least 5 feet from any property line.
(e) Wire Fences. Wire fences are to be of a vinyl coated minimum wire gauge No. 16 with maximum opening of 2 inches by 3 inches.
(f) Wood Fences. Redwood or cedar shall be preferred for durability. Other woods may be used provided they are suitable and maintained.
(g) Barbed Wire. No fence consisting wholly or in part of barbed wire shall be erected or maintained in the Village except for farming purposes and except for approved security fences.
(h) Security Fences. The Plan Commission, upon proper application, may approve security fences in nonresidential zones of such design and construction as it shall deem proper.
(i) Fence Side. Posts and framing shall face the property for which the fence permit application is being made.
(j) Nonconforming Fences. Present fences may stand even though they do not conform to this section. However, nonconforming fences requiring 50% or more repairs or rebuilding shall be removed or rebuilt to conform with the requirements of this section.
Maintenance of Fences Required. All fences shall be maintained in
good physical condition.
(4) PRIVATE SWIMMING POOL FENCES. (a) Required.No person shall maintain, construct, install or enlarge a residential swimming pool not enclosed in a permanent building in the Village unless a fence is constructed in accordance with this section.
(b) Definition."Swimming pool" means any depression in the ground, either temporary or permanent, or a container of water, either temporary or permanent and either above or below the ground, in which water more than 24 inches deep is contained and which is used primarily for the purpose of bathing or swimming.
(c) Fences.1. (Am. Ord. #4-01) Except as provided in par. (d) below, all swimming pools not enclosed within a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool and shall be 5 feet in height and so constructed as not to have voids, holes or openings larger than 4 inches in one dimension. Gates or doors shall be equipped with self-closing devices for keeping the gates or doors securely closed and locked at all times when not in actual use.
2. Above ground pools with self-provided fencing to prevent unguarded entry shall be permitted without separate additional fencing, provided the self-provided fence is of the minimum height and design as herein specified.
3. Permanent access from grade to above-ground pools having stationary ladders, stairs or ramps shall have safeguard fencing and gates equivalent to those required herein, subject to all other applicable ordinances and subject to the following requirements:
a. No fence shall be located, erected, constructed or maintained closer than 3 feet to a pool.
b. The wall of the house or building facing a pool may be incorporated as a portion of such fence.
(d) Hot Tubs (Cr. Ord. #4-01). All hot tubs which are not fenced, as provided in par. (c) above, shall be covered by a lid securely fastened at all times the hot tub is not in use.
17.05 NONCONFORMING USES, STRUCTURES AND LOTS
(1) EXISTING NONCONFORMING USES. (a) 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:
1.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.
2.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.
3.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.
(b)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 assessed 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 Clerk?]Treasurer, listing the following:
1.Owner's name and address.
2.Use of the structure, land or water.
3.Assessed value at the time of its becoming a nonconforming use.
(2)EXISTING NONCONFORMING STRUCTURES. Any lawful nonconforming structures 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 unless a variance is first obtained from the Board of Zoning Appeals.
(3)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.
(4)EXISTING VACANT SUBSTANDARD LOTS. An existing 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 5,000 square feet in area, may be used as a single?]family building site provided that the use is permitted in the zoning district and the lot is of record in the County Register of Deed's office prior to the effective date of this chapter; and, further provided, that the lot is in separate ownership from abutting lands. If 2 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. Substandard lots shall be required to meet the setbacks and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after approval of a variance by the Board of Zoning Appeals.
17.06 COMMUNITY LIVING ARRANGEMENTS; FAMILY DAY CARE HOMES
(1) STATE LAWS ADOPTED. The provisions of secs. 62.23(7)(i) and 66.304, Wis. Stats., are hereby adopted by reference and shall supersede all permitted and conditional uses as stated in this chapter.
(2)PERMITTED USES; RESTRICTIONS.
COMMUNITY LIVING ARRANGEMENT (CLA); FAMILY DAY CARE HOMES
DISTRICTS PERMITTED
STATUTORY RESTRICTIONS
(a) Foster family home (domicile licensed under §48.62, Wis. Stats., up to 4 children
All residential districts
None
(b) Other foster homes
§62.23(7)(i)l. and 2., Wis. Stats.
(c) Adult family home (domicile, as defined in §50.01(1), Wis. Stats., up to 4 adults, or more if all adults are siblings
(d) Other adult family homes
(e) CLA, up to 8 persons
§62.23(7)(i)1., 2. and 9., Wis. Stats.
(f) CLA, 9 to 15 persons
Multi?]family districts
§62.23(7)(i)l., 2. and 9., Wis. Stats.
(g) Family day care home licensed under §48.65, Wis. Stats., up to 8 children
All 1?] and 2?]family districts and planned residential development districts
§66.304, Wis. Stats.
(3)CONDITIONAL USES. All community living arrangements and family day care homes not permitted in sub. (2) above. See sec. 17.17 of this chapter.
17.07 ZONING DISTRICTS
(1) ESTABLISHED. For the purposes of this chapter, the Village is hereby divided into the following zoning districts:
(a)R?]1 Single?]Family Residential District
(b)R?]2 Two?]Family Residential District
Residential District
(d) R-4 Three Family or Multi-family District
(e)R?] 6 Mobile Home Park District
(f)R-5 R-PUD Residential Planned Unit Development Districts
(g)C?]1 General Commercial District
(h)C?]2 Highway Commercial District
(i) C-3 Neighborhood Commercial District
(j)M?]1 Limited Industrial and Business Park District
(k)A Agricultural District
(l)CON Conservancy District
(m)Floodplain and Shoreland?]Wetland Districts (See chapter 18 of this Code)
(2)INCORPORATION OF ZONING MAP. The locations and boundaries of the districts are shown on the Village Zoning Map, dated June 11, 1990, and referred to by reference as the Official Zoning Map, Village of Random Lake, 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 Clerk?]Treasurer 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 Map.
(3)DISTRICT BOUNDARY AND MAP AMENDMENTS. Ordinances: Number 2?]98.
(4)BOUNDARIES OF DISTRICTS. When uncertainty exists with respect to the boundaries of the various districts as shown on the Map, the following rules shall apply:
(a)When width or length of boundaries are not clear, the scale of the Map shall determine the approximate dimensions.
(b)When the Floodplain Zoning and Shoreland?]Wetland Codes and the Zoning Code regulations conflict with one another, the most restrictive combination of such regulations shall control.
(c)District boundaries are normally lot lines and center lines of streets, highways, railroads or alleys.
(5)Prior to obtaining any permits in any zoning district identified above, all plans, to the extent applicable, shall be submitted to the Architectural Review Board in accordance with Sec. 17.201 of this Chapter.
17.08R?]1SINGLE?]FAMILY RESIDENTIAL DISTRICT
The R?]1District 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.
(1)PERMITTED USES.
(2)CONDITIONAL USES. See also sec.17.17 of this chapter.
(3)LOT, YARD AND BUILDING REQUIREMENTS (Am.Ord. #7?]94). See also sec.17.03 of this chapter.
(4) DRIVEWAYS. All driveways must be hard surfaced, and constructed within 1 year of occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides. No property shall have more than one driveway.
17.09 R?]2 TWO?]FAMILY RESIDENTIAL DISTRICT
The R?]2District is intended to provide a quiet, pleasant and relatively spacious living area for single?]family, and 2?]family dwellings protected from traffic hazards and intrusion.
(a) Uses permitted in the R?]1District.
(2)CONDITIONAL USES.
(a) Conditional uses permitted in the R?]1District.
(b)Funeral homes.
(c)Public hospitals and rest homes.
(d)Private clubs, fraternities and lodges, except those whose chief activity is customarily carried on as a business.
(3)LOT, YARD AND BUILDING REQUIREMENTS. See also sec.17.03 of this chapter.
(a)Single Family Dwellings. Same as for R?]1District.
(b) Every dwelling unit shall have a separate garage, which shall be completed before occupancy. However, each dwelling unit shall not have more than one garage. Attached or detached garage may be 1000 square feet, or 60% of the livable square footage of the residence, whichever is greater. Every dwelling, however, must have at least a minimum of 300 square feet of garage space. No garage shall exceed 10 feet in wall height for unattached garages. Roof pitch cannot exceed the pitch of principal building. No Living quarters above detached garages. Attached garages may have living quarters. Total height of attached garages cannot exceed 35 ft. No garage shall be constructed with exterior metal walls. However, metal siding is permitted, so long as each horizontal siding panel does not exceed a maximum width of 12 inches. Each dwelling unit shall not have more than one garage.
(c)Garden and yard equipment shed, 150square feet maximum and 15feet in height maximum. Only one garden shed per dwelling unit. Sheds constructed exclusively from metal or plastic materials are prohibited. All sheds must be architecturally compatible with the exterior appearance of the main structure or building. See also Section 17.201(2).
(d)Two?]Family Dwellings.
Lot frontage........... Minimum 100 ft.
Lot area........... Minimum 10,000 sq. ft.
Principal building:
Front yard........... Minimum 25 ft.
Side yards........... Minimum 10 ft.
Rear yard........... Minimum 25 ft.
Building height........... Maximum 35 ft.
Accessory building:
Front yard Minimum 25 ft. + depth of principal building
Side yards........... Minimum 5 ft.
Rear yard........... Minimum 5 ft.
Building height: Maximum 10 ft. walls. Roof pitch cannot exceed principal building.
Garages: Maximum of 700 sq. ft., or 60% of livable square footage, whichever is greater. Minimum of 300 sq. ft. per dwelling unit.
Garden shed ….Maximum 150 sq. ft.
Building height maximum 15 ft
Floor area per dwelling unit:
Dwellings existing on December31, 1997..... Minimum 960 sq. ft.
Dwellings existing on the
effective date of 3-1-04 these
amendments..... Minimum 1,150 sq. ft.
Dwellings constructed after
The effective date of 3-1-04 these
amendments ..... 1,200 sq. ft. per dwelling unit.
Off?]street parking Minimum 2 spaces per unit. (See also sec.17.19 of this chapter)
(5) Condominiums reference chapter 19.041 of this code.
17.091 R?]3 ZERO LOT LINE OR COMMON WALL SINGLE-FAMILY DUPLEX RESIDENTIAL DISTRICT
The R?]3 District is intended to provide a quiet, pleasant and relatively spacious living area for single?]family and 2?]family dwelling condominiums protected from traffic hazards and intrusion.
(a) Uses permitted in the R?]1and R-2 Districts.
(b)Boarding houses, up to 4 paying guests or boarders, including bed and breakfast establishments.
(a) Conditional Uses permitted in the R?]1 and R-2 Districts.
(3)LOT, YARD AND BUILDING REQUIREMENTS. See also sec. 17.03 of this chapter.
(a) Single Family Dwellings. Same as for R?]1 District.
(c) Garden and yard equipment shed, 150 square feet maximum and 15 feet in height maximum. Only one garden shed per dwelling unit. Sheds constructed exclusively from metal or plastic materials are prohibited. All sheds must be architecturally compatible with the exterior appearance of the main structure or building. See also Section 17.201(2).
(d) Two?]Family Dwellings.
Lot frontage before building........... ………Minimum 100 ft.
Lot frontage after division for common wall building……………………..Minimum 50 ft.
Lot frontage for corner lot after division for common wall building………..Minimum 40 ft.
Lot area before building........... ………Minimum 10,000 sq. ft.
Lot area after division for common wall building……………………..Minimum 5000 sq. ft.
Lot area for corner lot after division for common wall building………..Minimum 4000 sq. ft.
Building height Maximum 10 ft. walls. Roof pitch cannot exceed principal building.
Building height ……………….maximum 15 ft
Dwellings existing on December 31, 1997..... Minimum 960 sq. ft.
Dwellings existing on the effective date of 3-1-04 these amendments..... Minimum 1,150 sq. ft.
Dwellings constructed after the effective date of 3-1-04 these amendments ..... 1,200 sq. ft. per dwelling unit.
Off?]street parking Minimum 2 spaces per unit. (See also sec. 17.19 of this chapter)
• DRIVEWAYS. All driveways must be hard surfaced, and constructed prior to occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides. Maximum quantity of one driveway per dwelling unit.
(5) Condominiums reference Sec. 19.041 of this code.
17.092 R-4 3 Family or Multi-Family Residential District
(c) Boarding houses, up to 4 paying guests or boarders, including bed and breakfast establishments.
(a) Conditional Uses permitted in the R?]1, R-2 and R-3 Districts.
(a)Single and Multi Family Dwellings. Same as for R?]1 and R-2 Districts.
(b)Every dwelling unit shall have a separate garage, which shall be completed before occupancy. However, each dwelling unit shall not have more than one garage. Attached or detached garage may be 1000 square feet, or 60% of the livable square footage of the residence, whichever is greater. Every dwelling, however, must have at least a minimum of 300 square feet of garage space. No garage shall exceed 10 feet in wall height for unattached garages. Roof pitch cannot exceed the pitch of principal building. No Living quarters above detached garages. Attached garages may have living quarters. Total height of attached garages cannot exceed 35 ft. No garage shall be constructed with exterior metal walls. However, metal siding is permitted, so long as each horizontal siding panel does not exceed a maximum width of 12 inches. Each dwelling unit shall not have more than one garage.
(c)Garden and yard equipment shed, 150 square feet maximum and 15 feet in height maximum. Only one garden shed per dwelling unit. Sheds constructed exclusively from metal or plastic materials are prohibited. All sheds must be architecturally compatible with the exterior appearance of the main structure or building. See also Sec. 17.201(2) of this chapter.
(d)Multi?]Family Dwellings.
Lot frontage........... Minimum 120 ft.
Lot area........... Minimum 12,000 sq. ft.
Front yard..... Minimum 25 ft.
Side yards..... Minimum 10 ft.
Rear yard..... Minimum 25 ft.
Building height..... Maximum 35 ft.
Front yard..... Minimum 25 ft. + depth of principal building
Side yards..... Minimum 5 ft.
Rear yard..... Minimum 5 ft.
Building height maximum 15 ft.
Number of stories........... Maximum 2
Lot area per dwelling unit............ Minimum 3,600 sq. ft.
Dwellings existing on December 31, 1997
1 bedroom unit........... Minimum 600 sq. ft.
2 bedroom unit........... Minimum 800 sq. ft.
3 bedroom unit........... Minimum 1,000 sq. ft.
Dwellings constructed after January 1, 1998
1?]2 bedroom unit........... Minimum 850 sq. ft.
3 bedroom unit........... Minimum 1,150 sq. ft.
Off?]street parking........ 2 spaces per unit. See also sec. 17.19 of this chapter.
17.10R6 MOBILE HOME PARK AND MOBILE HOME SUBDIVISION DISTRICT. (1) Permitted Uses. Mobile home parks
(2)CONDITIONAL USES. None.
(3)MOBILE HOME PARK REQUIREMENTS.
(a)Park Requirements. 1. A minimum of 5 acres.
2.40 foot minimum setbacks on all sides.
3.A hard surface road no less than 24 feet wide serving all mobile home spaces.
4.Electricity, cable television and public sewer and water servicing all mobile home spaces.
5.A central hard surface parking lot with one parking space for each 3 mobile home spaces.
6.A separate building providing laundry facilities.
7.An on?]site manager's office.
(b)Space Requirements.
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