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TOWN OF BLACK WOLF 380 E. Black Wolf Ave. Oshkosh, WI 54902 Phone: (920) 688-1404 Fax: (920) 688-1405 E-mail: tbw@northnet.net ___________________________________________________________________________________ General Information News Meetings Calendar Agendas-Minutes Forms Garbage-Recycling Ordinances Property Taxes Tax Collection Newsletters Smart Growth Picture Page |
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Zoning Administrator, Tom Verstegen, is in the Town Hall Office on Monday and Tuesday evenings from 5:00 p.m. to 7:00 p.m.; other times by appointment only. The Zoning Ordinance booklet can be purchased from the Town Hall Office. The fee is $15.00. NOTE: Chapter 20-Subdivision and Platting follows the Zoning Ordinances section. ____________________________________________________________________________________ TOWN OF BLACK WOLF ZONING ORDINANCE (Amended 10/27/01) NOTE: The Zoning Ordnance booklet can be purchased at the Town Hall. TABLE OF CONTENTS: Section 1. Introduction Section 2. General Provisions Section 3. Zoning Districts Section 4. Conditional Uses Section 5. Traffic and Parking Regulations Section 6. Modifications Section 7. Sign Regulations Section 8. Non-Conforming Uses, Structures and Lots Section 9. Performance Standards Section 10. Board of Appeals Section 11. Changes and Amendments Section 1. Introduction 1.1 Authority. This Ordinance is adopted under the authority granted by Sections 59.97, 60.18 (12), 60.29 (21), 60.74 (7), 61.35 and 62.23 of the WI Statutes. The Town Board of the Town of Black Wolf, Winnebago County, Wisconsin, do ordain as follows: 1.2 Purpose. The purpose of this Ordinance is to promote the health, safety, morals, beauty, aesthetics and general welfare of this Town. 1.3 Intent. The general intent of this Ordinance is to produce a uniform zoning format for the Town of Black Wolf. 1.4 Abrogation and Greater Restrictions. It is not intended by this Ordinance to interfere with, abrogate or annul any existing easements, covenants or other agreements between parties, nor is it intended by this Ordinance to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance, or rules, regulations or permit previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises. However, whenever this Ordinance, or The Town of Black Wolf Subdivision Ordinance imposes greater restrictions, the provisions of this Ordinance shall control. In addition, the provisions of the Winnebago County, Wisconsin, Shoreland/Flood Plain, Subdivision and Airport Zoning Ordinances, as adopted by said County as of the date of this Ordinance and as they may later be amended are incorporated by reference. Whenever the Winnebago County Shoreland/Flood Plain, Subdivision or Airport Zoning Ordinances conflict with applicable underlying provisions of this Zoning Ordinance or the Town of Black Wolf Subdivision Ordinance, the more restrictive combinations of such ordinances shall govern. 1.5 Interpretation. The provisions of this Ordinance shall be held to be minimum requirements adopted to promote the health, safety, morals, beauty, aesthetics and general welfare of the Town of Black Wolf, Winnebago County, Wisconsin, and shall be liberally construed in favor of the Ordinance. 1.6v Severability. If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. 1.7 Effective Date. This Ordinance shall be effective as of 12:01 A.M., on the day after the last to occur of: enactment by the Town Board of the Town of Black Wolf; approval by the County Board of Winnebago County; referendum approval by the electors of the Town of Black Wolf, pursuant to §60.74(7) of the Wisconsin Statutes, of the exercise of Town zoning; and publication. 1.8 Title. This Ordinance shall be known as, referred to, or cited as the "Town of Black Wolf Zoning Ordinance." 1.9 Definitions. For the purpose of this Ordinance, the definitions set forth in this section shall be used. Words used in the present tense include the future. The singular number includes the plural number; the plural number includes the singular. The word "shall" is mandatory and not permissive. For technical terms not defined in this section, the definitions of ASPO Report No. 322 are incorporated by reference. Shoreland definitions set forth in Chapter NR 116 of the Wisconsin Administrative Code are incorporated by reference. ACCESSORY USE OR STRUCTURE A use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure. ADVERTISING SIGN A sign, including, but not limited to, a billboard, which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located. AIRPORT The Wittman Field Airport and all County land area associated with same as located in Sections 34 and 35, T18N, R16E and Sections 2 & 11, T17N, R16E, Winnebago County, Wisconsin. AIRPORT HAZARD Any structure object of natural growth, or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off. ALLEY A special public right‑of‑way affording only secondary access to abutting properties. ANIMAL GROOMING Where not involving any kennel uses, shall be the equivalent of a barbershop, or beauty salon for animals. BOARDING HOUSE A building other than a hotel or restaurant where meals or lodging are regularly furnished by pre-arrangement for compensation for four (4) or more persons not members of a family, but not exceeding twelve (12) persons and not open to transient customers. BOATHOUSE Any structure designed for the purpose of protecting or storing boats for non-commercial purposes and without provision for human habitation. BUILDABLE AREA The space remaining on a lot after the minimum open‑space requirements and yard setbacks have been met. BUILDING Any structure having a roof supported by columns or walls used or intended to be used for shelter or enclosure of persons, animals, equipment, machinery or materials. BUILDING AREA (synonymous with floor area) The total living area bounded by the exterior walls of a building at each floor level, but not including basement, garages, porches, breezeways, and unfinished attics. BUILDING HEIGHT The vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges or gable, gambrel, hip and pitch roofs, or to the deck line of mansard roofs except where otherwise specified in other sections of this ordinance. BULKHEAD LINE A boundary line established along any section of the shore of any navigable waters by a municipal ordinance approved by the State Department of Natural Resources, pursuant to Section 30.11 of the Wisconsin Statutes. Filling and development is only permitted to the landward side of such bulkhead line. BUSINESS SIGN A sign pertaining to goods sold or manufactured or services rendered on the premises upon which the sign is located. BY‑PASS CHANNEL A channel formed in the topography of the earth's surface to carry storm water runoff through a specific area. CAMPGROUNDS As defined in Wisconsin Administrative Code Chapter HFS 178. CERTIFICATE OF COMPLIANCE Official certification that a premise conforms to the provisions of the zoning ordinance (and, if applicable, the town building code). CHANNEL Those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well established banks. CLINIC ‑ MEDICAL OR DENTAL A group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed‑patient care. CLOTHING STORES Retail stores where clothing is sold, such as department stores, dry goods and shoe stores, dress, hosiery, and millinery shops. CONDITIONAL USES Use of a special nature as to make impractical their predetermination as a principal use in a district. CONDOMINIUM A structure having two (2) or more dwelling units, each assigned to individual ownership, but located on a lot having common ownership and use arrangement. CONSERVATION STANDARDS Guidelines and specifications for land and water conservation practices and management enumerated in the Technical Guide prepared by the U.S. Department of Agriculture, Land Conservation Service, for the County, adopted by the County Land and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities, from which the landowner selects that alternative which best meets his needs in developing his land and water conservation plan. CONVERSION Changing the original purpose of a building to a different use. CORRIDORS, ENVIRONMENTAL Those contiguous lands which contain a significant grouping of sensitive lands, such as wood lots; streams; wildlife areas such as wetlands, marshes, bogs, native vegetation, etc. which form an elongated pattern that tie these lands together into broad corridors having outstanding quality for the enhancement of the scenic and natural environment of the Town of Black Wolf. DEVELOPMENT Any activity which results in an alteration of either land or vegetation, except farming and normal grading and filling, for purposes of changing to or intensifying existing uses in agricultural, residential, business, recreational, institutional, or industrial property. DIGITAL COMPILATION An electronic method of mapping and storing map and text data in a raster, vector, text, or similar format within a computerized records system. DIRECTIONAL SIGN An on-premises sign for the purposes of directing patrons or attendants to a business establishment, club, church, or other such organization, off the main traveled highway (without advertising, text, or art). DITCHING The creation or maintenance of a channel-like land area designed or used for carrying surface water runoff, including snow melt, from one location to another. Ditching does not include municipal work within public rights-of-way, nor such things as vegetation removal or planting. DRAINAGE A general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping; commonly applied herein to surface water. DWELLING UNIT A structure having provisions for living, cooking, sanitary and sleeping facilities, arranged for the use of one (1) person or by two (2) or more persons maintaining a common household, to the exclusion of all others. If two living areas have separate exiting and no common use areas, then they are separate dwelling units. DWELLING ‑ SINGLE (ONE) FAMILY * A permanent structure ‑ placed on a permanent foundation, having one (1) or more rooms with provisions for living, sanitary and sleeping facilities arranged for the use of one (1) person or by two (2) or more persons maintaining a common household, to the exclusion of all others. The structure shall be located on a private lot and surrounded on all sides by a private yard. These dwellings shall include site built, manufactured, and modular homes. In no event shall a mobile home be considered as a single family dwelling. DWELLING ‑ TWO FAMILY (DUPLEX)* A permanent structure having two (2) dwelling units combined into one structure. The structure shall be located on one (1) private lot and surrounded on all sides by a private yard. These dwellings shall include site built, manufactured, and modular homes. In no event shall a mobile home be considered as a two family dwelling. DWELLING ‑ MULTI‑FAMILY (APARTMENT) A permanent structure having three (3) or more dwelling units ‑ combined into one structure ‑ for occupancy by three (3) or more families. EFFICIENCY A single family dwelling unit consisting of one (1) principal room with no separate sleeping rooms. ESSENTIAL SERVICES (On-site or Public) Services provided by public and private utilities, necessary for the reasonable exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam and water services, sanitary sewerage, storm water drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water pumps, lift stations, and hydrants, but not including buildings used or intended to be used for human habitation. EXCAVATION Any act by which organic matter, earth, sand, gravel, rock or any other material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom. FAMILY Any number of persons living together and cooking on the premises as a single house ‑ keeping unit together with all necessary employees of the family. FENCE Any artificially constructed barrier or berm of any material or combination of materials erected to enclose or to screen areas of land. FILL/FILLING Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom. FLOATING ZONE (unmapped) A zoning district whose requirements are fully described in the text of the ordinance but which is unmapped. It is "anchored" to the land in response to an application for a zoning permit when the standards of the floating district are met. It then overlays the previous zoning designation. FLOOD PLAIN The land adjacent to a body of water which has been or may be hereafter covered by flood water, as defined by chapter NR115 of the WI Administrative Code. FLOODWAY The channel of a stream and those portions of the flood plain adjoining the channel that are required to carry and discharge the flood water or flood flows of any river or stream. FRONTAGE The smallest dimension of a lot abutting a public street measured along the street lines. GRADE/GRADING The alteration of the elevation of the land surface by stripping, excavating, filling, stockpiling of soil materials or any combination thereof and shall include the land from which the material was taken or upon which it was placed. GRADE (HOUSE) The final ground surface elevation, after construction, at the point where the exterior walls of the structure either meet, or emerge from the ground except where floodplain requirements apply. Sloping sites will have more than one grade as appropriate. This point shall normally be the highest elevation of the building site. GARAGE (PRIVATE) A structure primarily intended and used for the enclosed storage or shelter of the private motor vehicles, recreational vehicles, boats, yard equipment, etc., of the families residing at the premises upon which the garage is located. Carports shall be considered garages within this definition. GARAGE (Attached) A private garage sharing a common wall with the principal structure, or being attached to the principal structure with a fully enclosed breezeway. GARAGE (Public or Commercial) Any garage not falling within the definition of "private garage" as herein established, and used for storage, repair, rental or servicing of motor vehicles, recreational vehicles, boats, and yard equipment. HIGH WATER ELEVATION (Ordinary high water mark) The average annual high water level of a pond, stream, lake, flowage, or wetland referred to on an established datum plane or, where such elevation of the line up to which the presence of the water is so continuous as to leave a distinct mark by erosion, change in, or destruction of, vegetation or other easily recognized topographic, geologic or vegetative characteristics. HOUSEHOLD OCCUPATION Any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises, does not exceed fifty (50) percent of the area of only one floor of the residence, and uses only household equipment. A household occupation does not include display of goods. KENNEL, COMMERCIAL AND ANIMAL HOSPITALS An establishment where animal pets not part of the actual household on the lot on which the facility is located are raised, bred or boarded and/or medically treated. LIVING ROOM All rooms within a dwelling except closets, foyers, storage areas, utility rooms, and bathrooms. LOADING AREA A completely off‑street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley. LOT A contiguous parcel of land having a minimum of thirty three (33) feet of frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area, and other open space provisions of this Ordinance. LOT LINES AND AREA The peripheral boundaries of a parcel or lot and the total area lying within such boundaries. LOT WIDTH The mean horizontal distance between the side lot lines of a lot measured at right angles to the depth of such lot from its road or street frontage or other access to a public right of way. On irregularly shaped lots, the width shall be the average width of the lot within five (5) percent of the minimum required width. (Average width according to Ch. H65 Wisconsin Administrative Code.) MANUFACTURED HOME A structure substantially constructed off-site meeting minimum provisions for dwellings and meets all of the following criteria: (a) Transportable in one or more sections. (b) Built on a permanent chassis. (c) Placed on a permanent foundation. (d) Connected to utilities (plumbing, heating, gas, electrical). (e) Constructed on or after June 15, 1976 in accordance with U.S. Housing and Urban Development standards and identified with a HUD seal of approval. MINOR STRUCTURES Any small, movable accessory erection or construction such as tool houses, pet houses, play houses, ice shanty, and arbors, no more than eight (8) feet in height with no more than one hundred (100) square feet of building area. Not to exceed a total of three (3) per lot. MOBILE HOME** Constructed prior to June 15, 1976, a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of forty five (45) feet. MOBILE-MOUNTED SIGN A temporary sign which is mounted or designed for mounting on wheels or a temporary platform. MODEL HOME, GARAGE A building which is constructed, or located and used as an example of other such buildings which are offered for sale. The model itself is customarily not currently for sale or occupancy and may in some instances by only temporarily positioned on the site. The model differs from a "spec" building which is one that is permanently positioned on a site and is or will be available for immediate sale and occupancy. NON-CONFORMING USES OR STRUCTURES Any structure, land, or water lawfully used, occupied, or erected at the time of the effective date of this Ordinance or amendments thereto which does not conform to the regulations of this Ordinance or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a non-conforming structure and not a non-conforming use; provided, however, that an existing principal structure and attached garage(s) that is located 30 feet or more from road right-of-way and 7 feet or more from side lot lines shall be deemed a legal use for purposes of determining the area setback requirements contained in this Ordinance. OBSTRUCTION Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire fence, rock gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood‑hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. OPEN SPACE An unoccupied space open to the sky on the same lot as the principal structure or development which is in addition to other required yard areas and which is not used for parking or driveway purposes. OUTDOOR STORAGE The keeping of materials, equipment, product(s) or their components, outside of a structure. Customary accessory storage such as waste receptacles, or business vehicle parking shall not be considered outside storage provided the principal structure is present and said storage is directly associated with the principal use. OVERLAY ZONE Zoning requirements that are described in the ordinance text, mapped, and are imposed in addition to those of the underlying district. Developments within the overlay zone must conform to the requirements of both zones or the more restrictive of the two. PARKING LOT A structure or premises containing ten (10) or more parking spaces open to the public for rent or a fee. PARKING SPACE A graded and surfaced area of not less than one‑hundred eighty (180) square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley. PARTIES IN INTEREST Includes all abutting property owners, all property owners within one‑hundred (100) feet, and all property owners of opposite frontages. PIERHEAD LINE A boundary line established along any section of the shore or any navigable waters by a municipal ordinance approved by the State Department of Natural Resources, pursuant to Section 30.13 of the Wisconsin Statutes. Piers and wharves are only permitted to the landward side of such pierhead line unless a permit has been obtained pursuant to Section 30.12 (2) of the Wisconsin Statutes. PRINCIPAL USE The main use of land or structures as distinguished from a secondary or accessory use. PRIVATE OR QUASI‑PUBLIC CLUB An association of persons organized for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business. PRIVATE ROAD Any road or drive other than a public street or highway which serves two (2) or more principal structures. PROFESSIONAL HOME OFFICES Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians, or other recognized professions used to conduct such professions in which the office does not exceed one‑half (1/2) the area of only one (1) floor of the residence and no more than two (2) nonresident persons are employed for the conduct of such profession. REAR YARD A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot. RECREATIONAL VEHICLE Recreational vehicle means any of the following, whether it is "dependent" ‑requires camp facilities for toilet and lavatory, or "self‑contained" ‑ can operate independent of connections to sewer, water and electrical systems: (a) Camping trailer. A canvas or folding structure mounted on wheels and designed for travel, recreation and vacation use. (b) Motor‑home. A portable temporary dwelling to be used for travel, recreation and vacation, constructed as a integral part of a self‑propelled vehicle. (c) Pick‑up Coach. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. (d) Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and permanently identified as a travel trailer by the manufacturer of the trailer. (e) Tent. A portable lodge of canvas or strong cloth, stretched and sustained by poles. (f) Any similar vehicle, unit, etc., which is less than forty‑five (45) feet in length. RETENTION BASIN A pond‑type facility which provides for storage or storm‑water runoff and controlled release of this runoff during and after a flood or storm. ROAD A public right‑of‑way providing primary access to abutting properties. RUNOFF The portion of precipitation on the land which reaches a drainage system. SETBACK LINES The interior limits of the minimum required yard areas of a lot. SHORE YARD A yard extending across the full width or depth of a lot the depth of which shall be the minimum horizontal distance between a line intersecting both side lot lines at the same angle and containing the point of the high water elevation of a pond, stream, lake, or wetland nearest the principal structure and a line parallel thereto containing the point of the principal structure nearest the high‑water line. SHORELANDS Those lands lying within the following distances: One thousand (1,000) feet from the high‑water elevation of navigable lakes, ponds, and flowages and three hundred (300) feet from the high‑water elevation of navigable streams, or the landward side of the floodplain, whichever is greater. SHORELINES The intersection of the land surfaces abutting lakes, ponds, streams, flowages, and wetlands with the average annual high‑water elevation. SIDE YARD A yard extending from the street yard setback line to the rear yard setback line of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure. SIGNS Any words, letter, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trade marks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, professions, business, commodity or product and which is visible from any public street or highway but not including: (a) usual board notices in or about church property or any educational or public institution; (b) legal notices required to be posted by municipal, state or federal law; or (c) highway or traffic signs authorized to be erected by municipal, state or federal law. SMOKE UNIT The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes. STORAGE CAPACITY The volume of space available above a given cross section of a floodplain for the temporary storage of flood water. The storage capacity will vary with stage. STREET A public right‑of‑way providing primary access to abutting properties. STREET YARD A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two (2) such yards. STRUCTURE Any erection or construction, such as buildings, towers, masts, booms, signs, decorations, carports, machinery and equipment, and opaque fences. Structure, Accessory ‑ A building or portion of a building used for a purpose customarily incidental to the permitted principal use of the lot, or to a principal building, and located on the same lot as the principal use. Structure, Principal ‑ The building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located. STRUCTURAL ALTERATIONS Any change which would increase or decrease the floor area or height of a building. SUBSTANDARD LOT Any lot, with or without structures, having lesser dimensions and/or area than required by the districts of this ordinance. SURFACE WATER RUNOFF Water that results from precipitation which is not absorbed by the soil or plant material. TEMPORARY SIGN Any sign which pertains to auctions, bazaars, festivals, or other similar events or to any aspect of a political campaign. TEMPORARY STRUCTURE A movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure. TREE Any object of natural growth, except farm crops which are cut at least once a year, and except shrubs, bushes or plants which do not grow to a height of more than five feet. UTILITIES Public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power, substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, gas regulation stations and sewage disposal plants, but not including municipal incinerators, warehouses, shops and storage yards. WETLANDS Those lands which are level or nearly level and, based upon SWCD soil mapping data, are poorly drained. Such lands are flooded frequently and/or covered with water throughout most of the year. Such lands may be marked by old drainage channels and often may contain small bodies of water in places. The native vegetation was mainly sedges, rushes, reeds and other water tolerant plants. Both mineral and organic material are in these lands. These lands occur within the following soil series: Houghton, Willette, Palms, Edwards, Adrian, Udorthents, Fluvaquents. YARD An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot. ZONING ADMINISTRATOR A person designated by the Town Board to administer and enforce this Ordinance. Reference to the Zoning Administrator shall be construed to include duly appointed assistants responsible for enforcing and administering all requirements of this Zoning Ordinance. ZONING PERMIT An official finding that a proposed use of a property, as indicated by an application, complies with the requirements of the zoning ordinance or meets special conditions of a variance or conditional use permit; the ordinance will specify the building activities that need to have such a permit. * However, in no case shall mobile homes be considered as single-family or two-family dwellings under these definitions. ** See definition of “Dwelling -- Single Family” and “Dwelling -- Two-Family”. Section 2. General Provisions 2.1 Jurisdiction. The provisions of this Ordinance shall apply to all structures, land, water and air within the Town of Black Wolf, Winnebago County, Wisconsin. 2.2 Compliance. Unless otherwise provided by this Ordinance or applicable State or Federal Law, after the effective date of this Ordinance no structure, land or water shall be developed, and no structure or part thereof shall be located, erected, moved, reconstructed, enlarged, extended, converted or structurally altered without a Zoning Permit and without full compliance with this Ordinance and all other applicable Town, County and State regulations; provided, however, that this Ordinance shall not govern normal farming operations on farmland, or normal filling, grading or landscaping of land which is incidental to land use and development otherwise permitted under this ordinance. The Town Board, or any owner of property within the Town who are affected by a particular regulation, variance or conditional use under this Ordinance may sue to enforce, compliance with this Ordinance through injunctive relief in addition to any other remedy which may be available. (1) Building Inspector; Duties. (a) A Building Inspector shall be appointed by the Town Board at a rate of compensation and for a term of office which is established by the Town Board at the time of such appointment. When practicable, the Building Inspector shall be a resident of the Town; provided, however, that the Building Inspector shall possess such certification of skill or experience as may be required from time to time by the State of Wisconsin. (b) The Building Inspector shall examine all plans and/or blueprints of all structures to be located, erected, moved, reconstructed, enlarged, extended, converted or structurally altered, in order to insure compliance with the Building Code of the Town and other applicable town, county and state regulations. (c) The Building Inspector shall accept applications for permits and issue all permits. (2) Zoning Administrator; Duties.
(c) The Zoning Administrator and Building Inspector shall have access to premises and structures during reasonable hours to make those inspections as deemed necessary by them, or either of them, to ensure compliance with this Ordinance, applicable building codes and town, county and state regulations. They each shall have the authority to procure special inspection warrants in accordance with Wisconsin Statutes. (d) The Zoning Administrator and Building Inspector each shall have the authority to halt any location, erection, moving, reconstruction, enlargement, extension, conversion or structural alteration of a structure, or use of land, which is not in compliance with this Ordinance or applicable building codes and town, county and state regulations. In furtherance of this authority, the Building Inspector may revoke any building permits then issued which pertain to any non-conforming matter by notice in writing to the holder of such permit. (e) Building permits issued for any matter shall be posted in a prominent place on the premises for which the permit has been issued prior to and during the terms of the permit. (f) Notwithstanding any other provision of this Ordinance, where a Zoning Permit has been issued in accordance with law prior to the effective date of this Ordinance, and provided that construction is begun within six (6) months after such effective date and diligently pursued to completion, the subject of such permit may be completed in accordance with the approved plans on the basis on which the permit was issued. Upon completion such premises may be occupied under a Certificate of Compliance for the use designated in the permit. Thereafter, however, the premises shall be subject to all provisions of this Ordinance. (3) Planning and Zoning Committee
(b) A Chairperson shall be appointed by the Town Chairman with confirmation by the Town Board. (c) The Town Board shall appoint a secretary, who shall receive compensation according to the Town’s Salary rate. (d) Terms of service shall be for three (3) years and shall be staggered. (e) The Committee shall conduct all public hearings for Zoning applications, Conditional Use Permits, and Land Use planning.
(g) The Committee shall review and make recommendations on the Zoning and Land Use/Subdivision Ordinances and the Land Use Plan. (h) The Committee shall review matters as directed per this Ordinance.
2.3 Zoning Permit. a) Applications for a Zoning Permit shall be made in writing to the Zoning Administrator on forms which he or she shall provide, and shall include the following information, if applicable about the subject site: (1) Names and addresses of the applicant, owner of the site, and architect, professional engineer and contractor, if any; (2) Description of the subject site by its legal description according to the Winnebago County, Wisconsin, Registry or land survey in accordance with Town of Black Wolf, Wisconsin, Subdivision Ordinance; (3) Address of the subject site; (4) Zoning district in which the subject site is located; (5) Zoning district for which the applicant is applying for the subject site; (6) Type of structure to be constructed on the subject site, if known; (7) Existing and proposed use and operation of the subject site and if known, the structure; (8) Number of proposed or anticipated employees and/or occupants of the subject site and structure; (9) Plot plan showing the location, property boundaries, and dimensions, uses and sizes of the following: subject site; existing and proposed structures; existing and proposed sanitary facilities and well; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed yards; and finished grades. (a) The proposed finished grade for a principal structure at its center or other highest grade elevation on any such plot plan, shall be a grade which is not less than twelve (12) inches above the crown of any adjacent improved public or platted road (b) Where an alternate finished grade elevation would better suit the existing or proposed uses surrounding the subject site, or would better facilitate orderly surface water drainage on and off the subject site, the Building Inspector shall have the authority to set an alternative finished grade elevation at the time of application for a building permit; provided, however, that such alternative grade shall be noted on the zoning application and permit by the Building Inspector at the date of issue of the permit. b) A Zoning Permit shall be granted or denied in writing by the Zoning Administrator within thirty (30) days after receipt of a complete application. Where public sewer is unavailable, no permit shall be issued without the prior approval of sanitary plans and if applicable issuance of a Sanitary Permit by the Winnebago County, Wisconsin, Sanitary Inspector. Where public sewer is available no permit shall be issued without the prior approval of sanitary plans and, if applicable, issuance of a sanitary permit by the Town of Black Wolf Sanitary District #1. Except for barns, silos and similar farm buildings, no zoning permit shall be issued for any addition, reconstruction, enlargement or conversion of a principal structure where sanitary facilities are not provided either by the Town of Black Wolf Sanitary District #1 or otherwise in accordance with the Winnebago County, Wisconsin Sanitary Ordinance and Chapter H 62.20 of the Wisconsin Administrative Code as amended from time to time. (c) A Zoning Permit is issued in anticipation of proposed construction. It shall lapse and become void six months after date of issue unless substantial work on said construction has been commenced and diligently pursued within that period. 2.4 Building Permits. A Building Permit shall be required as per the Town of Black Wolf Building Permit Ordinance a) Applications for a Building Permit shall be made in writing to the Building Inspector on forms which he or she shall provide and which shall include the following: (1) Names and addresses of the applicant, owner of the site, and architect, professional engineer and contractor, if any; (2) Description of the subject site by its street address or, if there is none, by its legal description according to the Winnebago County, Wisconsin Registry or other land survey; (3) Type of structure or work proposed to be done and statement of cost of work proposed to be done or, where not known, good faith estimate of such cost. b) A Building Permit shall be granted or denied in writing by the Building Inspector within thirty (30) days after receipt of a complete application. Where public sewer is unavailable, no permit or new construction intended to be occupied by human beings shall be issued without the prior approval of sanitary plans and issuance of a Sanitary Permit by the Winnebago County, Wisconsin, Sanitary Inspector or the Town of Black Wolf Sanitary District #1. Except for barns, silos and similar farm buildings, no permit shall be issued for any addition, reconstruction, enlargement or conversion of a principal structure where sanitary facilities are not provided in accordance with the Town of Black Wolf Sanitary District #1 or Winnebago County, Wisconsin, Sanitary Ordinance and Chapter H. 62.20 of the Wisconsin Administrative Code as amended from time to time. c) Building Permits shall recite the information set forth in the application and shall be displayed at the subject site and shall lapse and become void six months after date of issue unless substantial work has been commenced and diligently pursued within that period. d) All building permits shall expire 24 months from date of issue. Any work not completed at the end of this time shall require a new permit. 2.5 Certified Survey Maps (CSM) Submittal. Combining parcels or creation of a Minor Land Division shall be by certified survey map. The certified survey map shall be submitted to the Town of Black Wolf Zoning Administrator (or designee). The certified survey map shall be prepared according to 236.34, Wisconsin Statutes, and shall show clearly on its face the following: 1. Whole Parent Parcel(s) must be shown on CSM when combining or dividing parcel parcel(s). a. All existing buildings. b. Setbacks c. Water Courses d. Drainage ditches e. Setbacks to structures to adjacent property and other features pertinent to division of property should be shown. f. D.O.T. approval when parcel is abutting a State of Wisconsin Highway or Federal Highway. g. Acreage to right-of-way spelled out. h. Location of access to road. 2. Prior CSM Number (if applies) a. Put at top. 3. Tax Parcel Number a. Put in a box b. On proper parcel or pointing to proper parcel 4. Existing parcel boundaries that fall within new parcel(s) shall be identified with dashes (---) or periods (…). 5. Date of Map With a Graphic Scale 6. Other Pages a. Surveyor’s Certificate, recorded survey description, surveyor signature and date. b. Owner(s) Certificate of Approval, signature(s) and date with Notary Public’s signature, date and commission expiration date. c. Town of Black Wolf Treasurer’s Certificate of Approval, signature and date verifying that there are no unpaid taxes or special assessments in accordance with 236.21(3). d. Town of Black Wolf Board Certificate of Approval, Town Chairman’s signature and date after board approval. Certified Survey Map after approval of all required authorities shall be recorded in the Winnebago County Register of Deeds Office. 2.6 Certificate of Compliance. Where a Zoning Permit is required under this Ordinance, no development or structure shall be used or occupied until a Certificate of Compliance has been issued by the Zoning Administrator. Such Certificate shall state that the development or structure is in compliance with the applicable standards of this Ordinance. An application for a Zoning Permit is deemed an application for a Certificate of Compliance. A Certificate of Compliance also shall be required before the use of, or change in use of any non-conforming use. However, upon written request of the owner, the Zoning Administrator shall issue a Certificate of Compliance for any building or premises existing at the time of the adoption of this Ordinance, which Certificate shall state the extent and kind of use made of the building or premises and the manner in which it may not conform to the provisions of this Ordinance. Residential lots which are plotted or otherwise identified by certified survey map or similar legal description on the effective date of this amended ordinance and which comprise less than one (1) acre in sewered areas and two (2) acres in un-sewered areas are not non-conforming lots or uses. 2.7 Site Restrictions. a) The following requirements shall apply to all land use sites:
(2) All principal residential structures shall be located on a lot; and only one principal residential structure shall be located, erected, or moved onto a lot. (3) No construction of accessory structures or accessory uses shall be permitted prior to construction of the primary residential, commercial, or business structure. (4) No Zoning Permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width. (5) Lots abutting more restrictive district boundaries than those of the district in which it is located, shall provide side and rear yards not less than those required in the more restrictive abutting districts. The street yards on the less restrictive district shall be modified for a distance of not more than seventy‑five (75) feet from the district boundary lines so as to equal the average of the street yards required in both districts. (6) All street setbacks shall be measured from the affected road right‑of‑way line, road easement or from any road widths shown on a duly adopted street width map. b) No land shall be used or structure erected where the land is determined to be unsuitable for such use or structure by the Town Board and the Town Of Black Wolf Planning and Zoning Committee, 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, aesthetics, and general welfare of the Town. c) "Aesthetics" may only constitute grounds for prohibiting a use of land or structure if such use will substantially and adversely affect the value of property in the vicinity or impose an odor, noise, or visual effect, upon neighbors or passersby which is clearly obnoxious to the prevailing aesthetics of the community. In all cases the Town Board shall serve as the Aesthetic Review Board. d) The Town Board, Building Inspector, Zoning Administrator and the Town Of Black Wolf Planning and Zoning Committee, in applying the provisions of this section, shall itemize in writing the particular facts upon which is based a conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he/or she so desires. Thereafter the Town Board, Building Inspector, Zoning Administrator and the Town Of Black Wolf Planning and Zoning Committee may affirm, modify, or withdraw its determination of suitability. 2.8 Surface Water Drainage. Controlled storage and release of surface water runoff shall be required for all commercial and industrial developments and for residential developments that contain an area in excess of five (5) acres in order to eliminate the accumulation or transportation of excess surface water runoff on or through other land or habitable structures. It is not the intent of this section to take land areas out of use for the sole purpose of storing excess surface water, nor to restrict land use or to increase development costs. The use of natural topographic paths of surface water runoff to form planned channels and the restriction of such channels to form storage areas is encouraged. Since political and ownership boundaries often make the use of natural topographic drainage patterns impractical, earth-moving that is done to develop land usage should also be planned to provide a bypass channel for surface water runoff that will not create a diversion of drainage or radically change applicable watershed boundaries. (1) Surface Water Drainage Design Considerations ‑ General. (a) Where required by Sec. 2.8, a complete surface water management system shall be provided in all areas within the development site for handling surface water runoff that flows into or across the site from the outside, or emanates from the site without undesired additional flooding of any other lands in the drainage basin. Soil types shall be coefficients within the basins involved. (b) Surface water drainage design shall consist of a drainage plan and report that demonstrates that peak post development flow rates shall be no greater than predevelopment flow rates for the 2, 25, and 100 year storms as determined by United States Department of Agriculture Technical Release 55 (TR-55), Urban Hydrology for Small Watersheds. The plan and report will follow Chapter 20.58 of the Black Wolf Subdivision Ordinance. (2) Surface Water Design Considerations ‑ Subdivisions & Planned Residential Areas. Subdivision plans and R‑5 "Planned Residential District" shall not be approved unless all lands intended for use as building sites can be assured drainage within the site plan, as approved by the Town. Unless other arrangements are made with the Town, the developer shall construct, install, and furnish all necessary drainage structures including pipes, catch basins, ditches, and retention areas etc. Construction shall conform to all Town specifications. (3) The drainage system for such site plan shall be integrated with generally existing drainage facilities covered by Town easement and/or established drainage which serves the area within the development, and said drainage shall not cause damage to any property rights of others. Discharge onto adjacent properties where there is no existing drainage outlet or where no natural drains exist will not be permitted without the developer acquiring the necessary easements, as determined by the town. (4) Lots subject to Sec. 2.8 shall be developed to maximize the amount of surface water drainage which is percolated into the soil on site and to minimize direct overland runoff into adjoining property, streets, and water courses. Water runoff from roofs and other impervious surfaces shall be diverted into swales, or terraces on the lot. Where a positive outfall is unavailable or inadequate, and the installation or revision of the outfall is not economically practicable, a retention‑seepage basin may be included in the drainage system. The basin shall be designed using accepted engineering practices. In all cases the basin shall be designed and located in such a manner as to cause the least amount of damage to the property of others when the design is exceeded. Sufficient drainage right‑of‑way shall be set aside to allow for egress, ingress, and continuous maintenance around the perimeter of the basin. 2.9 Use Restrictions. The following use restrictions and regulations shall apply, and unless otherwise specified, the basic standards of a district shall be minimum standards: (1) Principal Uses. Only those principal uses specified for a district, their on-site services and the following accessory uses and conditional uses shall be permitted in that district, except gardening shall be a principal use in all districts. (2) Accessory Uses. Unless otherwise specified in other sections, accessory uses and structures are permitted in any district, but not until their principal use and structure are 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; servant's, owner's itinerant agricultural laborer's, and watchman's quarters not for rent; private swimming pools; and private emergency shelters. (a) Accessory Use Location. Unless otherwise specified in other sections of this ordinance, accessory uses and detached accessory structures are permitted within the buildable area or in the rear yard only; they shall not be closer than ten (10) feet to the principal structure; shall not exceed seventeen (17) feet in height; shall not occupy more than twenty (20) percent of the rear yard area of the particular site; shall not be closer than three (3) feet to any lot line, or five (5) feet to any alley. (3) Conditional Uses. Conditional uses and their accessory uses are considered as special uses which require a public hearing and approval all in accordance with Section 4.0 of this Ordinance. In addition to those stated elsewhere in this Ordinance, the following shall be conditional uses in all zoning districts of this Ordinance: (a) Utilities ‑ and associated structures ‑ provided all principal structures and uses are not less than fifty (50) feet from any residential district lot line. (b) Governmental and cultural uses, except the town hall, town offices and town fire stations shall be considered principal uses ‑ except in the A‑l Agri‑Business District they shall require conditional use approval. (c) One‑time disposal, except in Floodplain/Shoreland District, subject to receiving DNR permit. (According to. Sec. 4.4). (4) Unclassified or Unspecified Uses. According to Section 10.7 (4) of this Ordinance. (5) 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 Town Of Black Wolf Planning and Zoning Committee. Other temporary uses, e.g. mobile homes, emergency housing needed due to natural disaster, etc., shall be reviewed annually for continued use according to Section 10.7 (6) of this Ordinance. (6) Animal Restriction. Unless otherwise specified, no premises in a Residential District shall be used to harbor more than two dogs. Puppies whelped on any such premises as a result of fortuitous mating may be retained on the premises until they are six months old and shall not be taken account of in determining the number not in excess of two (2) dogs here-in-above permitted on such premises. No premises in a Residential District shall be used for breeding or rearing of dogs for sale or hire or for the boarding of dogs for pay. The raising or keeping of exotic reptiles shall be prohibited. (7) Dog day Care/Kennel Licensing. No dog day care/kennel shall be located i) In any zone except A-1; ii) Within 2000 yards of any residential dwelling unit, other than the residence of the owner of such dog day care/kennel, unless all residents within the 2000 setback consent in writing to a lesser setback. (effective 5/2007) 2.10 Sanitary Regulations. The provisions of the Town of Black Wolf Sanitary District #1 Ordinance and of Chapters H62.20; H65 and NR112 of the Wisconsin Administrative Code, are incorporated by reference. 2.11 Reduction or Joint Use. After the effective date of this ordinance no lot, yard, parking area, building area, or other space shall be reduced in area or dimension below the requirements of this Ordinance. No part of any lot, yard, parking area, or other space required for a particular structure or use shall be used for any other structure or use. 2.12 Violations. It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this Ordinance. In case of any violation, the Town Board, the Zoning Administrator, the Town Of Black Wolf Planning and Zoning Committee, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this Ordinance. Every structure, fill or development placed or maintained in floodplains in violation of this Ordinance is a public nuisance; and the creation thereof may be enjoined and maintenance thereof may be abated by an action instituted by the Town or any citizen who lives in or within five hundred (500) feet of the floodland. 2.13 PENALTY: (1) General Penalty. Any person who shall violate any of the provisions of the Ordinance shall, upon conviction of such violation, be subject to a penalty, which shall be as follows: (a) First Offense – Penalty. Any person who shall violate any provision of this Ordinance shall, upon conviction thereof, forfeit not less than Fifty ($50.00) nor more than Three Hundred Dollars ($300.00), together with the cost of prosecution including reasonable attorneys’ fees and, in default of payment of such forfeiture and cost of prosecution including reasonable attorneys’ fees shall be added to the property tax, with an interest rate, with interest, at the current interest rate charged for delinquent property taxes.
Section 3. Zoning Districts 3.1 Residential Districts Interpretation. The residential zoning standards of this Ordinance are divided into those for home-sites with public sewer and those for home-sites dependent upon on-site private sewage disposal systems. Home-sites developed on a scattered basis, disassociated from any recorded subdivision or approved planned unit development shall conform to the lot size and associated standards of the appropriate residential district designated "non-subdivided". The smaller lot size and associated standards which accompany residential districts designated as "subdivided" shall be utilized in determining optimum land use in the process of establishing a duly recorded subdivision. "Subdivided" lot sizes and standards shall not be applied to any unplatted lands or assessor's plats, and when applied to existing plats shall not allow a change in recorded lot size without a certified survey map and replat of the affected subdivision, approved by the Town of Black Wolf Town Board prior to approval of the County. 3.2 Residential Conditional Uses. Residential conditional uses and their accessory uses are considered as special uses which require review, public hearing, and all in accordance with Section 4.0 of this Ordinance. In addition to those stated under Sec. 2.9, the following shall be conditional uses in all residential districts of this Ordinance. (1) Public, private and parochial elementary and secondary schools and all churches. (2) Clubs, fraternities, lodges, and meeting places of a non-commercial nature. (3) Home occupations and professional offices which require on site customer access. (4) Model homes and accessory sign according to Sec. 2.9. (5) Bed and Breakfasts. (6) Community living arrangements greater than 8 (eight) persons as defined in Sec. 59.97(15),Statutes. 3.3 Residential Accessory Uses. In addition to those accessory uses specified under Sec. 2.9, or under a special district, the following accessory standards shall apply in all residential districts: (1) Fences. (a) Fences will be permitted on or within the property line. On or within the side and rear yard the height shall not exceed six (6) feet. In the street yard, the fence shall be an open type (50% or less opaque) and shall not exceed four (4) feet in height; and shall be no closer than two (2) feet to a road R.O.W. In those cases where the rear yard is a shore yard, fences located between the shore yard setback line and half the distance to the high water mark shall adhere to the rear yard standard, and shall comply with the street yard standards. (b) Fences on the property line of a through lot abutting an access restricted right-of-way shall be allowed at the rear yard height and opacity standards. (2) Outdoor Lighting. Outdoor lighting installations shall be permitted in all yard areas, but no closer than three (3) feet to an abutting property line and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties. (3) Parking. According to Section 5.0. (4) Signs. According to Section 7.0. (5) Accessory Buildings. Accessory buildings including garages (attached and detached), storage structures, pole buildings and other similar structures in all residential districts or on a lot where the principal use is residential, shall conform to the following: (a) No detached accessory structure or garage shall exceed a height of twenty-two (22) feet, measured from floor to roof peak, on a parcel 1/2 acre or larger. A parcel under 1/2 acre shall not exceed a height of 17 feet, measured from floor to roof peak. Attached garages shall not exceed the height of the main structure. (b) Allowed floor area: 1) Total floor area for accessory structures in R-1 Residential District With a lot size of less than one acre(43,560 sq.ft.) shall not exceed 1200 sq. ft. 2) Total floor area for accessory structures in a R-1 Residential District or A-2 Agriculture District with R-1 use with a lot size of one acre (43,560 sq. ft.) or larger shall not exceed 1500 sq. ft. plus 1% of the lot area in excess of the 43,560 sq. ft. 3) Total floor area for accessory structures in an R-2 Residential subdivided or MH-1 Mobile Home District shall not exceed 900 sq. ft., except where the lot size exceeds 10,000 sq. ft., the total accessory square footage may increase by 1% of the lot area in excess of the 10,000 sq. ft. 4) Total floor area for an accessory structure with an R-3 Two Family Residential use shall not exceed 900 sq. ft. for a single accessory structure nor shall any combined total exceed 1700 sq. ft 5) Total floor area for R-4 Multi Family District and R-5 Planned Residential District shall not exceed: (a) Three units, 870 (eight hundred and seventy) sq. ft. (b) Each additional unit, 265 (two hundred and sixty-five) sq. ft. |
