Section Chapter 8 – Land Divisions, Zoning and Planning
CHAPTER 8.LAND DIVISIONS, ZONING AND PLANNING
Article 1.Subdivisions and Platting
Article 2.Land Divisions Other Than Subdivisions
Article 3.Zoning
Article 4.Village Plan Commission
ARTICLE 1.SUBDIVISIONS AND PLATTING
Section 8-101Must Conform with Proposed Plan for the Village
Section 8-102Plat Must Be Approved by Village Board
Section 8-103Preparation of Plans
Section 8-104Plans filed with Village Clerk
Section 8-105Subdivision Requirements
Section 8-106Revising Existing Plats
Section 8-107Parks, Playgrounds and School Sites
Section 8-108Sale Contract
Section 8-109Dedication
Section 8-110Penalty
Section 8-101Must Conform with Proposed Plan for the Village
No platting of any property shall hereafter be accepted by said Village unless the same conform substantially with the proposed plan of platting heretofore made by the Village Engineer of Shorewood, and approved by the Village Board, copy of which said general scheme of platting is hereto annexed and made a part hereof.
Section 8-102Plat Must be Approved by Village Board
A.No land shall hereafter be subdivided and no street or other public space shall hereafter be laid out within the Village of Shorewood until the plan or plans of such subdivision or street or other public space shall have been submitted to and approved by the Village Board of Trustees of Shorewood. Such approval must be in writing or stamped on such plan or plans. No lot, tract or parcel of land within any such subdivision shall be offered for sale nor shall any sale, contract for sale or option be made or given, until such subdivision has been formally approved by the Village Board of Trustees. No improvements, such as water supply, drainage, sewerage, sewerage disposal, gas service, electric service or lighting, or grading, paving or surfacing of streets, shall hereafter be made within any such subdivision, by any owner or owners or his or their agent or by any public service corporation at the request of such owner or owners or his or their agent, until the plans for the subdivision and also the plans for such improvements have been formally approved by the Village Board of Trustees.
B.Such approval shall not be given in any instance here above named unless all the plans and specifications and all the proposed work conforms to the requirements of this article.
Section 8-103Preparation of Plans
In general the minimum requirements for the subdivision of land and the laying out of streets and other public spaces shall be as follows:
A.All plans submitted for approval shall be in triplicate, drawn to a scale of not more than 100 feet to the inch, and shall be clearly and neatly drawn. Preliminary plans may be first submitted before the final plans are prepared.
B.All final plans shall show the proposed street lines, lot lines, building lines and all property or subdivision boundaries. They shall show, in accordance with an accurate land survey, the controlling points and lines around and within the subdivision itself and also by distance, bearings and angles, the relation of such controlling points and lines to the other controlling survey points within or near the Village of Shorewood. All survey monuments shall be indicated and there shall be at least one permanent monument placed at each property corner of the subdivided area, at least one at each street intersection. Such monuments shall be placed when the surveys are made and shall consist of one-inch iron pipe driven at least two feet into the ground and preferably imbedded in concrete.
C.Sufficient topography shall be shown to indicate the natural drainage and the probable finished grade of streets. All existing and proposed streets and alleys and other public spaces shall be shown, with the width and type of pavement or surfacing, and all other important features. Sufficient information shall be drawn to scale on the plans to indicate the relation of the proposed streets and other public spaces to the present street system of the Village, and also to the official Village plan, when and after such Village plan has been adopted.
D.The dimensions of all lots, and subdivisions and re-subdivisions of all lots shall be shown.
E.The proposed use of each lot, or group of lots, or subdivisions shall be indicated.
- The north point use of each lot, or group of lots, or subdivisions shall be indicated.
G.The north point and scale shall be shown, and the name and address of the petitioner and of the engineer or surveyor shall be given on each plan.
H.Whenever improvements, such as those named in paragraph 1 of this article, are proposed within any such subdivision or in any such street or other space, detailed plans, profiles and at least outline specifications of such improvements shall be likewise submitted in triplicate to the Village Board. Such plans and specifications shall show or indicate every essential detail of such improvements.
Section 8-104Plans Filed with Village Clerk
A.One copy of every such plan or plans, profiles and specifications shall be filed with the Village Clerk, one shall be preserved in the files of the Building Inspector and the third shall be returned to the petitioner, all with the approval or disapproval of the Village Board clearly indicated.
B.All plats, however, shall, in addition to the foregoing, comply with the provisions of the Wisconsin Statutes.
Section 8-105Subdivision Requirements
A.No land subdivision will be approved unless it is feasible, without unreasonable delay, to supply proper water, drainage and sewerage facilities.
B.The minimum width for any street shall be 50 feet except by special permit for purely local drives. When adjoining undeveloped property, a half street may be dedicated. Through streets shall be at least 60 feet wide.
C.The minimum width of any alley wherever provided shall be 15 feet. Where alleys are not provided, easements of not less than five feet in width shall be provided on each side of all rear lot lines, and on side lines where necessary, for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains. Easements of greater width may be required along the lines of or across lots where necessary for the extension of main sewers and similar purposes.
D.No block shall be longer than 1,000 feet between street lines. Blocks over 800 feet in length shall have one crosswalk not less than ten feet in width situated near the center of the block.
E.The arrangement of streets in new subdivisions shall make provisions for the direct continuation of the principal existing streets in adjoining subdivisions (or their proper projection where adjoining property is not subdivided) insofar as they
may be necessary for public requirements. In general, such streets shall be a width at least as great as the existing streets. The street and alley arrangement must also be such as to provide opportunity for access and use by adjoining property owners. Wherever a street is stub-end so that it will not at that end open into another street, an adequate turn around, either circular or Y-shaped, shall be provided.
F.All curb corners shall have radii of not less than 15 feet.
G.Grades of streets shall be the lowest feasible and no grade shall be in excess of five per cent on through traffic streets nor in excess of ten per cent on any other street.
H.Whenever streets or alleys are paved or surfaced such paving or surfacing shall be of a type of strength suitable for the volume and character of traffic to be expected.
I.All electric and telephone wires and all other wires for public service shall be placed underground, except that wires strung on poles are permissible if placed in the alleys or in the easements along the rear property lines.
J.All improvements shall conform to the best engineering standards. Due consideration shall be given throughout to the appearance of the subdivision and the various features thereof within its own boundaries and also in its environment in the Village of Shorewood.
Section 8-106Revising Existing Plats
A.Wherever any lots are laid off by any plat, showing a frontage for said lots on any street or avenue in the residence district of the Village, all buildings erected on same shall keep their frontage on such street or avenue so as to conform to the frontage of the lots as shown on such plat.
B.It shall be unlawful for any person, firm or corporation to divide or replat any lot or lots for residential purposes in the Village of Shorewood, so that any lot shall have a frontage of less than 40 feet or shall contain less than 4500 square feet.
C.It shall be unlawful for any person, firm or corporation to erect any building on any lot divided or replatted in violation of this section.
- Compliance with the provisions of this regulation shall be enforced by the proper officers of said Village by injunctional order issued upon the suit of said Village,
or may be enforced by injunctional order issued upon the suit of any owner or owners of any of the real estate within any district affected by this regulation.
Section 8-107Parks, Playgrounds and School Sites
In subdividing property, due consideration shall be given to the location of parks, playgrounds and schools.
Section 8-108Sale Contract
A copy of the subdivider's sale contract showing restrictions shall be furnished the Village Board of Trustees before final approval of the subdivision plan. Such contract shall relate that the lot or lots contracted for are subject to the Zoning Ordinance, Building Ordinance, and Subdivision Ordinance of the Village of Shorewood.
Section 8-109Dedication
The subdivider shall furnish to the Village Board of Trustees, a valid dedication of all streets and other public spaces to be dedicated and all easements provided by the subdivision plan or plans.
Section 8-110Penalty
Any person, partnership or corporation who violates this article shall be subject to a forfeiture of $25.00 and each day that such violation continues shall be held to be a separate offense, and in default of payment of such forfeiture and the costs of prosecution, shall be imprisoned in the County Jail or House of Correction of Milwaukee County for a period not to exceed 30 days.
ARTICLE 2. LAND DIVISIONS OTHER THAN SUBDIVISIONS
Section 8-201General
Section 8-202Procedure
Section 8-203Requirements
Section 8-204Certificates and Affidavits
Section 8-205Recording
Section 8-206Exceptions
Section 8-207Enforcement
Section 8-208Penalties
Section 8-201General
In the case of a division of land, which division does not create a subdivision as defined by Chapter 236, Wis. Stats., no lot shall be divided without the express permission of the Village Board. Permission to divide a lot may be denied by the Village Board:
A.If such denial is recommended by the Village Plan Commission, after a majority of the members of such committee have viewed the site of the proposed division and the surrounding neighborhood, and such committee has found as a fact by at least a majority vote that the lot or lots resulting from such division would be so at variance in width, area or shape with the lots in the immediate neighborhood or with the character of the applicable district in which the lot is located, or any ordinance amendatory thereof or supplementary thereto, as to cause a substantial depreciation in the property values of said neighborhood within said applicable district; or
B.Without recommendation of such denial by the Village Plan Commission, if after a majority of the members of such Village Board have viewed the site of the proposed division and the surrounding neighborhood, and such Village Board has found as a fact by at least a majority vote that the lot or lots resulting from such division would be so at variance in width, area or shape with the lots in the immediate neighborhood or with the character of the applicable district in which the lot or lots are located, or any ordinance amendatory thereof or supplementary thereto, as to cause a substantial depreciation in the property values of the said neighborhood within the applicable district.
Section 8-202Procedure
- The divider or owner of said lot or lots shall first consult the Village Engineer regarding the requirements of this code before submission of his plat or map; a final plat in the form of a certified survey map shall be submitted in triplicate to the Village Plan Commission, which shall make a recommendation to the Village Board within 60 days of such submission to approve, approve conditionally, or reject the map.
B.Upon receipt of the recommendation of the Village Plan Commission, the Village Board shall determine whether or not said application to divide shall be approved, approved conditionally, or whether it should reject the map submitted by the divider, which shall be determined within 40 days of the receipt of such recommendation from the Village Plan Commission. The divider or owner shall be notified in writing of the approval, or any conditions of approval, or the reasons for rejection.
Section 8-203Requirements
A.To the extent reasonably practicable, the plat shall comply with the provisions of this code or other applicable laws relating to general requirements and design standards and required improvements.
B.The survey shall be performed and the map prepared by a registered land surveyor.
C.All corners shall be monumented in accordance with Sec. 236.15(1)(c) and (d), Wis. Stats.
D.The final plat shall be prepared in accordance with Sec. 236.20(2)(a), (b), (c), (e), (f), (g), (h), (i), (j), (k) and (l), Wis. Stats. on durable white paper 8-l/2 inches wide by 14 inches long. All lines shall be made with nonfading black ink to a scale of not more than 100 feet to one inch.
Section 8-204Certificates and Affidavits
- The map shall include the certificate of ownership and the affidavit of the surveyor who surveyed and mapped the parcel, typed, lettered or reproduced legibly with nonfading black ink, giving a clear and concise description of the land surveyed by bearings and distances, commencing with some corner marked and
established in the U.S. Public Land Survey or some corner providing reference to a corner marked and established in the U.S. Public Land Survey. Such affidavit
shall include the statement of the surveyor to the effect that he has fully complied with the requirements of this section and Chapter 236, Wis. Stats.
B.The certificate of approval of the Shorewood Village Board shall be typed, lettered or reproduced legibly with nonfading black ink on the face of the map.
Section 8-205Recording
Following approval, the certified survey map and fee for recording of same in the office of the Register of Deeds of Milwaukee County shall be filed with the Village Clerk.
Section 8-206Exceptions
The provisions of this ordinance shall not apply to:
1.transfers of interests in land by will or pursuant to court order;
2.leases for a term not to exceed ten years, mortgages or easements;
3.the sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this code or other applicable laws;
4.any division made prior hereto in a written contract of sale in full force and effect on the effective date of this ordinance;
5.such other divisions exempted by ordinance.
Section 8-207Enforcement
No permit shall be issued by any governing official or employee of the Village of Shorewood for the construction of any building, structure or improvement to land or any lot within a subdivision or other land division as defined herein or for the installation of any utility in connection therewith until all the requirements of this chapter have been fully complied with.
Section 8-208Penalties
A.Any person, firm or corporation who fails to comply with the provisions of this article shall, upon conviction thereof, forfeit not less than $25.00 nor more than $500.00 and the costs of prosecution thereof, and in default of payment of such forfeiture and costs, shall be imprisoned in the CountyJail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.
B.In addition, the provisions of this article may be enforced by the Village of Shorewood by injunctional order issued upon the suit of said Village, or may be enforced by injunctional order upon the suit of any owner or owners of any of the real estate within any district affected by the regulations of this article.
ARTICLE 3.ZONING
Section 8-301Introduction
Section 8-302Definitions
Section 8-303General Provisions
Section 8-304Zoning Districts
Section 8-305Conditional Uses
Section 8-306Modifications
Section 8-307Legal Non-Conformity
Section 8-308Performance Standards
Section 8-309Offstreet Parking
Section 8-310Board of Appeals
Section 8-311Changes and Amendments
Section 8-301Introduction
A.Authority. These regulations are adopted under the authority granted by Sections 61.35 and 62.23(7), Wis. Stats.
B.Purpose. The purpose of this ordinance is to promote the health, safety, morals, prosperity, aesthetics and general welfare of this community.
C. Intent. It is the general intent of this ordinance 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 and air including access to sunlight for solar collectors and to wind for wind energy systems; provide adequate sanitation and drainage; prevent overcrowding of land; 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 community; and implement the community's comprehensive plan or plan components. It is further intended to provide for the administration and enforcement of this ordinance and to provide penalties for its violation.
D.Abrogation and Greater Restrictions. It is not intended by this ordinance 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 laws. However, wherever this ordinance imposes greater restrictions, the provisions of this ordinance shall govern.