STATE OF WISCONSIN VILLAGE OF OCONOMOWOC LAKE WAUKESHA COUNTY
ORDINANCE NO. 203
AN ORDINANCE TO
REPEAL AND RECREATE SECTION
17.22 OF THE
VILLAGE OF OCONOMOWOC LAKE ZONING
The Village Board of the Village of
Oconomowoc Lake, Waukesha County, Wisconsin DO ORDAIN AS FOLLOWS:
SECTION
1: The Village of Oconomowoc Lake
Zoning Ordinance, Section 17.22 entitled Property Maintenance is hereby
repealed and recreated as follows:
17.22 PROPERTY MAINTENANCE
(1) PURPOSE.
In
order to protect the health, safety and welfare of the residents of the Village
of Oconomowoc Lake, to maintain the desirability, amenities and property values
of the residential and commercial neighborhoods of the Village, and to protect
and enhance the natural beauty of Oconomowoc Lake in furtherance of the
foregoing objectives, the following property maintenance requirements are
hereby established for all properties in the Village of Oconomowoc Lake.
(2) GENERAL MAINTENANCE.
Every property owner in the Village of Oconomowoc Lake shall maintain the property in compliance with the following general requirements.
(a) The exterior of every structure shall be
maintained generally free of broken glass, loose shingles, excessive paint
peeling, crumbling stone, stucco or brick, loose boards or any other such
conditions reflective of deterioration or inadequate or deferred maintenance.
(b) Lots shall be kept clean and free from
any unsightly accumulation of debris, cut brush, and refuse.
(c) All non-paved yard areas shall be
maintained in grass, other vegetative groundcover, or trees and shrubs in
keeping with other properties in the neighborhood. Such groundcover, trees and shrubs shall be kept maintained. Nothing in this ordinance shall be construed
so as to change or require the change of natural forested areas throughout the
Village.
(d) All solid waste containers stored outside
shall be visually screened from view of passersby unless otherwise approved by the
Village Administrator.
(e) All private driveways and parking areas
shall be kept dust free.
(3) LITTER,
MUD, DIRT, STONE AND DEBRIS CONTROL.
(a) Every property owner in the Village of
Oconomowoc Lake shall maintain the property in such a manner as to:
1. prevent litter, mud, dirt, stone or
debris from being blown off of the property; and
2. prevent sediment or other pollutants
carried by runoff or discharge from the property from discharging into lakes,
streams or wetlands or otherwise passing onto neighboring properties.
(b) Every prime contractor for any
construction site in the Village of Oconomowoc Lake shall maintain the site in
such a manner as to:
1. prevent litter, mud, dirt, stone or
debris from being blown off the site; and
2. prevent sediment or other pollutants
carried by runoff or discharge from the property from discharging into lakes,
streams or wetlands or otherwise passing onto neighboring properties.
(c) All such litter or debris shall be
picked up at the end of each workday and placed in appropriate containers, or
stockpiles, or removed from the site, as appropriate to ensure compliance with
this section.
(4) OUTDOOR
STORAGE OF VEHICLES, EQUIPMENT, AND OTHER MATERIALS.
(a) Definitions. For purposes of this section, the following terms shall be
defined as follows. In the event a
dispute arises as to the interpretation of any of the following terms in the
context of any particular matter that may be affected by this section, the
property owner or the Village Administrator may submit the matter to the Village
of Oconomowoc Lake Plan Commission for final determination.
CATEGORY
1:
Category 1 shall mean commercial vehicles and
commercial equipment; recreational vehicles; trucks larger than one ton;
trailers; manure spreaders; tractors; lawn care equipment; and other vehicles
or equipment of a similar nature.
CATEGORY
2:
Category 2 shall mean automobiles and trucks one
ton or lighter that are not in regular use, or are under repair; and other
vehicles or equipment of a similar nature. The terms “not in regular use” and
“under repair” are to be interpreted in their ordinary sense, and are not
limited to a specific period of time; however, vehicles or similar equipment
shall be conclusively presumed to be “not in regular use” or “under repair” for
purposes of this definition if they are not driven away from the property on
which they are located at least once in any 30 day period, by their own power
(e.g., not towed or pushed).
CATEGORY 3:
Category 3 shall mean recreational equipment such
as piers, lifts, rafts and other equipment of a similar nature not specifically
set forth herein.
CATEGORY
4:
Category 4 shall mean boats and other water-related
vehicles not specifically set forth herein.
CATEGORY 5:
Category 5 shall mean jet skis, motorcycles,
snowmobiles, golf carts, all terrain vehicles, four-wheel drive off-the-road
vehicles, and other vehicles or equipment of a similar nature.
CATEGORY
6:
Category 6 shall mean all other equipment and
unsightly materials not specified in Categories 1, 2, 3, 4, or 5.
PLAINLY
VISIBLE
Plainly Visible shall mean that something is
readily seen at or beyond the boundaries of the property on which it is
located, from a location where persons are normally or occasionally present
(including, but not limited to, any point on Oconomowoc Lake or the Oconomowoc
River), provided the following apply:
·
it is not difficult
to see; and
·
it is readily
noticeable to an ordinarily observant person; and
·
it is obvious to the
eye; and
·
it tends to attract
attention by reason of size, brilliance, contrast, color, or location.
RECREATIONAL
VEHICLE
Recreational vehicle shall mean a vehicle or piece
of equipment that can be towed, hauled, carried or driven, that is designed to
be transported on a highway and used as a temporary living accommodation for
recreational camping and travel use, including, but not limited to, travel
trailers, truck campers, tent trailers, camping trailers, and self-propelled motor
homes.
(a) No outdoor junk vehicles. The outdoor parking or outdoor storage of
unlicensed, unregistered, inoperable, dismantled, wrecked or junk vehicles or
equipment of any category is expressly prohibited.
(b) Outdoor parking and outdoor storage
regulations by category.
Category 1. Outdoor storage or outdoor parking of
Category 1 items shall be prohibited at all times.
Category 2. Outdoor storage or outdoor parking of
Category 2 items shall be allowed for all or part of seven days in a calendar
year, and prohibited in excess of seven days in a calendar year.
Category 3. Outdoor storage of Category
3 items shall be prohibited from June 1st to August 31st.
The outdoor storage of Category 3 items is only allowed from September 1st
to May 31st if all of the following conditions are met:
1. All such items shall be neatly
arranged; and
2. All such items shall be placed in such
a way as to minimize visual obstruction from adjacent properties.
Category 4. Outdoor storage or
outdoor parking of Category 4 items
shall be prohibited at all times except that outdoor storage or outdoor parking
of such items is allowed at any time if all of the following conditions are
met:
1. The item must be located on a
waterfront property, and within 35 feet of the waterline; and
2. All such items shall be neatly
arranged; and
3. All such items shall be placed in such
as way as to minimize visual obstruction from adjacent properties; and
All such items shall be regularly used by the
property owner during the period from May 1st to September 30th
each year, or this exception does not apply.
Additionally, outdoor storage or outdoor parking of
Category 4 items shall be prohibited at all times between the ordinary high
water mark of Oconomowoc Lake and the pavement of West Beach Road and North
Beach Road even if otherwise allowed by this section, and the exceptions stated
in Sections (d)(3) and (d)(4) shall not apply to those locations.
Category 5. Outdoor storage or outdoor parking of
Category 5 items shall be prohibited at all times.
Category 6. Outdoor storage or outdoor parking of
Category 6 items shall be prohibited at all times.
(d) Exceptions. This Section 17.22(4) does not apply to the following issues,
except as to any matter identified in subsections (a) through (c) which
specifically states that these exceptions do not apply:
1. The requirements of this
Section 17.22(4) are only applicable to properties in the Village that are
zoned R-1 General Agricultural/Rural Residential District, R-2 Suburban
Residential District, and R-3 Low Density Residential District; all other
zoning districts are excluded in all properties that are subject to the
jurisdiction of Waukesha County shoreland and floodland protection ordinance
are excluded;
2. The requirements of this
Section 17.22(4) do not apply to properties that are used in compliance with a
lawfully issued conditional use permit, unless specifically stated otherwise in
the conditional use permit; provided that this exception is intended to allow the
matters describe in this Section 17.22(4) to be regulated on a case by case
basis for each matter that may be allowed as a conditional use; and provided
further that this exception is not to be interpreted as allowing outdoor
storage, itself, as a conditional use;
3. The requirements of this
Section 17.22(4) do not apply to Category 1, Category 2, Category 3, Category
4, Category 5 and Category 6 items if they are parked or stored in accordance
with the following:
i. They do not conflict with any
other ordinance; and
ii. Either of the following:
a. They are not parked or stored within a
public or private street setback area unless they are so thoroughly screened by
lawfully located structures along with other approved vegetative cover,
approved decorative fencing or a combination thereof, that they are not plainly
visible;
or
b. They are at such great distance, or are
so thoroughly screened by lawfully located structures, topography, vegetative
cover or approved decorative fencing or combination thereof, that they are not
plainly visible.
4. The requirements of this
Section 17.22(4) do not apply to Category 1, Category 2, Category 3, Category
4, Category 5 and Category 6 items if they are parked or stored incident to
their active use for a period of time not to exceed two consecutive days or
parts thereof for a maximum of thirty days in any calendar year.
(1) YARD AREAS.
All yard areas that consist of grass lawn shall be
maintained continually in a neat and
groomed manner.
(2) ENFORCEMENT.
The
Village Administrator shall enforce the provisions of this section and is
hereby authorized and directed to make inspections in response to a complaint
or when he/she has good reason to believe a violation has been or is being
committed. If an issue arises as to
whether or not specific material is unsightly (per Section (4)(a) Category 6),
or plainly visible, or whether any item of any category is plainly visible, the
matter may be referred to the Plan Commission, whereupon the Plan Commission shall
review the matter without the necessity of a public hearing and make a
determination. In all cases, upon
finding that a violation is being committed, the Village Administrator is
authorized and directed to provide the property owner with written notice of
the nature of the violation. The notice
shall require that the violation be corrected within fifteen (15) days of the
date of the notice. The property owner
may then appeal that notice of a violation upon written application to the
Village Plan Commission within said fifteen (15) days, and the notice shall so
indicate. If the violation continues
after fifteen (15) days have passed from the date of the notice, or in the
event of an appeal, if the Plan Commission affirms the determination of the
Village Administrator, then the Village Administrator is authorized and
directed to issue a citation to the property owner, and penalties shall apply
in accordance with Section 17.81 of this Chapter.
(3) NO LEGAL
NONCONFORMING RIGHTS.
Section
17.32 of this Chapter entitled “Nonconforming Uses, Structures and Lots,” shall
not apply to any of the obligations described in Section 17.22.
SECTION 2:
SEVERABILITY.
The
several sections of this ordinance are declared to be severable. If any section or portion thereof shall be
declared by a court of competent jurisdiction to be invalid, unlawful or
unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and shall not affect the
validity of any other provisions, sections or portions thereof of the
ordinance. The remainder of the
ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that
conflict.
SECTION 3:
EFFECTIVE DATE.
This
ordinance shall take effect immediately upon passage and posting or publication
as provided by law.
Dated
this 15th day of April, 2002.
VILLAGE
OF OCONOMOWOC LAKE
____________________________________________
Raymond
Foster, Jr., Village President
ATTEST:
__________________________________
Barbara
Stern, Village Clerk
Posted this 23rd day of April, 2002