Zoning, building permits and septic rules in Westby, Wisconsin

Westby’s own rules

• Building permitRequired

  New buildings, additions, structural alterations inside Westby city

  • Not required for replacement of major equipment, re-roofing meeting standards, interior finishing, cabinetry or minor repairs.
  • Not applicable to children's play structures and agricultural buildings on agricultural zoned parcels.
  • No permit until street dedicated and sewer, water, grading and graveling installed for residential buildings.

  “no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the city, except as herein provided, until a permit therefor shall first have been obtained by the owner”

• Building code adoptedAdopted

  Building construction inside Westby city

  • Adopted chapters include SPS 320-325 Uniform Dwelling Code, SPS 316 electrical, SPS 360-366 commercial building, SPS 381-387 plumbing.
  • Enforced by the city building inspector.

  “the following chapters of the wisconsin administrative code and wisconsin statues, as well as all subsequent revisions, are hereby adopted and incorporated into this code and shall be enforced by the building inspector”

• Local zoningPresent

  All land within the corporate limits of Westby city

  • Adopted under secs. 62.23(7) and 87.30, Wis. Stats.
  • A zoning permit is required for any new structure or new use (13-1-20(b)).

  “no new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit”

• Zoning districtsPublished

  Westby city zoning districts

  • Fifteen districts including overlays; any use not listed as permitted or conditional is prohibited (13-1-21(d)).

  “the city of westby is hereby divided into the following fifteen (15) zoning districts: (1) r-1 single-family residential district (2) r-2 single-family residential district (unsewered) (3) r-3 two-family residential district”

• Minimum lot sizeSpecified

  R-2 single-family residential district (unsewered)

  • Minimum depth 200 ft.
  • At least 25% of lot area must be under 12% slope with soil suitable for septic tanks.

  minimum lot area: >= 0.5 acre · minimum lot width: >= 100 ft (unless zoning administrator approves alternative sewage disposal method)

  “a. area: one-half (1/2) acre. b. width: one hundred (100) feet, unless the zoning administrator approves an alternative method of sewage disposal. lots shall have a minimum depth of two hundred (200) feet.”

  One more reviewed finding on this topic

  • Specified — R-1 single-family residential district

    “a. area: minimum eight thousand (8,000) square feet. b. width: minimum seventy-five (75) feet.”

• SetbacksSpecified

  R-1 single-family residential district

  • Corner-lot street-side yard 50% greater than the district minimum (13-1-23(d)).
  • Front yard may be averaged with adjacent structures (13-1-23(c)).

  street yard: >= 25 ft (or in line with existing houses) · rear yard: >= 10 ft · side yard: >= 5 ft (10 ft for new construction)

  “a. street: minimum twenty-five (25) feet from city's right-of-way line, or in line with existing houses. b. rear: minimum ten (10) feet. c. side: minimum five (5) feet each, except new construction which shall be ten (10) feet.”

  One more reviewed finding on this topic

  • Specified — R-2 single-family residential district (unsewered)

    “a. street: minimum twenty-five (25) feet. b. rear: minimum ten (10) feet. c. side: minimum five (5) feet each side, except new construction shall be ten (10) feet.”

• Lot coverageSpecified

  R-1 and R-2 single-family residential districts (same 40% limit in both)

  • No building on slopes of 20% or more except as a conditional use.

  maximum ground coverage by all structures: <= 40 percent

  “no more than forty percent (40%) coverage of lot area.”

• Building heightSpecified

  R-1 and R-2 single-family residential districts (35 ft in both)

  • Agricultural structures, public/semipublic facilities and listed special structures have separate height modifications in 13-1-23(a).

  maximum building height: <= 35 ft

  “(2) building height. maximum thirty-five (35) feet.”

• Living in an RVProhibited

  Use of a recreational vehicle as a dwelling unit inside Westby city

  • Chapter 3 of Title 13 (mobile homes and trailer parks) was not reviewed.

  “no cellar, basement or unfinished home, garage, tent, recreational vehicle, trailer or accessory building shall, at any time, be used as a dwelling unit.”

• Manufactured homesLimited

  Manufactured homes in the R-1 single-family residential district (R-2 and R-5 contain similar conditions)

  • Mobile homes excluded.
  • Must be a double wide at least 24 ft wide and 36 ft long.
  • Installed on an approved foundation (not a full frost wall) with wheels and axles removed.
  • Roof pitched at least 2:12 with non-reflective covering and overhanging eaves; further listed design conditions not fully reviewed.

  “manufactured homes complying with all of the following requirements and limitations: a. the home shall be a double wide of at least twenty-four (24) feet in width and thirty-six (36) feet in length.”

• Accessory dwellingsProhibited

  Dwelling use of accessory buildings or garages inside Westby city

  • Only one principal building and two accessory structures per residential lot.
  • Two-family dwellings are permitted in R-3.

  “no cellar, basement or unfinished home, garage, tent, recreational vehicle, trailer or accessory building shall, at any time, be used as a dwelling unit.”

• Mandatory utility hookupConditional

  New residential buildings inside Westby city

  • Permit issuance is tied to sewer and water being installed in the streets serving the property; the common council determines areas of availability of public utilities.
  • R-2 district allows unsewered single-family lots.

  “no building permit shall be issued for the construction of any residential building until sewer, water, grading and graveling are installed in the streets necessary to service the property for which the permit is required”

• Agricultural exemptionConditional

  Agricultural buildings on agricultural zoned parcels inside Westby city (city building code)

  • Applies only to agricultural buildings on agriculturally zoned parcels (A-1/A-2).

  “not included are children's play structures and agricultural buildings on agricultural zoned parcels.”

• Permit processPartial

  Building permit applications inside Westby city

  • Two sets of plans required for new buildings or expansions; plot plan required for new buildings and additions.
  • Permits expire if work is not started within six months or not completed within twelve months.

  “a building permit, other than wisconsin uniform building permit, shall lapse and be void unless building operations are commenced within six (6) months and if construction has not been completed within twelve (12) months from the date of issuance thereof.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Westby or Vernon County directly.

• Owner-builder exemption — Owner-builder inside Westby city
• Inspections — Inspections of construction inside Westby city
• Minimum dwelling size — Minimum dwelling size inside Westby city
• Camping on your land — Temporary camping inside Westby city
• Tiny homes — Tiny homes inside Westby city

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.