City of Nekoosa, WI
Wood County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No. 423. Amendments noted where applicable.]
GENERAL REFERENCES
Public nuisances — See Ch. 10.
Health and sanitation — See Ch. 11.
Licenses and permits — See Ch. 12.
Municipal utilities — See Ch. 13.
Building Code — See Ch. 14.
Parks and other City property — See Ch. 15.
Shoreland-wetland zoning — See Ch. 18.
Floodplain zoning — See Ch. 19.

§ 17.01 Statutory authority.

This chapter is adopted under the authority granted by § 62.23, Wis. Stats.

§ 17.02 Purpose.

The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics and the general welfare of the City.

§ 17.03 Intent.

It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters; regulate and restrict lot coverage, population distribution and density and the size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of the land and conservation of natural resources; and preserve and promote the beauty of the City. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

§ 17.04 Abrogation and greater restrictions.

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

§ 17.05 Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

§ 17.06 Severability.

If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

§ 17.07 Repealer.

All other ordinances or parts of ordinances of the City inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.

§ 17.08 Title.

This chapter shall be known as, referred to or cited as the "Zoning Code, City of Nekoosa, Wisconsin."

§ 17.09 General regulations.

(1) 
Jurisdiction. The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the City of Nekoosa.
(2) 
Compliance. No structure shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable City, county and state regulations.
(3) 
Site restrictions.
(a) 
General restrictions. No land shall be used or structure erected where the land is held unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the City. The Zoning Administrator, in applying the provisions of this subsection, shall, in writing, recite the particular facts upon which he bases his conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to appeal a finding of such unsuitability to the Zoning Board of Appeals if he so desires. Thereafter, the Zoning Administrator may affirm, modify or withdraw his determination of unsuitability.
(b) 
Minimum frontage. All lots shall abut upon a street and each lot shall have a minimum frontage of 75 feet at the building setback line.
(c) 
Principal structure. All principal structures shall be located on a lot and only one principal structure shall be located, erected or moved onto a lot.
(d) 
Street access. No zoning permit shall be issued for a lot which abuts a public street dedicated only to a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
(e) 
Private sewer and water. In any district where a public water supply or public sewerage service is not available, inhabitable buildings shall be constructed or placed on a lot that complies with Ch. SPS 385, Wis. Adm. Code.
(4) 
Use restrictions. The following use restrictions and regulations shall apply:
(a) 
Principal uses. Only those principal uses specified for a district, their essential services, and those uses enumerated below shall be permitted in a designated district.
(b) 
Accessory uses. Accessory uses and structures are permitted in any district, but not until the principal structure is present or under construction.
(c) 
Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing and approval by the Council in accordance with § 17.26 of this chapter.
(d) 
Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the Plan Commission, provided that such uses are similar in character to the principal uses permitted in the district.
(5) 
(Reserved)[1]
[1]
Editor's Note: Original § 17.09(5), Height regulations, was repealed at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(6) 
Visual clearance. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet above the center-line grades of the intersecting streets in the area bounded by the street lines of such corner lot and a line joining points along said street lines 25 feet from the point of the intersection.
(7) 
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 Zoning Board of Appeals.
(8) 
Reduction or joint use. No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
(9) 
Corner lot setbacks. In addition to other setback requirements, the side yard of a corner lot abutting the street shall be a minimum of 25 feet.
(10) 
Performance standards. Performance standards listed in § 17.32 of this chapter shall be complied with in all districts.

§ 17.10 Zoning permits.

(1) 
Application. Application for a zoning permit shall be made to the Zoning Administrator on forms furnished by the Administrator and may include the following, where applicable. In case of simple extensions, alterations, repairs or restorations, the Administrator may waive any or all of the requirements hereunder and accept, in lieu thereof, a simple sketch by the applicant with explanatory data found sufficient by the Administrator to adequately identify and explain the proposed construction and use.
(a) 
Names and addresses of the applicant or owner of the site and the architect, professional engineer or contractor.
(b) 
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(c) 
Plat of survey showing the location, boundaries, dimensions, elevations, uses and size of the following:
1. 
Subject site.
2. 
Existing and proposed structures.
3. 
Existing and proposed easements.
4. 
Streets and other public ways.
5. 
Off-street parking, loading and driveways.
6. 
Existing highway access restrictions.
7. 
Existing and proposed street, side and rear yards.
8. 
Elevation and use of abutting lands within 40 feet.
(d) 
When required, the application for a zoning permit shall also contain copies of approved plans by the Wisconsin Department of Safety and Professional Services.
(e) 
No fee is required.
(f) 
Additional information as may be required by the Plan Commission, the Council or the Zoning Administrator.
(2) 
Grant or denial. The zoning permit applied for shall be granted or denied in writing by the Zoning Administrator within 30 days. Any permit issued in conflict with the provisions of this chapter shall be null and void.

§ 17.11 Definitions.

For the purposes of this chapter, the following definitions shall be used:
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.
ALLEY
A special public right-of-way affording only secondary access to abutting properties.
APARTMENT
A portion of a residential or commercial building used as a separate housing unit.
APARTMENT HOUSE
See "dwelling, multifamily."[1]
ARTERIAL STREET
A public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways, as well as arterial streets, highways and parkways.
BASEMENT
That portion of any structure located partly below the average adjoining lot grade.
BOARDINGHOUSE
A building, other than a hotel or restaurant, where meals or lodging is regularly furnished by prearrangement for compensation for four or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.
BUILDING
Any structure having a roof supported by columns or walls used, or intended to be used, for the shelter or enclosure of persons, animals, equipment, machinery or materials.
BUILDING, ALTERATION OF
Any change or rearrangement of the supporting members, such as bearing walls, beams, columns or girders, of a building, an addition to a building, or movement of a building from one location to another.
BUILDING AREA
The total living area bounded by the exterior walls of a building at the floor levels, but not including basements, utility rooms, 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 of gable, gambrel, hip and pitch roofs; or to the deckline of mansard roofs.
BULKHEAD LINE
A geographic line along a reach of a navigable stream that has been adopted by a municipal ordinance and approved by the Department of Natural Resources pursuant to Ch. 30, Wis. Stats., and which allows complete filling on the landward side, except where floodway regulations of this chapter would prohibit such filling.
CARPORT
See "garage, private."[2]
CONDITIONAL USE
Use of a special nature as to make impractical its predetermination as a principal use in a district.
CONFORMING USE
Any lawful use of a building or lot which complies with the provisions of this chapter.
CORNER LOT
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
DWELLING
A detached building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodging houses, motels, hotels, tents, cabins or mobile homes.
DWELLING, MULTIFAMILY
A building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, attached townhouses and condominiums.[3]
DWELLING, SINGLE-FAMILY
A detached building designed, arranged or used for and occupied exclusively by one family, and shall include a manufactured home.[4]
DWELLING, TWO-FAMILY
A building designed, arranged or used for or occupied exclusively by two families living independently of each other.
DWELLING UNIT
A building or portion thereof used exclusively for human habitation, including single-family, two-family and multifamily dwellings, but not including hotels, motels or lodging houses.
ESSENTIAL SERVICES
Services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewage, stormwater drainage and communications systems, and accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.
FAMILY
One person or two or more persons, related by blood, foster relationship, marriage or adoption, and, in addition, any domestic servants or gratuitous guests thereof; or one or more persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.[5]
FARM
Land consisting of 10 acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.
FLOOR AREA
The floor area of a building is the sum of the gross horizontal area of the several floors of the building measured from the exterior face of the exterior walls, or from the center line of the walls separating the building, but not including the basement, utility rooms, garages, porches, breezeways and unfinished attics.
FRONTAGE
The smallest dimension of a lot abutting a public street, measured along the street line.
GARAGE, PRIVATE
A building used primarily for private vehicle storage.
GARAGE, PUBLIC
Any garage other than a private garage which is open to the public and used for the storage or repair of motor vehicles.
HOME 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 20% of the area of any floor, uses only household equipment, and no stock-in-trade is kept or sold except that made on the premises. A home occupation includes uses such as baby-sitting, millinery, dressmaking, canning, laundering and crafts, but does not include the display of any goods nor such occupations as barbering, beauty shops, dance schools, gift stores, real estate brokerage or photographic studios. Door-to-door sales persons may temporarily store stock-in-trade on the premises, provided that no stock-in-trade is displayed or sold on the premises and no customer pickups are made.[6]
HOTEL or MOTEL
A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or suite.
JUNKYARD
An open space where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A junkyard also includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.
LIVING ROOMS
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 parcel of land having 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 and parking areas, and other open space provisions of this chapter.
LOT LINES AND AREA
The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT WIDTH
The horizontal distance between the side lot lines.
MACHINE SHOPS
Shops where lathes, presses, grinders, shapers and other wood- and metalworking machines are used, such as blacksmith, tinsmith, welding and sheet metal shops and plumbing, heating and electrical repair and overhaul shops.
MANUFACTURED HOME
A structure certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5426, which, when placed on a site:
(1) 
Is set on an enclosed foundation in accordance with § 70.043(1), Wis. Stats., and Ch. SPS 321, Subchs. III, IV and V, Wis. Adm. Code.
(2) 
Is installed in accordance with the manufacturer's instructions.
(3) 
Is properly connected to utilities on the owner's property.
MOBILE HOME
Mobile units or modified mobile units, including units with or without wheels or means of mobility, designed to be transported to a site and designed for permanent living, sleeping or commercial purposes.
MOBILE HOME PARK
Any lot on which two or more mobile homes are parked for the purpose of temporary or permanent habitation.
NONCONFORMING USE OR STRUCTURE
Any structure, land or water lawfully used, occupied or erected at the time of the effective date of this chapter or amendments thereto which does not conform to the regulations of this chapter 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 nonconforming structure and not a nonconforming use.[7]
PARKING LOT
A structure or premises containing 10 or more parking spaces open to the public.
PARKING SPACE
A graded and surfaced area not less than nine feet wide and 20 feet long, either enclosed or open, for the parking of a motor vehicle and having adequate ingress and egress to a public street or alley.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners within 100 feet and all property owners of opposite frontage.
PERMITTED USE
A use which may be lawfully established in a particular district or districts, provided that it conforms to all requirements, regulations and standards of such district.
PLANNED DEVELOPMENT GROUP
A group of three or more principal buildings designed to be maintained and operated as a unit in single ownership or control and which has certain facilities in common such as yards and open spaces, recreation areas, garages and parking areas.
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 their professions, where the office does not exceed 1/2 of the area of only one floor of the residence and only one nonresident person is employed.
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 a 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.
SETBACK
The minimum horizontal distance between the street right-of-way line or rear lot line and the nearest point of a building or any projection thereof, excluding uncovered steps.
SIDE YARD
A yard extending from the street yard to the rear yard 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.
SIGN
Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which are visible from any public street or highway.
STORY
That portion of a building included between the surface of a floor and the surface of the floor next above it or the space between the floor and the ceiling next above it, if there be no floor above it. A basement or cellar having 1/2 or more of its height above grade is a story for purposes of height regulations.[8]
STREET
A public right-of-way not less than 50 feet wide 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 such yards.
STRUCTURAL ALTERATION
Any change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders.
STRUCTURE
Any erection or construction such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.
UTILITIES
Public and private facilities such as water wells, sewage pumping stations, power and communications transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

§ 17.12 Community living arrangements; family day-care homes.

(1) 
State laws adopted. The provisions of §§ 62.23(7)(i) and 66.1017, Wis. Stats., are hereby adopted by reference and shall supersede all permitted and conditional uses as stated in this chapter.
(2) 
Permitted uses; restrictions.[1]
Community Living Arrangements (CLA); Family Day-Care Homes
Districts Permitted
Statutory Restrictions
(a)
Foster family home, domicile licensed under § 48.62, Wis. Stats., up to 4 children
All residential districts
None
(b)
Other foster homes
All residential districts
§ 62.23(7)(i)1 and 2, Wis. Stats.
(c)
CLA, up to 8 persons
All residential districts
§ 62.23(7)(i)1, 2 and 9, Wis. Stats.
(d)
CLA, 9 to 15 persons
Multifamily districts
§ 62.23(7)(i)1, 2 and 9, Wis. Stats.
(e)
Family day-care home licensed under § 48.65, Wis. Stats., up to 8 children
All 1- and 2-family districts
§ 66.1017, Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(3) 
Conditional uses: all community living arrangements and family day-care homes not permitted in Subsection (2) above. See § 17.26 of this chapter.

§ 17.13 Zoning districts established.

For the purpose of this chapter, the City is hereby divided into the following zoning districts:
(1) 
R-1 Single-Family Residential District.
(2) 
R-2 Two-Family Residential District.
(3) 
R-3 Multifamily Residential District.
(4) 
R-4 Mobile Home Residential District.
(5) 
B-1 Central Business District.
(6) 
B-2 General Business District.
(7) 
M-1 Industrial District.
(8) 
A-1 Agricultural District.
(9) 
C-1 Conservancy District.

§ 17.14 District boundaries.

(1) 
Zoning Map. The boundaries of the districts enumerated in § 17.13 of this chapter are hereby established as shown on a map titled "Zoning Map, City of Nekoosa, Wisconsin," dated January 5, 1988, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Mayor and the City Clerk and shall be available to the public in the office of the City Clerk. Changes to the districts subsequent to January 5, 1988, shall not be effective until entered and attested on this certified copy.
(2) 
Boundary lines. The boundaries shall be construed to follow corporate limits; U.S. Public Land Survey lines; lot or property lines; center lines of streets, highways, alleys, easements and railroad rights-of-way; or such lines extended, unless otherwise noted on the Zoning Map.
(a) 
Vacation. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
(b) 
Annexations and consolidations. Annexations to or consolidations with the City subsequent to the effective date of this chapter shall be placed in the A-1 Agricultural District unless the annexation ordinance temporarily places the land in another district. Within 90 days, the Plan Commission shall evaluate and recommend a permanent district classification to the Council.[1]
[1]
Editor's Note: Original § 17.14(3), Amendments to map, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

§ 17.15 R-1 Single-Family Residential District.

(1) 
Permitted uses:
(a) 
Single-family dwellings with attached or detached garage.
(b) 
Yard equipment storage structure.
(c) 
Swimming pool.
(d) 
Permitted home occupations and professional home offices.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(2) 
Conditional uses. See § 17.26 of this chapter.
(3) 
Lot, yard and building requirements:
[Amended by Ord. No. 487]
(a) 
Lot frontage: minimum 75 feet.
(b) 
Lot area: minimum 7,500 square feet (without sewer, 22,000 square feet).
(c) 
Principal building:
1. 
Front yard: minimum 25 feet.
2. 
Side yards: minimum six feet, 15 feet total.
3. 
Rear yard: minimum 20% of depth.
(d) 
Accessory buildings:
1. 
Front yard: minimum 25 feet.
2. 
Side yards: minimum three feet.
3. 
Rear yard: minimum three feet (seven feet abutting alley; 15 feet if door abuts alley).
(e) 
Building height:
1. 
Principal building: maximum two stories, maximum 35 feet.
2. 
Accessory building: maximum one story, maximum 25 feet.
(f) 
Percent of lot coverage:
1. 
Principal building: maximum 30%.
2. 
Accessory buildings: maximum 10%.
(g) 
Off-street parking: minimum two spaces. (See also § 17.27 of this chapter.)
(4) 
Additional building and aesthetic requirements. Each single-family dwelling shall:
(a) 
Be attached to a permanent foundation.
(b) 
Have a roof with a minimum of one-foot overhang, covered with shingles or tile and at least a 1:3 pitch.
(c) 
Have an exterior wall surface finished with materials which are similar in appearance to materials used on existing dwellings located in the surrounding area. The reflection from such exterior wall surface shall not be greater than from siding painted with white semigloss exterior enamel.

§ 17.16 R-2 Two-Family Residential District.

(1) 
Permitted uses:
(a) 
Uses permitted in R-1 District.
(b) 
Two-family dwellings.
(2) 
Conditional uses. See § 17.26 of this chapter.
(3) 
Lot, yard and building requirements:
[Amended by Ord. No. 488]
(a) 
Lot frontage: minimum 75 feet.
(b) 
Lot area: minimum 7,500 square feet.
(c) 
Principal building:
1. 
Front yard: minimum 25 feet.
2. 
Side yards: minimum eight feet, 18 feet total.
3. 
Rear yard: minimum 20% of depth.
(d) 
Accessory building:
1. 
Front yard: minimum 25 feet.
2. 
Side yards: minimum three feet.
3. 
Rear yard: minimum three feet (seven feet abutting alley; 15 feet if door abuts alley).
(e) 
Building height:
1. 
Principal building: maximum two stories, maximum 35 feet.
2. 
Accessory building: maximum one story, maximum 25 feet.
(f) 
Percent of lot coverage:
1. 
Principal building: maximum 30%.
2. 
Accessory buildings: maximum 10%.
(g) 
Off-street parking: minimum two spaces. (See also § 17.27 of this chapter.)
(4) 
Additional building and aesthetic requirements: same as R-1 District.

§ 17.17 R-3 Multifamily Residential District.

(1) 
Permitted uses:
(a) 
Same as R-1 and R-2 Districts.
(b) 
Multifamily dwellings.
(2) 
Conditional uses. See § 17.26 of this chapter.
(3) 
Lot, yard and building requirements:
[Amended by Ord. No. 489]
(a) 
Lot frontage: minimum 75 feet.
(b) 
Lot area: minimum 7,500 square feet, 2,000 square feet per unit.
(c) 
Principal building:
1. 
Front yard: minimum 25 feet.
2. 
Side yards: minimum 10 feet, 22 feet total.
3. 
Rear yard: minimum 30 feet.
(d) 
Accessory building:
1. 
Front yard: minimum 25 feet.
2. 
Side yards: minimum three feet.
3. 
Rear yard: minimum three feet.
(e) 
Building height:
1. 
Principal building: maximum three stories, maximum 45 feet.
2. 
Accessory building: maximum 25 feet.
(f) 
Percent of lot coverage:
1. 
Principal building: maximum 30%.
2. 
Accessory buildings: maximum 10%.
(g) 
Off-street parking: minimum two spaces per unit. (See also § 17.27 of this chapter.)

§ 17.18 R-4 Mobile Home Residential District.

(1) 
Permitted uses:
(a) 
Mobile home parks.
(b) 
Mobile home subdivisions.
(2) 
Conditional uses: none.
(3) 
Mobile home park requirements. See § 12.08 of this Code and § 17.29 of this chapter.
(4) 
Mobile home subdivision lot, yard and building requirements:
(a) 
Lot frontage: minimum 50 feet.
(b) 
Lot area: minimum 6,000 square feet.
(c) 
Principal building:
1. 
Front yard: minimum 25 feet.
2. 
Side yards: minimum 10 feet.
3. 
Rear yard: minimum 25 feet.
(d) 
Building height: maximum 15 feet.
(e) 
Percent of lot coverage: maximum 25%.
(f) 
Floor area: minimum 500 square feet.
(g) 
Off-street parking: minimum two spaces. (See also § 17.27 of this chapter.)
(h) 
Stand, tie down and skirting requirements. See § 17.29(11), (12) and (13) of this chapter.

§ 17.19 B-1 Central Business District.

The B-1 Central Business District is intended to provide a centralized area for the business and commercial needs of the City.
(1) 
Permitted uses:
(a) 
Single-family dwelling as an accessory use over or behind the principal use.
(b) 
General business and commercial uses which do not generate noise, smoke and odors that would create a public or private nuisance. These uses generally include the following:
1. 
Retail establishments selling food, household goods, hardware, wearing apparel and similar goods.
2. 
Banks, commercial or professional home offices and telephone offices.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
3. 
Hotels and motels.
4. 
Theaters, bowling alleys and places of amusement.
5. 
Restaurants, taverns and bars.
6. 
Personal service, automobile service, and equipment service establishments.
7. 
Public transportation terminals.
8. 
Uses customarily incident to any of the above uses.
(2) 
Conditional uses: other uses similar in character to permitted uses. (See also § 17.26 of this chapter.)
(3) 
Lot, yard and building requirements:
[Amended by Ord. No. 490]
(a) 
Lot frontage: none.
(b) 
Lot area: none.
(c) 
Principal building:
1. 
Front yard: none.
2. 
Side yards: none, except minimum 10 feet adjacent to residential district.
3. 
Rear yard: none, except minimum 25 feet adjacent to residential district.
(d) 
Accessory building:
1. 
Front yard: none.
2. 
Side yards: none, except minimum 10 feet adjacent to residential district.
3. 
Rear yard: none, except minimum 10 feet adjacent to residential district.
(e) 
Building height: maximum 50 feet.
(f) 
Number of stories: maximum three.
(g) 
Percent of lot coverage: maximum 90%.
(h) 
Off-street parking and loading requirements: none.

§ 17.20 B-2 General Business District.

The B-2 District is established to provide for principally motor-vehicle-oriented or dependent commercial activities.
(1) 
Permitted uses:
(a) 
Uses permitted in B-1 District.
(b) 
Automotive sales, servicing and repairs; automotive parts sales, including incidental service and repair; provided, however, that all vehicles be in operative condition; department stores; discount stores; drive-in banks; drive-in establishments serving food or beverage for consumption outside the structure; laundromats; places of entertainment; recreational establishments; service stations, washing and repair stations, provided all gas pumps are not less than 30 feet from any existing or proposed street line; shopping centers; and supermarkets.
(2) 
Conditional uses: farm machinery and equipment sales, repair and storage; feed and seed stores; food locker plants; greenhouses; lumberyards and contractor's yards; cleaning-, dyeing- and pressing-related trades; publishing, including newspaper publishing, job printing, lithographing, blueprinting; other uses similar in character with the approved uses, giving due consideration to such items as noise, odor, pollution, traffic and parking, safety, hours and type of operation; uses clearly similar in character to those listed above.
(3) 
Lot, yard and building requirements:
[Amended by Ord. No. 491]
(a) 
Lot frontage: minimum 100 feet.
(b) 
Lot area: minimum 20,000 square feet.
(c) 
Front yard: minimum 25 feet, 50 feet if parking is permitted.
(d) 
Side yards: minimum 20 feet.
(e) 
Rear yard: minimum 20 feet.
(f) 
Building height: maximum 50 feet.
(g) 
Number of stories: maximum three.
(h) 
Percent of lot coverage: maximum 40%.
(i) 
Off-street parking and loading requirements. See § 17.27 of this chapter.

§ 17.21 M-1 Industrial District.

The M-1 Industrial District is intended to provide space for industrial and manufacturing uses at appropriate locations in the City.
(1) 
Permitted uses: none.
(2) 
Conditional uses. Any industrial use may be granted, subject to the conditional use provisions of § 17.26 of this chapter, except those that would create a public or private nuisance or present a danger to residents of the City or would generate noise, smoke, traffic or air or water pollution in excess of the applicable federal and/or state standards.
(3) 
Prohibited uses. All other uses (residential, commercial and public) are prohibited, except a dwelling may be provided for a caretaker or superintendent if the industrial use requires constant supervision.
(4) 
Lot, yard and building requirements:
(a) 
Lot frontage: minimum 100 feet.
(b) 
Lot area: minimum one acre.
(c) 
Front yard: minimum 30 feet.
(d) 
*Side yards: minimum 20 feet.
(e) 
*Rear yard: minimum 40 feet.
(f) 
Building height: maximum 35 feet.
(g) 
Number of stories: maximum of three.
(h) 
Percent of lot coverage: maximum 40%.
(i) 
Off-street parking and loading requirements. See § 17.27 of this chapter.
*
Required buffer strips in Industrial Districts. Where an M-1 Industrial District abuts a residential district, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary, a buffer strip not less than 40 feet in width as measured at right angles to said lot line. Plant materials at least six feet in height, of such variety and growth habits as to provide a year-round, effective visual screen when viewed from the residential district, shall be planted in the exterior 25 feet abutting the residential district. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. Fencing may be used in lieu of planting materials to provide said screening. The fencing shall be not less than five nor more than eight feet in height and shall be of such materials as to effectively screen the industrial area. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles.

§ 17.22 A-1 Agricultural District.

The A-1 Agricultural District is established to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development since it results in excessive costs to the City for provision of essential public improvements and services.
(1) 
Permitted uses:
(a) 
Customary agricultural uses, including farm dwellings, provided that buildings in which farm animals are kept shall be at least 500 feet from the nearest residential district.
(b) 
Uses customarily accessory to a permitted agricultural use.
(c) 
Churches, schools, parks and municipal buildings.
(2) 
Conditional uses. The following uses are authorized by a conditional use permit:
(a) 
Single-family residence on parcels not less than 22,000 square feet in area, provided it is determined that this smaller lot is to provide a site for housing accommodations for a member of the family of the property owner.
(b) 
Airports, including terminal facilities and necessary concessions.
(c) 
Camping area.
(d) 
Cemetery.
(e) 
Essential services.
(f) 
Fur farm.
(g) 
Golf course.
(h) 
Mineral extraction.
(i) 
Licensed landfills.
(j) 
Quarrying.
(k) 
Sewage disposal plant.
(l) 
Uses customarily incidental to any of the above uses.
(3) 
Lot, yard and building requirements:
(a) 
Lot frontage: minimum 500 feet.
(b) 
Lot area: minimum 10 acres.
(c) 
Principal building:
1. 
Front yard: minimum 50 feet.
2. 
Side yards: minimum 50 feet.
3. 
Rear yard: minimum 50 feet.
(d) 
Accessory building:
1. 
Front yard: minimum 50 feet.
2. 
Side yards: minimum 50 feet.
3. 
Rear yard: minimum 50 feet.
(e) 
Building height: maximum 50 feet.
(f) 
Residences:
1. 
Building height: maximum 35 feet.

§ 17.23 C-1 Conservancy District.

The C-1 Conservancy District is intended to preserve the natural state of scenic areas, to preserve natural areas and buffer strips, and to discourage intensive development of marginal lands to prevent potential hazards to public and private property.
(1) 
Permitted uses: open space uses such as management of forestry, wildlife and fish; harvesting of wild crops such as marsh hay, ferns, bogs, berries, fruit trees and tree seeds; hunting, fishing and trapping; bicycle or hiking trails; parks; and uses customarily incidental to any of the preceding uses.
(2) 
Conditional uses: public utilities such as dams, power stations, sewage disposal plants, water pumping or storage facilities; and golf courses and public camping grounds.
(3) 
Special provisions. There are no setback, lot size or other dimensional requirements applicable to the C-1 District. No use or modification of any existing use shall be permitted that will:
(a) 
Involve dumping or the storage of dangerous materials that are flammable, explosive or injurious to human, animal or plant life.
(b) 
Result in accelerated stream bank erosion.
(c) 
Obstruct the flow of floodwaters, retard the movement of floodwater as to increase flow velocities, increase the flood stage, or substantially reduce the flood storage capacity of the floodplain, excepting public water measurement and control facilities.

§ 17.24 Floodplain District.

See Chapter 19 of this Code.

§ 17.25 Shoreland-Wetland District.

See Chapter 18 of this Code.

§ 17.26 Conditional uses.

(1) 
Permit. The Council may authorize the Zoning Administrator to issue a conditional use permit after review and a recommendation by the Plan Commission, provided that such conditional use and structures are in accordance with the purpose and intent of this chapter and are found not to be hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the City. Additionally, the Council may authorize the Zoning Administrator to issue a conditional use permit in a residential area, provided it meets all previous Plan Commission requirements and is approved by 3/4 of the Council.
[Amended by Ord. No. 473]
(2) 
Application. Applications for conditional use permits shall be made in duplicate to the Zoning Administrator on forms furnished by him and shall include the following:
(a) 
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.
(b) 
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; the address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(c) 
A plat of survey prepared by a registered land surveyor showing the lot dimensions and proposed location of buildings and, in addition, the mean and historic high-water lines on or within 40 feet of the subject premises, and existing and proposed landscaping. The requirements of this subsection may be waived by the Plan Commission, provided that sufficient identification and description of the property, which is acceptable to the Plan Commission, is submitted.
(d) 
Additional information as may be required by the Plan Commission.
(e) 
No application fee shall be charged.
(3) 
Review and approval. The Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation. The Plan Commission shall hold a hearing and thereafter shall recommend approval, denial or conditional approval to the Council. The Council shall accept, reject or modify the Plan Commission's recommendations.
(a) 
Conditions required by the Council. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Council upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
(b) 
Compliance with other chapter provisions. Compliance with all other provisions of this chapter such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses. Variances shall only be granted as provided in § 17.34(2)(b) of this chapter.
(4) 
Public and semipublic uses. The following public and semipublic uses shall be conditional uses and may be permitted as specified:
(a) 
Airstrips and landing fields in the A-1 Agricultural District, provided the site area is not less than 20 acres.
(b) 
Governmental and cultural uses such as fire and police stations, the City Hall, community centers, libraries, public emergency shelters, parks, playgrounds and museums in all residential and business districts.
(c) 
Utilities in all districts, provided all principal structures and uses are not less than 50 feet from any residential district lot line.
(d) 
Public, parochial and private elementary and secondary schools and churches in residential districts, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line.
(e) 
Hospitals, sanitariums and religious and charitable institutions in the residential, business and agricultural districts.
(f) 
Cemeteries and crematories in the A-1 Agricultural District, provided that all principal structures and uses are not less than 50 feet from any lot line.
(5) 
Residential uses. The following residential uses shall be conditional uses and may be permitted in the R-1, R-2 and R-3 Residential Districts and business districts as specified:
[Amended by Ord. No. 473]
(a) 
Clubs, fraternities, lodges and meeting places of a noncommercial nature in the R-2 and R-3 Residential Districts, provided that all principal structures and uses are not less than 25 feet from any lot line.
(b) 
Rest homes, nursing homes, homes for the aged, clinics and children's nurseries in the R-2 and R-3 Residential Districts and the business districts, provided all principal structures and uses are not less than 50 feet from any lot line.
(c) 
Low-impact professional businesses, including, but not limited to, professional home offices, including chiropractic practitioners, doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professionals as brought before the Council. In no case shall there be greater than two professional occupations per site.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(6) 
Industrial and agricultural uses. The following industrial and agricultural uses shall be conditional uses and may be permitted as specified:
(a) 
Animal hospitals in the Agricultural and Industrial Districts, provided the lot area is not less than three acres and all principal structures and uses are not less than 100 feet from a residential district.
(b) 
Disposal areas, incinerators and sewage disposal plants in the Agricultural and Industrial Districts. Municipal earth and sanitary landfill operations may be permitted in the Agricultural District.
(c) 
Commercial raising, propagation, boarding or butchering of animals such as dogs, mink, foxes, goats and pigs; the commercial production of eggs; and the hatching, raising, fattening or butchering of fowl in the Agricultural District.
(d) 
Manufacturing. See § 17.21 of this chapter.
(e) 
Outside storage and manufacturing areas in the Industrial District. Wrecking, junk, demolition and scrap yards shall be surrounded by a solid fence or evergreen planting screen, completely preventing a view from any other property or public right-of-way, and shall be at least 600 feet from residential districts and be subject to Council approval.
(f) 
Commercial service facilities such as restaurants and fuel stations in the Industrial District, provided all such services are physically and sales oriented toward Industrial District users, and employees and other users are only incidental customers.
(7) 
Mineral extraction. Mineral extraction operations, including washing, crushing or other processing, are conditional uses and may be permitted in the A-1 and M-1 Districts as follows:
(a) 
The application for the conditional use permit shall include an adequate description of the operation; a list of equipment, machinery and structures to be used; the source, quantity and disposition of water to be used; a topographic map of the site showing existing contours with a minimum vertical contour interval of five feet, trees, proposed and existing access roads, the depth of all existing and proposed excavations; and a restoration plan.
(b) 
The restoration plan provided by the applicant shall contain proposed contours after filling, depth of the restored topsoil, type of fill, planting or reforestation, restoration commencement and completion dates. The applicant shall furnish the necessary fees to provide for the inspection and administrative costs and the necessary sureties which will enable the City to perform the planned restoration of the site in the event of default by the applicant. The amount of such sureties shall be based upon cost estimates prepared by the engineer, and the form and type of such sureties shall be approved by the City Attorney.
(c) 
The Plan Commission and the Council shall particularly consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character and land value of the locality and shall also consider the practicality of the proposed restoration plan for the site.
(8) 
Recreational uses.
(a) 
Public. The following public recreational facilities shall be conditional uses and may be permitted as specified: archery ranges, camps, conservatories, driving ranges, golf courses, gymnasiums, skating rinks, sports fields, stadiums and swimming pools in residential districts or the A-1 District, provided that the lot area is not less than three acres and all structures are not less than 50 feet from any lot line, with the approval of the Council.
(b) 
Commercial. Commercial recreation facilities such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf, physical culture, pool and billiard halls, rifle ranges, skating rinks and theaters are conditional uses and may be permitted in the business districts.
(c) 
Boat launching ramp, boat liveries and marinas. Marinas and boat liveries may be permitted in any district, provided that they are designed and constructed as to not interfere with adjacent riparian owners' uses of the water for swimming, fishing or boating, nor interfere with or obstruct the public's free navigation.
(d) 
Camping areas. Camping areas may be permitted in the Agricultural and Conservancy Districts, provided that:
1. 
The minimum size of a camping area shall be five acres.
2. 
The maximum number of camping sites shall be 10 per acre.
3. 
Minimum dimensions of a camping site shall be 30 feet wide by 50 feet long.
4. 
Each camping site shall be separated from other camping sites by a yard not less than 15 feet wide.
5. 
There shall be 1 1/2 automobile parking spaces for each camping site.
6. 
There shall be a minimum setback for each camping site of 40 feet from all other exterior lot lines.
7. 
The Plan Commission shall specify that adequate waste disposal facilities be provided.[2]
[2]
Editor's Note: Original § 17.26(8)(d)8, pertaining to conformity with the Wisconsin Administrative Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(9) 
Termination of conditional uses. When a conditional use previously granted no longer conforms with the conditions of the original grant, the conditional use permit shall be terminated by action of the Council and may be deemed a violation of this chapter.

§ 17.27 Traffic, loading, parking and access.

(1) 
Loading requirements. In all districts, except the B-1 District, adequate loading areas shall be provided so that all vehicles loading, maneuvering or unloading are completely off the public ways and so that all vehicles need not back onto any public way.
(a) 
Size and location. The size and location of each loading space shall be not less than 12 feet in width, 35 feet in length and have a minimum vertical clearance of 14 feet and may occupy all or any part of any required yard.
(b) 
Required number of off-street loading spaces.
Uses
Square Feet of Gross Floor Area
Required Off-Street Loading Spaces
School
0
1
Hospital
Under 10,000
None
From 10,000 to 30,000
1
Each additional 30,000 or major fraction thereof
1 additional
Funeral home
0
1
Office, hotel, retail service, wholesale, warehouse, manufacturing, processing or repairing uses
Under 10,000
None
From 10,000 to 25,000
1
From 25,001 to 40,000
2
From 40,001 to 60,000
3
From 60,001 to 100,000
4
Each additional 50,000 or major fraction thereof
1 additional
(2) 
Parking requirements. In all districts, except the B-1 Central Business District, and in connection with every use, there shall be provided, at the time any use or building is erected, enlarged, extended or increased, off-street parking stalls for all vehicles in accordance with the following:
(a) 
Access. Adequate access to a public street shall be provided for each parking space, and a single driveway shall be at least 10 feet wide and not exceed 14 feet in width for one- and two-family dwellings and up to 24 feet for a double driveway and all other uses.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(b) 
Size. The size of each parking space shall be not less than nine feet by 20 feet, exclusive of the space required for ingress and egress.
(c) 
Location. The location shall be on the same lot as the principal use, or not over 400 feet from the principal use. No parking stall or driveway, except in residential districts, shall be closer than 25 feet to a residential district lot line or a street line opposite a residential district, and no residential driveway shall be closer than eight feet to any lot line except on culs-de-sac.
(d) 
Surfacing. All off-street parking areas shall be graded and surfaced so as to be dust-free and properly drained. Any parking area for five or more vehicles shall be paved with a bituminous surface or equivalent and have spaces and aisles clearly marked.
(e) 
Curbs or barriers. Curbs or barriers shall be installed so as to prevent the parked vehicles from extending over any lot lines.
(f) 
Parking stalls required.[2]
Use
Number of Stalls
Single-family dwellings and mobile homes
2 per dwelling unit
Two-family and multifamily dwellings
2 per dwelling unit
Hotels and motels
1 per guest room, plus 1 per 3 employees
Hospitals, clubs, lodges, lodging houses and boardinghouses
1 per 2 beds, plus 1 per 3 employees
Sanitariums, institutions, rest homes and nursing homes
1 per 5 beds, plus 1 per 3 employees
Medical and dental clinics
3 per doctor
Churches, theaters, auditoriums, community centers, vocational and night schools and other places of public assembly
1 per 5 seats
Secondary and elementary schools
1 per 2 employees, plus 1 per student auto permitted
Restaurants, bars, places of entertainment, repair shops, and retail and service stores
1 per 100 square feet of floor area
Manufacturing and processing plants, laboratories and warehouses
1 per 3 employees
Financial institutions and business, governmental and professional home offices
1 per 200 square feet of floor area, plus 1 per 2 employees
Funeral homes
1 per 4 seats, plus 1 per vehicle used in the business
Bowling alleys
5 per alley
1. 
For structures or uses not mentioned, the provision for a use which is similar shall apply.
2. 
Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(3) 
Driveways. All driveways installed, altered, changed, replaced or extended after the effective date of this chapter shall meet the following requirements:
(a) 
Islands. Islands between driveway openings in business and industrial areas shall be provided, with a minimum of 12 feet between all driveways and six feet at all lot lines.
(b) 
Ingress and egress openings. Openings for vehicular ingress and egress shall not exceed 24 feet at the street line and 30 feet at the roadway.
(c) 
Entrances and exits. Vehicular entrances and exits to drive-in theaters; banks; restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall be not less than 200 feet from the pedestrian entrance or exit to a school, church, hospital, park, playground, library, public emergency shelter or other place of public assembly.
(4) 
Highway access.
(a) 
Private access restricted. No direct private access shall be permitted to the existing or proposed rights-of-way of expressways nor to any controlled-access arterial street without permission of the highway agency that has access-control jurisdiction.
(b) 
Public or private access prohibited. No direct public or private access shall be permitted to the existing or proposed rights-of-way of the following:
1. 
Freeways, interstate highways and their interchanges or turning lanes, nor to intersections of interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes.
2. 
Arterial streets intersecting another arterial street within 100 feet of the intersection of the right-of-way lines.
3. 
Streets intersecting an arterial street within 50 feet of the intersection of the right-of-way lines.
(c) 
Public access barriers. Access barriers such as curbing, fencing, ditching, landscaping or other topographic barriers shall be erected to prevent unauthorized vehicular ingress or egress to the above-specified streets or highways.
(d) 
Temporary access. Temporary access to the above rights-of-way may be granted by the Council after review and recommendation by the highway agencies having jurisdiction. Such access permits shall be temporary and revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.

§ 17.28 Nonconforming uses, structures and lots.

(1) 
Existing nonconforming uses.
(a) 
Continuation. The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter; provided, however:
1. 
Only that portion of the land or water in actual use may be so continued, and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this chapter.
2. 
The total lifetime structural repairs or alterations shall not exceed 50% of the assessed value of the structure at the time of its becoming a nonconforming use, unless it is permanently changed to conform to the use provisions of this chapter.
3. 
Substitution of new equipment may be permitted by the Zoning Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
(b) 
Abolishment or replacement of existing nonconforming use.
1. 
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50% of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter. From the date of adoption of this chapter, a current file of all nonconforming uses shall be maintained by the City Clerk, listing the following: owner's name and address; use of the structure, land or water; assessed value at the time of its becoming a nonconforming use.
2. 
Pursuant to § 62.23(7)(hc), Wis. Stats., a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored to the size, location, and use that it had immediately before the damage or destruction occurred, and no limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the restored structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(2) 
Existing nonconforming structures. Any lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued, although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter. However, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
(3) 
Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board.
(4) 
Substandard lots. In any residential district, structures may be erected on any legal lot of record prior to the effective date of this Code, provided that the area, the width and the depth of such existing lot shall be no less than 80% of the required minimum set forth in the respective residential districts.

§ 17.29 Mobile home parks.

(1) 
Site plan. At the time of application for a rezoning to the R-3 District and application for a mobile home park license under § 12.08 of this Code, the applicant shall submit a site plan to the Zoning Administrator containing the following:
(a) 
The names and addresses of all owners and developers of the proposed mobile home park.
(b) 
The legal description and lot size, in acres, of the proposed mobile home park.
(c) 
The location and size of all mobile home spaces, storage areas, recreation areas and facilities, landscaping, existing tree growth, water areas, roadways, sidewalks and parking sites.
(d) 
Detailed landscaping plans and specifications.
(e) 
Plans for sanitary sewage disposal, surface drainage, water system, electrical service, gas service, streetlighting and topography diagrams.
(f) 
Location and size of all public roadways abutting the mobile home park and all street and sidewalk accesses from such street and sidewalk to the mobile home park.
(g) 
Preliminary road construction plans, specifications and elevations.
(h) 
Preliminary floor plans and elevation for all structures.
(i) 
Description and method of disposing of garbage and refuse.
(j) 
Detailed description of proposed maintenance procedure and grounds supervision.
(k) 
Staging and timing of construction program, whether or not the entire area will be developed at one time or in stages.
(l) 
Such other reasonable information as shall be required by the Zoning Administrator.
(2) 
Mobile home space requirements. Each mobile home space shall have:
(a) 
At least 5,000 square feet of land area for the exclusive use of the residents of the mobile home located on the space, with a minimum width of 50 feet and a minimum depth of 100 feet.
(b) 
Frontage on an approved roadway, and the corner of each space shall be marked, and each lot shall be numbered.
(3) 
Yard requirements. All mobile homes shall comply with the following yard requirements:
(a) 
No mobile home shall be parked closer than 10 feet to the side lot lines, 20 feet to the front lot line, nor 15 feet to the rear lot line.
(b) 
There shall be an open space of at least 20 feet between the sides of adjacent mobile homes.
(4) 
Parking. The following are minimum parking requirements for mobile home parks:
(a) 
Each mobile home space shall have off-street parking space for two automobiles.
(b) 
Each mobile home park shall maintain a hard-surfaced off-street parking lot for guests of occupants of a size equivalent to one space for each five mobile home spaces.
(c) 
Access drives off roads to all parking spaces and mobile home spaces shall be hard-surfaced in bituminous concrete or portland cement concrete designed to accommodate normal traffic.
(d) 
Automobiles shall not be parked nearer than five feet to any side lot line unless combined with a contiguous parking area.
(5) 
Utilities. The following minimum requirements for utilities shall be maintained:
(a) 
There shall be no obstructions impeding the inspection of plumbing, electrical facilities, utilities or other related equipment.
(b) 
Garbage, waste and trash disposal plans must be approved by the Zoning Administrator and must conform to all state and local health and pollution control regulations.
(c) 
The owner of a mobile home park shall pay all required sewer connection fees to the City Clerk.
(6) 
Internal streets. All internal streets shall meet the following minimum requirements:
(a) 
Streets shall be hard-surfaced with bituminous concrete or portland cement concrete to accommodate the structural requirements in the City streets as approved by the Council.
(b) 
All streets shall be developed with a roadbed of not less than 30 feet and a street surface of not less than 18 feet. Ancillary parking on one side may be allowed except at parking area entrances if the street width is at least 28 feet wide.
(7) 
Sidewalks. A thirty-inch portland cement concrete sidewalk shall be built and maintained by the owner providing access to all recreational areas, common use buildings and storage areas, and to the public street access.
(8) 
Lighting. Artificial lights shall be maintained during all hours of darkness in all buildings provided for common facilities for occupants' use. The mobile home park grounds, street and pedestrian areas shall be lighted from sunset to sunrise in accordance with a lighting plan approved by the Council.
(9) 
Recreation areas. All mobile home parks shall have one or more recreational areas which shall be easily accessible to all park residents. Recreational areas shall be so located as to be free of traffic hazards and shall, where the topography permits, be centrally located. The size of such recreational area shall be a minimum of 10% of the land area of the mobile home park. All equipment installed in such area shall be owned and maintained by the owner or operator of the mobile home park at his expense.
(10) 
Landscaping. The following minimum landscaping requirements shall be maintained in all mobile home parks:
(a) 
Each space shall be properly landscaped with at least one tree. All yards shall be sodded or planted in grass. There shall be a minimum of 20 trees per gross acre in all areas of a mobile home park. Tree, grass and landscape materials shall be properly maintained and replaced to conform to the approved landscape plans and specifications.
(b) 
A visual screen consisting of a compact hedge, redwood fence, coniferous trees or other approved landscape materials or a screen fencing approved by the Zoning Administrator shall be installed and maintained around the periphery of the mobile home park to substantially inhibit the eye-level vision from the exterior when adjacent to any resident district and shall be maintained free of rubbish, debris, weeds and paper.
(c) 
All areas shall be landscaped, and the landscape plan shall be approved by the Zoning Administrator.
(11) 
Mobile home stands required. All mobile homes shall be placed and leveled on stands consisting of a sixteen-inch by sixteen-inch by four-inch-deep square solid base, minimum, with a double tier of alternately crossed eight-inch block ascending; no I-beam or any portion of the mobile home frame shall rest directly on the concrete block. Wood shimming shall be used. No second or medium grade of concrete block may be used, and all block must be installed with the hollow core in a vertical position. These stands shall be placed with a minimum spacing of eight feet.
(12) 
Tie downs and anchors required on all mobile homes. Straps and anchoring equipment shall be capable of resisting an allowable working load of not less than 3,150 pounds and capable of withstanding a 50% overload (4,750 pounds) without failure. (Example: Type 1 Finish B, Grade 1 steel strapping, 1 1/4 inches wide and 0.035 inch thick conforming with federal specifications. Q-QS781-H is recommended to meet the above load requirements.) Tie downs and anchors shall be installed as follows:
Number of Frame Ties Required
Mobile Home Size
Number of Over-the-Roof Ties Required
2-Foot Pier
3-Foot Pier
4-Foot Pier
44 x 12
2
4
5
5
52 x 12
2
5
5
6
54 x 12
2
5
6
7
60 x 12
2
5
6
7
65 x 12
2
6
7
8
70 x 12
2
6
7
9
74 x 12
2
6
8
9
54 x 14
2
4
5
6
60 x 14
2
5
5
6
65 x 14
2
5
6
7
70 x 14
2
6
7
8
76 x 14
2
6
7
8
80 x 14
2
7
7
8
(13) 
Skirting. All mobile home units shall have skirts around the entire mobile home made of plastic, fiberglass or other comparable noncombustible material approved by the Zoning Administrator and shall be of a permanent color or painted to match the appropriate mobile home so as to enhance the general appearance thereof.
(14) 
Storage buildings. Any storage building in a mobile home park shall be anchored.
(15) 
Register of occupants. The owner of a mobile home park shall keep a registration list available to the City or its agents for inspection at reasonable times.
(16) 
Inspection. All mobile homes shall comply with state and City fire, health and building regulations. Before a mobile home unit may be occupied, the owner must secure the inspection and approval of the Zoning Administrator regarding compliance with such regulations.

§ 17.30 Modifications.

(1) 
Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accordance with the following:
(a) 
Architectural projections. Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.
(b) 
Special structure height limitations. Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lofts, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smoke stacks, are exempt from the height limitations of this chapter.
(c) 
Essential services height limitations. Essential services, utilities, water towers, electric power and communications transmission lines are exempt from the height limitations of this chapter.
(d) 
Communications structures height restrictions. Communications structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line.
(e) 
Agricultural structures height restrictions. Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.
(f) 
Public facilities height restrictions. Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
(2) 
Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
(a) 
Setback. Unless otherwise provided, there shall be a setback line of not less than 25 feet, provided that on any corner lot less than 80 feet wide and of record at the time of the adoption of this chapter, where reversed frontage exists, the setback on the side street shall be the setback required on the lot in the rear less one foot for each foot by which the width of the said corner lot is less than 80 feet, but in no case less than 50% of the setback required on the lot in the rear, provided further that in no case shall the buildable width of such corner lot be reduced to less than 30 feet. No accessory building shall project beyond the setback line of the lot in the rear.
(b) 
Uncovered stair restrictions. Uncovered stairs, landings and fire escapes may project into any yard, but not to exceed six feet and not closer than three feet to any lot line, and must be eight feet or more above ground.
(c) 
Architectural projection restrictions. Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard, but such projection shall not exceed two feet.
(d) 
Cul-de-sac and curve restrictions. Residential lot frontage on culs-de-sac and curves may be less than 80 feet, provided the width at the building setback line is at least 80 feet and the street frontage is no less than 45 feet.
(e) 
Residential fence restrictions. Residential fences are permitted on the property lines in residential districts, but shall not, in any case, exceed a height of six feet and shall not exceed a height of four feet in any street yard. The finished side of the fence shall face the adjoining lot.
(f) 
Security fence restrictions. Security fences are permitted on the property lines in all districts, but shall not exceed 10 feet in height and shall be an open type similar to woven wire or wrought-iron fencing.
(g) 
Accessory uses and structures restrictions. Accessory uses and detached accessory structures are permitted in the rear yard only, shall not be closer than 10 feet to the principal structure, shall not exceed 25 feet in height, shall not occupy more than 10% of the lot area, and shall not be closer than three feet to any lot line nor seven feet to any abutting alley (15 feet if door abuts alley).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(h) 
Essential services exemptions. Essential services, utilities, electric power and communications transmission lines are exempt from the yard and distance requirements of this chapter.
(i) 
Street yard restrictions. The required street yards may be decreased in any residential or business district to the average of the existing street yards of the abutting structures on each side, but in no case less than 15 feet in any residential district and five feet in any business district.
(3) 
(Reserved)[2]
[2]
Editor's Note: Original § 17.30(3), Noises exempted, was repealed at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(4) 
Setback averaging. Where the setback of existing structures deviates from the required district setback, new structures shall be set back the average distance.

§ 17.31 Signs.

(1) 
Permitted location of signs. Types of signs permitted in various zoning districts are as follows:
Zoning District
Types of Signs Permitted
C
1, 3, 5, 6
R-1, R-2, R-3
2, 3, 5, 6
A
1, 2, 3, 4, 5, 6
B
1, 2, 3, 4, 5, 6
M
1, 2, 3, 4, 5, 6
(2) 
Types of signs.
(a) 
Type 1: signs advertising a business or activity conducted, an area of interest, or a service available at a specific location. Such signs shall be not more than 12 square feet in gross area. There shall be not more than two such signs relating to any one such use in the approaching direction along any one highway. Such signs may be placed at the right-of-way line of the highway. A larger number of signs may be permitted by the Zoning Board of Appeals if the Board shall find it necessary for directing the traveling public. A permit is required.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(b) 
Type 2: signs advertising a customary home occupation or professional home office. Such signs shall not exceed two square feet in gross area, shall be attached to the building and, if illuminated, shall be indirectly lighted. No permit is required.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(c) 
Type 3: signs advertising the sale, rent or lease of the property on which the sign is placed. Such sign shall not exceed eight square feet in gross area and may be placed at the right-of-way line of the highway. No permit is required.
(d) 
Type 4: signs attached to commercial and industrial buildings advertising a business, general brand or product conducted or a service available on the premises. No sign shall exceed 40 square feet in gross area, be higher than four feet above the top of the roofline or exceed the maximum height limitation permitted in the district. A permit is required.
(e) 
Type 5: on-premises signs advertising a public or semipublic use. Such signs shall not exceed 12 square feet in gross area. There shall be no more than one sign for each highway upon which the property faces. Such signs may be placed at the right-of-way line of the highway. A permit is required.
(f) 
Type 6: recreational directory signs indicating the direction to a cottage, resort, residence or similar use. Such signs shall not be more than four square feet in gross area. Where a common posting standard is provided, all such signs shall be attached to the standard. Recreational directory signs may be placed at the right-of-way line of the highway. A permit is required.
(3) 
Prohibited characteristics of signs.
(a) 
No sign shall be so placed as to interfere with the visibility or effectiveness of any official traffic sign or signal or with driver vision at any access point or intersection.
(b) 
No sign under Type 2 and Type 3 shall contain, include or be illuminated by flashing lights.
(c) 
No sign shall contain, include or be composed of any conspicuous animated part.
(4) 
Existing signs. Signs lawfully existing at the time of the adoption or amendment of this chapter may be continued although the use, size or location does not conform with the provisions of this chapter. However, it shall be deemed a nonconforming use or structure, and the provisions of § 17.28 of this chapter shall apply.
(5) 
Maintenance of signs. All signs must be maintained and in good repair, as determined by the Zoning Administrator.

§ 17.311 Wireless communications towers and facilities.

[Added by Ord. No. 492]
(1) 
Purpose and application.
(a) 
Purpose. The purpose of this section is to establish regulations for wireless communications facilities that minimize adverse impacts to the community; encourage the location of antenna support structures in nonresidential zoning districts; minimize the total number of antenna support structures within the community; encourage joint use of new and existing antenna support structures; encourage the attachment of antennas to existing structures; identify appropriate locations for wireless communications facilities; ensure that antennas and antenna support structures are configured in a way that minimizes adverse visual impacts by careful design, appropriate siting, landscape screening and innovative camouflaging techniques; avoid damage to adjacent properties from antenna support structure failure through careful engineering and locating of such structures; and facilitate the provision for wireless communications facilities to the community quickly, effectively and efficiently.
(b) 
Application. This section shall apply to all wireless communications facilities, except that it shall not apply to radio or television reception antennas, satellite or microwave parabolic antennas not used by wireless communications service providers, receive-only antennas, antennas less than 70 feet in height and owned by a federally licensed amateur radio station operator, any tower or antenna lawfully in existence in the City on the date that this section becomes effective or to the facilities of any cable television company holding a valid and current franchise or commercial radio and/or television broadcasting facilities.
(2) 
Building Code. The construction and installation of antenna support structures, antennas, antenna arrays, the installation or placement of antenna arrays on buildings and the placement of antennas on alternative support structures shall be subject to the requirements of Chapter 14 of this Code, the requirements of the Electronics Industries Association/Telecommunications Industries Association and any additional standards applicable thereto published by the Electronics Industries Association.
(3) 
Site plan review by Plan Commission. All antenna support structures, antennas, antenna arrays and wireless communications facilities shall be subject to site plan review. The following requirements are in addition to other requirements of this chapter:
(a) 
Lighting. No antenna support structure shall be artificially lighted except as required by the Federal Aviation Administration or other governmental agency.
(b) 
Signage. There shall be no signs, symbols, flags, banners or other devices or things attached to or painted on or inscribed upon any antenna support structures or antennas.
(c) 
Finish. All lattice towers and monopole towers shall be finished in a nonreflective neutral color or otherwise as directed by the Plan Commission.
(d) 
Support facility requirements.
1. 
All support facilities, including buildings used for switching and other support functions, shall be placed in close proximity to the support structure on which antennas are proposed.
2. 
Support facilities, including all equipment enclosures, shelters, cabinets, boxes or vaults, designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communications signals and data, including any provisions for air conditioning, ventilation or auxiliary electrical generators, shall be completely screened with trees, shrubs, fences or other decorative materials planted at a minimum width of five feet so as to be obscured from view from adjacent properties and from the street. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.
3. 
Support facilities shall be kept locked at all times and shall be clearly labeled as to the owner, operator or person to be contacted in the event of an emergency.
Table 1
Antenna Attached to Existing Tower or Structure*
Zoning District
Industrial
M-1
Business
B-1, B-2
Residential
R-1, R-2, R-3, R-4
Other
A-1
Conservancy
C-1
Attached
Permitted
Permitted
Prohibited
Conditional
Conditional
Height maximum
Underlying zone
Not greater than 20 feet above existing structure
Not greater than 20 feet above existing structure
Setback minimum
Structure setback limits of district
Structure setback limits of district
NOTE:
*
Antenna arrays may be mounted on the top and attached to roofs of existing buildings or structures that are at least 30 feet or more in height above the street grade upon which such building fronts or may be attached to the facades of buildings, existing towers or other structures; provided, however, that such antenna structure and arrays shall add not more than 20 feet to the total height or elevation of such building or structure from the street grade, including the antenna array, and antenna arrays so mounted shall be obscured from view from the street upon which such building or structure fronts by the use of screening material designed, painted and maintained in a manner that will blend with the appearance of the building or structure.
Table 2
Freestanding New Antenna
Zoning District
Industrial
M-1
Business
B-1, B-2
Residential
R-1, R-2, R-3, R-4
Other
A-1
Conservancy
C-1
New antenna
>500 feet from residential zone
Permitted
Permitted
Prohibited
Conditional
Conditional
>300 feet but <500 feet from residential zone
Conditional
Conditional
Prohibited
Conditional
Conditional
Height maximum
70
70
70
70
Setback minimum
Height of tower
Height of tower
(4) 
Co-location. All wireless communications service providers shall cooperate with other wireless communications service providers in co-locating additional antenna on antenna support structures and/or on existing buildings or other alternative antenna support structures. A wireless communications service provider shall exercise good faith in co-locating with other providers and sharing antenna sites, provided that such shared use does not give rise to a substantial technical level impairment of the ability to provide wireless communications service. Such good faith shall include sharing of technical information to evaluate the feasibility of co-location. All antenna support structures shall be available for use by the owner or initial user thereof, together with as many other wireless communications service providers as may be technically accommodated. In the event that a dispute arises as to whether a provider has exercised good faith in accommodating other providers, the City may require a third-party technical study at the expense of either or both of such providers.
(5) 
Locations of antennas for wireless communications service.
(a) 
Antenna attached to existing tower or structure. See Table 1 above.
(b) 
New freestanding antennas.
1. 
Demonstrate need for new structure. No new antenna support structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Plan Commission that no existing antenna support structure, alternative support structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's wireless communications needs. An applicant shall provide the information requested by the City Clerk for submittal to the Plan Commission relating to the availability of suitable existing antenna support structures, alternative antenna support structures or alternative technology. Evidence submitted to demonstrate such facts may consist of the following:
a. 
That no existing antenna support structures or alternative antenna support structures are located within the geographic area which meet the applicant's engineering requirements; and/or
b. 
That existing antenna support structures and alternative antenna support structures are not of sufficient height to meet the applicant's engineering requirements; and/or
c. 
That existing antenna support structures and alternative antenna support structures do not have sufficient structural strength to support the applicant's proposed antennas and related equipment; and/or
d. 
That the applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing antenna support structure or alternative antenna support structure, or the antennas on the existing antenna support structure or alternative antenna support structure would cause interference with the applicant's proposed antennas; and/or
e. 
That the fees, costs or contractual provisions required by the owner in order to share an existing antenna support structure or alternative antenna support structure or to adapt an existing antenna support structure or alternative antenna support structure for co-location sharing is unreasonable. Costs exceeding new antenna support structure development are presumed to be unreasonable.
f. 
That an alternative technology that does not require the use of towers or buildings for height, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new antenna support structure development shall not be presumed to render the technology unsuitable.
2. 
Freestanding new antenna location. See Table 2 above.
(6) 
Publicly owned property. In addition to all other locations permitted or permitted as a conditional use, antenna and appurtenant structures may be permitted on all publicly owned property subject to approval by the Council. Wireless communications facilities on publicly owned property shall be subject to Subsections (3) and (4) above.
(7) 
Antenna support structures; removal when no longer used. Any antenna support structure that has had no antenna mounted upon it for a period of 180 successive days, or if the antennas mounted thereon are not operated for a period of 180 successive days, shall be considered abandoned, and the owner thereof shall remove such structure and any accompanying equipment enclosure within 90 days after the receipt of a notice from the City to do so. During such 90 days, the owner may apply and, for good cause, be granted an extension of time on such terms as the Plan Commission shall determine. If such structure and equipment enclosure are not so removed, the City may seek and obtain a court order directing such removal and imposing a lien upon the real property upon which such structures are located in an amount equal to the cost of removal. Any notice given under this section is subject to appeal to the Council. In the event that more than one wireless communications service provider is using the support structure, this provision shall not become effective until all users cease using such structure.

§ 17.32 Performance standards.

This chapter permits specific uses in specific districts, and these performance standards are designed to limit, restrict and prohibit the effects of those uses outside their premises or district. No structure, land or water shall hereafter be used except in compliance with the district regulations and with the following performance standards:
(1) 
Air pollution. No activity shall emit fly ash, dust, fumes, vapors, mists, gases, liquids or solid particles in concentrations exceeding the administrative standards established by the Department of Natural Resources.
(2) 
Fire and explosive hazards. All activities involving the manufacturing, utilization, processing or storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire-extinguishing system.
(3) 
Glare and heat. No unsanctioned activity shall emit glare or heat that is visible or measurable outside its premises, except activities in the Industrial District which may emit direct or sky-reflected glare which shall not be visible outside their district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.
(4) 
Liquid or solid wastes. No activity shall discharge at any point onto any land or into any water or public sewer any materials of such nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply; can cause the emission of dangerous or offensive elements; can overload the existing municipal utilities; or can injure or damage persons or property.
(5) 
Noise and vibration. There shall be no noise or vibration emanating from any unsanctioned activities beyond the boundaries of the immediate site in excess of Federal OSHA standards. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound-level standards of this chapter.
(6) 
Odors. No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside its premises.
(7) 
Radioactivity and electrical disturbances. No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.

§ 17.33 Plan Commission.

See § 1.16 of this Code.

§ 17.34 Zoning Board of Appeals.

(1) 
Membership. See § 1.17 of this Code.
(2) 
Powers and duties. The Board shall have the following powers and duties:
(a) 
Errors: to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator.
(b) 
Variances: to hear and grant appeals for variances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship so that the spirit and purposes of this chapter shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.
(c) 
Interpretations: to hear and decide on applications for interpretations of the zoning regulations and the boundaries of the zoning districts after the Zoning Administrator has made a review and recommendation.
(d) 
Substitutions: to hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made and the Zoning Administrator has made a review and recommendation. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.
(e) 
Unclassified uses: to hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district and the Zoning Administrator has made a review and recommendation.
(f) 
Temporary uses: to hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses, and the Zoning Administrator has made a review and recommendation. The permit shall be temporary, revocable, subject to any conditions required by the Board and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.
(g) 
Permits. The Board may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issue of a permit.
(h) 
Assistance. The Board may request assistance from other City officers, departments, commissions and boards.
(i) 
Oaths. The Chairperson may administer oaths and compel the attendance of witnesses.
(3) 
Appeals and applications. Appeals from the decision of the Zoning Administrator concerning the literal enforcement of this chapter may be made by any person aggrieved or by an officer, department, board or bureau of the City. Such appeals shall be filed with the Secretary within 30 days after written notice of the decision or order of the Zoning Administrator. Applications may be made by the owner or lessee of the structure, land or water to be affected at any time and shall be filed with the Secretary. Such appeals and application shall include the following:
(a) 
Name and address of the appellant or applicant and all abutting and opposite property owners of record.
(b) 
Plat or survey prepared by a registered land surveyor showing all of the information required under § 17.10 of this chapter for a zoning permit.
(c) 
Additional information required by the Zoning Board of Appeals or the Zoning Administrator.
(d) 
No fee is required.
(4) 
Hearings. The Zoning Board of Appeals shall fix a reasonable time and place for the hearing, give public notice thereof at least 10 days prior, and shall give due notice to the parties in interest. At the hearing, the appellant or applicant may appear in person, by agent or by attorney.
(5) 
Findings. No variance to the provisions of this chapter shall be granted by the Board unless it finds, beyond a reasonable doubt, that all of the following facts and conditions exist and so indicates in the minutes of its proceedings:
(a) 
Exceptional circumstances. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district, and the granting of the variance would not be of so general or recurrent a nature as to suggest that this chapter should be changed.
(b) 
Preservation of property rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and vicinity.
(c) 
Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
(6) 
Decision. The Zoning Board of Appeals shall decide all appeals and applications within 30 days after the final hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant.
(a) 
Conditions may be placed upon any zoning permit ordered or authorized by the Board.
(b) 
Variances, substitutions or use permits granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant.
(7) 
Review by court of record. Any person or persons aggrieved by any decision of the Board may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after filing of the decision in the office of the City Clerk.

§ 17.35 Changes and amendments.

(1) 
Authority. Whenever the public necessity, convenience, general welfare or good zoning practice require, the Council may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto.
(2) 
Initiation. A change or amendment may be initiated by the Plan Commission or by petition of one or more of the owners or lessees of the property within the area proposed to be changed.
(3) 
Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the City Clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:
(a) 
Plot plan, drawn to a scale of at least one inch equals 100 feet, showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.
(b) 
Owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.
(c) 
Additional information required by the Plan Commission or the Council.
(d) 
Fee receipt from the City Clerk in the amount of $10.
(4) 
Referral to Plan Commission. All proposed amendments to this chapter shall be referred to the Plan Commission. The Plan Commission shall submit its recommendation to the Council within 30 days.
(5) 
Hearings. The Plan Commission shall hold a public hearing upon each recommendation, giving a Class 2 notice under Ch. 985, Wis. Stats. Written notice of the time, place and purpose of such hearing shall also be given to the owners of every parcel of land within 100 feet of the area to be rezoned, as well as to the owners of all land which will be in the district to be rezoned.
(6) 
Council action. Following such hearing and upon consideration of the recommendation of the Plan Commission, the Council shall vote to adopt or reject the proposed change or amendment.
(7) 
Protest. In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed change or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of 3/4 of the full Council membership.

§ 17.36 Unlawful acts; action or proceeding to enjoin violations.

It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this chapter or to violate conditions placed on conditional uses. In case of any violation, the Council, the Zoning Administrator, or any property owner who would be specifically damaged by such violation may institute an appropriate action or proceeding to enjoin a violation of this chapter.

§ 17.37 Violations and penalties. [1]

Any person who fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 25.04 of this Code. Each day a violation exists or continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).