A.
Jurisdiction. The jurisdiction of this chapter shall apply to all
structures, lands, water and air within the corporate limits of the
City of Prescott. The provisions of this chapter shall be held to
be the minimum requirements for carrying out the intent and purpose
of this chapter.
B.
Compliance. No new structure, new use of land, water or air or change
in the use of land, water or air shall hereafter be permitted and
no structure or part thereof shall hereafter be located, erected,
moved, reconstructed, extended, enlarged, converted or structurally
altered without a land use permit and without full compliance with
the provisions of this chapter and all other applicable local, county
and state regulations.
C.
District regulations to be complied with. Except as otherwise provided,
the use and height of buildings hereafter erected, converted, moved,
enlarged or structurally altered and the use of any land shall be
in compliance with the regulations established herein for the district
in which such building or land is located.
D.
Yard reduction or joint use.
(1)
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.
(2)
No yard or other open space allocated to a structure or parcel of
land shall be used to satisfy yard, other open spaces or minimum lot
area requirements for any other structure or parcel.
E.
Lots abutting more restrictive district. Any side yard, rear yard
or court abutting a district boundary line shall have a minimum width
and depth in the less restricted district equal to the average of
the required minimum widths and depths for such yards and courts in
the two districts which abut the district boundary line.
F.
Relationship with other laws. Where the conditions imposed by any
part of this chapter upon the use of land or buildings or upon the
bulk of buildings are either more restrictive or less restrictive
than comparable conditions imposed by any other provisions of this
chapter or any other laws, ordinances, resolutions, rules or regulations
of any kind, the regulations which are more restrictive (or impose
higher standards or requirements) shall be enforced.
Only the following uses and their essential services may be
allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses, specified
for a district.
(1)
Except
in the case of condominiums, planned unit developments, and accessory
dwelling units or as otherwise provided in this ordinance, not more
than one principal building or use and its accessory buildings or
uses may be located on a lot or parcel of land.
B.
Accessory uses. Accessory uses and structures as specified are permitted
in any district but not until their principal structure is present
or under construction.
C.
Conditional uses.
(1)
Conditional uses and their accessory uses are considered as uses requiring, for their authorization, review, public hearing and approval in accordance with Article IV of this chapter excepting those existent at time of adoption of the Zoning Code.
(2)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of new conditional use(s) shall require review, public hearing and approval in accordance with Article IV of this chapter.
(3)
The length of time, in years, of a conditional use permit shall be
determined by the Plan Commission as a condition of the permit, or
until a future happening or event at which the same shall terminate.
Conditional uses may be renewed following the original issuance standards.
D.
(Reserved)
E.
Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in § 635-13 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Plan Commission for determination, in accordance with the following procedure:
(1)
Application. Application for determination for classification of
an unlisted use shall be made in writing to the Zoning Administrator
and shall include a detailed description of the proposed use and such
other information as may be required by the Plan Commission to facilitate
the determination.
(2)
Investigation. The Plan Commission shall make or have made such investigations
as it deems necessary in order to compare the nature and characteristics
of the proposed use with those of the uses specifically listed in
this chapter and to recommend its classification.
(3)
Determination. The determination of the Plan Commission shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The Plan Commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in § 635-13.
(4)
Effective date of determination. At the time of this determination
of the classification of the unlisted use by the Plan Commission,
the classification of the unlisted use shall become effective.
A.
Street frontage. All lots shall abut upon a public street or other
officially approved means of access, and each lot shall have a minimum
frontage of 30 feet at the front setback line; however, to be buildable,
the lot shall comply with the frontage requirements of the zoning
district in which it is located.
B.
Principal structures. All principal structures shall be located on
a lot. Except in the case of condominiums, planned unit developments,
and accessory dwelling units or as otherwise provided in this chapter,
not more than one principal building or use and its accessory buildings
or uses may be located on a lot or parcel of land. Where additional
structures are permitted, the Common Council, upon the recommendation
of the Plan Commission, may impose additional requirements.
C.
Dedicated street. All lots shall abut a public street or approved
private road or way which is constructed to applicable standards.
No land use permit shall be issued for a lot which abuts a public
street dedicated to only a portion of its proposed width and located
on that side thereof from which the required dedication has not been
secured.
D.
Site suitability. No land shall be used or structure erected where
the land is held unsuitable for such use or structure by the Common
Council, upon the recommendation of the Plan Commission, by reason
of flooding, concentrated runoff, inadequate drainage, adverse soil
or rock formation, unfavorable topography, low percolation rate or
bearing strength, erosion susceptibility or any other feature likely
to be harmful to the health, safety, prosperity, aesthetics and general
welfare of this community. The Plan Commission, in applying the provisions
of this subsection, shall, in writing, recite the particular facts
upon which it bases its conclusion that the land is not suitable for
certain uses. The applicant shall have an opportunity to present evidence
contesting such unsuitability if he so desires. Thereafter, the Plan
Commission may affirm, modify or withdraw its determination of unsuitability
when making its recommendation to the Common Council.
E.
Preservation of topography. In order to protect the property owner
from possible damage due to change in the existing grade of adjoining
lands and to aid in preserving and protecting the natural beauty and
character of the landscape, no change in the existing topography of
any land shall be made which would result in increasing any portion
of the slope to a ratio greater than 1 1/2 horizontal to one
vertical, within a distance of 20 feet from the property line, except
with the written consent of the owner of the abutting property and
with the approval of the Common Council, upon the recommendation of
the Plan Commission, or which would alter the existing drainage or
topography in any way as to adversely affect the adjoining property.
In no case shall any slope exceed the normal angle of slippage of
the material involved, and all slopes shall be protected against erosion.
F.
Decks. For purposes of this chapter, decks, porches and fireplace
chases shall be considered a part of a building or structure.
G.
Vacated streets. Whenever any street, alley, easement or public way
is vacated by official action, the zoning district abutting the center
line of the said vacated area shall not be affected by such proceeding.
H.
Obstruction of unplatted lands. All buildings hereafter erected upon
unplatted land shall be so placed that they will not obstruct proper
street extensions or other features of proper subdivision and land
platting.
I.
Dwelling units. No cellar, basement, garage, or accessory building
shall, at any time, be used as a dwelling unit except as approved
by the Common Council as an accessory dwelling unit. No unfinished
home, tent, recreational vehicle or trailer shall at any time be used
as a dwelling unit. Basements shall not be used as dwelling units,
except where specifically designed for such use through proper damp-proofing,
fire-protecting walls and other requirements as may be imposed by
the building and housing codes.
J.
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 Administrator.
The Zoning Administrator may impose conditions on such temporary uses.
K.
Unclassified or unspecified uses. Unclassified or unspecified uses
may be permitted by the Common Council after the Plan Commission has
made a review and recommendation, provided that such uses are similar
in character to the principal uses permitted in the district.
L.
Screening regulations. Any use required by this chapter to be screened
shall be confined within an opaque fence or wall eight feet high or
a visual screen consisting of evergreen or evergreen-type hedges or
shrubs, spaced at intervals of not more than six feet located and
maintained in good condition.
M.
Area required for rubbish containers. On all premises on which there
will be constructed after 1989 a new building which will house six
or more dwelling units; any existing building converted to six or
more dwelling units after such date; or any rooming house, fraternity
or sorority house having six or more occupants, there shall be provided
a sufficient area as determined by the Plan Commission for rubbish
collection containers. Such areas shall not be located in the front
or street side yard and shall be accessible by motorized vehicles
or other motorized equipment. Such areas shall not be a required off-street
parking area and shall be shown on the plot plan submitted at the
time of application for a permit.
N.
Number of tenants. No owner of any dwelling shall lease or enter
any lease of any one dwelling unit to more than five persons not related
by blood, marriage, adoption or legal guardianship, living together
as a single housekeeping unit and using common cooking facilities,
or more than 10 persons living together as a single housekeeping unit
and using common cooking facilities in a foster home wherein the foster
parents have been licensed by the State Department of Children and
Families.
O.
Roof and siding design. All structures located in a residential district
shall be covered with a finished exterior siding material and shall
have a finished roof and have a finished soffit, unless prior approval
for an alternative design is first received from the Plan Commission.
A.
Height. The district height limitations stipulated elsewhere in this
chapter may be exceeded, but such modification shall be in accord
with the following:
(1)
Agricultural structures. Agricultural structures, such as barns,
silos and windmills, shall not exceed in height twice their distance
from the nearest lot line.
(2)
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.
(3)
Essential services, utilities, water towers, and electric power and
communication transmission lines are exempt from the height limitations
of this chapter.
(4)
Communication 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.
(5)
Public or semipublic facilities. Public or semipublic facilities,
such as schools, churches, hospitals, monuments, sanitariums, libraries,
government 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.
B.
Yards. The yard requirements stipulated elsewhere in this chapter
may be modified as follows:
(1)
Architectural projections. Chimneys, flues, sills, eaves, belt courses,
ornaments, etc., may project into any required yard, but such projection
shall not exceed two feet.
(2)
Essential services, utilities, and electric power and communication
transmission lines are exempt from the yard and distance requirements
of this chapter.
(3)
Landscaping and vegetation are exempt from the yard requirements
of this chapter.
C.
Average building setbacks. In residential and business districts,
except for corner lots, required setbacks shall be modified in the
following cases:
(1)
Average front yards. The required front yards may be decreased in
any residential or business district to the average of the existing
front yards of the abutting principal structures on each side.
D.
Corner lots. For purposes of this chapter, corner lots will have no rear yard setback requirements but shall, for setback purposes, have two front yard (street sides) requirements and two side yard setback requirements. Front yard fence regulations as provided in § 635-89C(1).
In any district where the City determines public water service
or public sewage service is not available the lot shall have a minimum
area of five acres, have adequate soils for the construction and operation
of private individual sewage treatment and private individual water
systems, and sufficient area for at least one replacement private
sewage treatment system according to Ch. SPS 383, Wis. Adm. Code.
