[Amended 4-22-2014 by Ord. No. 2522; 10-13-2020 by Ord. No. 2642]
A.
Maximum number of principal uses allowed per lot. Only one principal
use shall be allowed per lot in the agricultural and residential zoning
districts. One or more principal uses may be allowed in all nonresidential
and nonagricultural zoning districts upon the approval of the Plan
Commission.
B.
Similar uses. Where there is a new use that the Plan Commission finds
similar in nature, operation and function to that of another use allowed
in this chapter, the Plan Commission may permit the new use under
similar districts and with all other applicable regulations as the
existing similar use.
C.
Incompatible uses. There are several specific uses that are considered
incompatible with the characteristics of the City of New Berlin and
are herewith prohibited in all zoning districts. These prohibited
uses include:
(1)
Manufacturing of acid, ammonia, ammunition, asbestos, asphalt, cement,
chlorine, coal tar, creosote, explosives, fertilizer, gelatin, glue,
gypsum, insecticide, lampblack, poison, pulp, pyroxyline, and radium.
(2)
Processing acid, ammonia, asbestos, asphalt, cabbage, cement, chlorine,
coal tar, creosote, explosives, fertilizer, fish, gelatin, glue, grease,
gypsum, insecticides, lampblack, offal, poison, pulp, pyroxyline,
and radioactive materials.
(3)
Paper mills and planning mills.
(4)
Storage of bulk fertilizer, ammunition, explosives, gasoline in excess
of 50,000 gallons in a single tank, grease and radioactive materials.
(5)
Auto-wrecking yards, bone distillation, brick works, stone works,
clay refractories, fat rendering, forges, foundries, smelters, junkyards,
garbage incinerators, gasification, pyrolysis, rubbish storage, slaughterhouses,
animals reduction, stockyards and tanneries. This provision shall
not apply to any municipal recycling center.
(6)
Solid waste storage, transportation, transfer, incineration, air
curtain destructor, processing, one-time disposal or small demolition
facility; new sanitary landfills; coal storage areas; bulk fuel storage
facilities; and pesticide or fertilizer handling or storage facilities.
(7)
Large-scale utility facilities that serve the region which provide
services that have a major impact by virtue of their appearance, noise,
size, traffic generation or other operational characteristics, to
include but not be limited to water storage tanks and reservoirs,
booster stations, solid waste disposal and processing, sewer and wastewater
treatment plants and power plants, but does exclude water transmission
lines, sewer collectors, power transmission lines, natural gas transmission
lines, radio and television antennas.
D.
Rummage sales may be conducted in any district, provided that the rummage sale does not exceed four consecutive days in length and is not conducted more often than three times per year. Rummage sales do not require the issuance of a building or zoning permit. Rummage sale signs shall be limited as provided in § 275-61G(2) of this chapter.
E.
Yard and setback areas shall be landscaped and kept clean and free from the accumulation of debris or refuse and shall not be used for the storage or display of equipment, products, vehicles [except as provided in § 275-57B(1) and (2) of this chapter], and other materials.
F.
Undesirable storage. On no property where storage of equipment or
materials is permitted shall such storage which is out of doors be
so located and so arranged as to adversely affect the property values
and general desirable appearance of the neighborhood. Storage of building
materials on a property where a permit has been issued for a specific
building project and storage of demolition materials associated with
the project are permitted during said project, provided that all building
materials and demolition materials are removed from the site within
10 days following the completion of the project or the expiration
of the permit. Outside storage of junk is prohibited in all districts,
except as may be permitted in licensed landfills. The Director or
any affected property owner may present written evidence to the Plan
Commission for a determination of appropriate storage. The Plan Commission
shall notify the alleged violator of the meeting at which the determination
will be made at least 10 days prior to the meeting. The alleged violator
may present evidence in support of the storage arrangement. The Plan
Commission may issue written orders stating the manner and time in
which storage shall be enclosed, rearranged, relocated or removed.
Failure to comply with a Plan Commission order shall be grounds for
an enforcement action pursuant to this chapter.
G.
Display of vehicles for sale. Not more than one automobile, boat,
recreational vehicle or other personal vehicle may be displayed in
a driveway or parking lot for sale, unless a sales lot has been approved
by the Plan Commission in an appropriate business district. The vehicle
must be owned and registered to the occupant of the premises, and
such sales shall not occur more than three times in any given year.
Vehicles shall not be displayed on lawn areas or within a public right-of-way.
H.
Historic preservation. No building permit or raze permit shall be
issued for the erection, alteration, repair, moving or demolition
of any development designated as a landmark or landmark site unless
approval has been obtained from the City of New Berlin Landmarks Commission
and all notices required under § 66.0143, Wis. Stats., have
been made.
I.
Safe water and sanitary sewer. No lot shall be created and no building
shall be erected, altered, repaired or moved unless it conforms to
all City and county ordinances applicable to water and sewage disposal
systems.
J.
No building intended for human occupancy shall be erected, altered,
repaired or moved unless it is connected to a public sanitary sewerage
system or is connected to an approved on-site sewage disposal system
(septic tank).
K.
No outhouse or privy shall hereafter be erected.
L.
No building intended for human occupancy shall be erected, altered,
repaired or moved unless it is connected to a public water supply
system or is connected to an approved private well providing a safe
and adequate supply of water.
M.
No lot other than for agricultural, park or recreational purposes
shall be divided or created unless proof of adequate municipal sewer
and water service or septic/mound system and safe well is shown to
be available.
N.
Hazardous uses. No use, in any district, which is hazardous, harmful,
noxious, offensive or is a nuisance shall be permitted. Any use which
becomes hazardous, harmful, noxious, offensive or is a nuisance to
the neighborhood shall be corrected and improved, or removed, in accordance
with measures specified by the Plan Commission consistent with reasonable
technological and economic practicality.
The following are use-specific regulations for uses allowed in Article IV. These regulations apply to all districts except where specified.
A.
Agricultural uses.
[Amended 10-9-2018 by Ord. No. 2607; 4-25-2023 by Ord. No. 2668]
(1)
General farm buildings.
(a)
General farm buildings shall not be used for the storage of
nonagricultural equipment, including but not limited to snowmobiles,
ATVs, automobiles, boats, campers, recreational equipment, construction
equipment, and nonagricultural or industrial inventory.
(b)
The Plan Commission shall consider demonstrated agricultural
needs in reviewing agricultural buildings.
(2)
Keeping and raising of animals.
(a)
The keeping and raising of animals in the A-1, A-2, R-1/R-2, C-1 and C-2 Zoning Districts shall be limited to the quantities in Table 275-41A and subject to provisions in Subsection A(2)(b) through (f) below and applicable zoning district regulations. The keeping and raising of animals in larger quantities than allowed by right shall be considered a conditional use (§ 275-27).
[1]
When applying for a conditional use permit to keep additional
animals, the burden of proof shall be placed on the applicant to demonstrate
to the reasonable satisfaction of the City that additional carrying
capacity exists to support the keeping and raising of the animals
as applied for by the applicant. In reviewing the conditional use,
the City will consider whether:
[a]
Adequate facilities exist for housing and feeding
the animals;
[b]
Adequate measures exist to manage and dispose of
waste products;
[c]
The number of animals applied for will adversely
impact neighboring properties, particularly residential ones, and/or
whether the number of animals being applied for will adversely impact
the environment (e.g., stormwater runoff, contamination).
|
Table 275-41A
| |||
|---|---|---|---|
|
Category
|
Minimum Lot Size
(acres)
|
Number per acre
|
Type of Animal
|
|
Large livestock
|
3
|
1
|
Large livestock > 2 years
|
|
Large livestock
|
3
|
2
|
Large livestock < 2 years
|
|
Small livestock
|
2
|
8
|
Goats
|
|
Small livestock
|
2
|
8
|
Sheep
|
|
Small livestock
|
2
|
12
|
Pigmy goats
|
|
Small livestock
|
2
|
8
|
Llamas, alpacas
|
|
Small livestock
|
2
|
8
|
Miniature horses
|
|
Small livestock
|
2
|
4
|
Potbellied pigs, other small-breed pigs under 300 pounds
|
|
2
|
2
|
Ponies (under 40 inches)
| |
|
Small livestock
|
2
|
Double allowable density
|
All small livestock offspring under 12 months
|
|
Small fowl
|
1
|
20
|
Over 4 months of age
|
|
Large fowl
|
2
|
4
|
Over 4 months of age
|
|
Rabbits
|
1
|
20
|
Over 4 months of age
|
|
Residential chickens
| |||
|
NOTE: See § 275-41A(2)(f) for calculating animal combinations.
| |||
(d)
The raising of animals shall be considered an accessory use
in the R-1/R-2 Zoning District and shall meet the following requirements:
[1]
The raising of animals shall be for personal use only, with
the exception of selling offspring and/or animal products.
[2]
No pasture constructed after January 12, 2010, shall be located
within 50 feet of an existing residence on an adjacent residential
parcel.
[3]
It shall be limited to the quantities in Table 275-41A. The keeping and raising of animals in larger quantities than allowed by right shall be considered a conditional use subject to § 275-41A(2)(a)[1].
[4]
Animals outlined in Table 275-41A shall have adequate facilities
for housing and feeding. Animals must be within a fenced-in area.
(e)
Stables, boarding and riding academies are allowed in A-1, A-2, R-1/R-2, and C-1 Zoning Districts. Any new structure proposed within a C-1 District shall be a conditional use and regulated subject to § 275-27.
[1]
They shall be limited to the quantities in Table 275-41A. The keeping and raising of animals in larger quantities than allowed by right shall be considered a conditional use subject to § 275-41A(2)(a)[1].
(f)
Determining the maximum number of livestock and fowl. The calculation of the maximum number of livestock and fowl allowed applies to all subsections in § 275-41A(2). Different animal types may be combined, but the total calculated number of animals may not exceed the maximum per-acre density identified in Table 275-41A. For example, a five-acre lot will allow for five head of large livestock or 100 small fowl; or a three acre lot can have one horse, eight sheep and 20 head of small fowl, or equivalent numbers not to exceed the maximum allowed.
[1]
Contiguous land under the same ownership. The total acreage
of parcels of land that are contiguous to each other, under that same
ownership and have the appropriate zoning category may be used when
calculating the maximum number of animals allowed. The minimum lot
size for the keeping and raising of animals shall be met prior to
additional animals being allowed for additional contiguous lands.
[2]
Contiguous land that is leased. If contiguous land is being
leased for agricultural purposes, the leased land area can be used
when calculating the maximum number of animals allowed. Once the land
is no longer being leased, the maximum number of animals allowed shall
be adjusted. A written lease agreement, signed by all property owners,
shall be required. The minimum lot size for the keeping and raising
of animals shall be met prior to additional animals being allowed
for additional contiguous lands. The leased land shall be used exclusively
by the lessee.
[3]
When determining the maximum number of animals allowed on contiguous
lands, the land area can only be used once or by one property owner.
Double counting is not allowed.
(g)
The raising of chickens or ducks for personal use shall be considered an accessory use in all single-family residential zoning districts not included in § 275-41A(2)(a) through (f) above and shall meet the following requirements:
[1]
Up to a total of four chickens and/or ducks allowed per single-family
dwelling.
[2]
No roosters.
[3]
No slaughtering.
[4]
Chickens and/or ducks shall be kept within a secure enclosure.
[5]
Enclosures shall be located no closer than 25 feet to neighboring
dwellings and a minimum of five feet from the property line.
B.
Residential uses.
(1)
Elderly housing and assisted-living facilities.
(a)
The density of an elderly housing development shall not exceed
14 dwelling units per acre.
(b)
All buildings shall be 50 feet from any exterior lot line. The
Plan Commission may, however, permit buildings to have covered walks
or be attached to other related structures, such as senior centers,
hospitals, clinics or shopping centers.
(c)
Buildings shall be specifically designed for the elderly and
handicapped. Projects shall include such features as central locked
lobby entrances; common rooms and areas on every floor and wing within
a building; elevators; wider hallways with hand railings; walking
paths and outdoor sitting areas; and programs and activities designed
for the elderly.
(d)
Visitor and staff parking shall be provided. Underground or
attached parking for residents shall be provided at a ratio consistent
with expected automobile usage rates.
(e)
All units in a project shall be rented or sold to the elderly
or handicapped to qualify as an elderly project. Mixed projects shall
be designed and built under the regular multifamily residential regulations.
(f)
Nursing homes, true assisted-care elderly facilities, and community-based
residential facilities (CBRF) may be constructed as conditional uses
in an Rm-1 Zoning District; however, such uses are provided for as
principal uses in the I-1 Institutional District.
(g)
Minimum dwelling unit size for an individual living unit designed
for a single-person-occupancy, one-bedroom unit shall be 600 square
feet. An additional 100 square feet shall be required for each additional
bedroom, with a maximum of five bedrooms per dwelling unit in cases
of congregate living. Efficiency units shall be a minimum of 500 square
feet. This requirement may be waived by the Plan Commission in the
case of a building designed for congregate living, provided that the
combination of the individual and common areas together meets the
overall living space requirements for the number of people intending
to occupy the building.
(h)
Building exteriors shall incorporate maintenance-free materials,
such as brick, stone, vinyl, etc., to the maximum extent practical.
(i)
In addition, the Plan Commission shall establish separate building
area, dwelling unit size, amenity, enclosed parking, screening, setback
and yard and other requirements for the health, safety, and welfare
for each housing-for-the-elderly project.
(j)
Buildings or developments not determined to be true elderly
or handicapped projects by the Plan Commission shall be subject to
all requirements of the regular multifamily zoning district. Qualification
as "elderly" under state or federal law does not automatically meet
criteria under this zoning provision.
(2)
Single-family dwellings with attached garage. A single-family dwelling
may be allowed as a conditional use in the Rm-1 District if the site
meets the minimum lot area, width and yard requirements of the R-4.5
District.
(3)
Conservation area use and design standards.
(a)
Uses permitted in conservation areas. The following uses are
permitted in conservation areas:
[1]
Conservation of open land in its natural state (for example,
woodland, fallow field, or managed meadow);
[2]
Agricultural and horticultural uses, including raising crops
or livestock, associated buildings, excluding residences that are
specifically needed to support an active, viable agricultural or horticultural
operation. Specifically excluded are commercial livestock operations
involving swine, poultry, mink, and other animals likely to produce
highly offensive odors.
[3]
Pasture land for horses used solely for recreational purposes.
Equestrian facilities shall be permitted but may not consume more
than half of the minimum required conservation area.
[4]
Silviculture, in keeping with established standards for selective
harvesting and sustained-yield forestry.
[5]
Neighborhood open space uses, such as village greens, commons,
picnic areas, community gardens, trails, and similar low-impact passive
recreational uses, specifically excluding motorized off-road vehicles,
rifle ranges, and other uses similar in character and potential impact
as determined by the Plan Commission.
[6]
Active noncommercial recreation areas, such as play fields,
playgrounds, courts, and bikeways, provided such areas do not consume
more than half of the minimum required conservation area or five acres,
whichever is less. Play fields, playgrounds, and courts shall not
be located within 200 feet of abutting properties. Parking facilities
for the same shall also be permitted, and they shall generally be
gravel-surfaced, unlighted, properly drained, provide safe ingress
and egress, and contain no more than 10 parking spaces.
[7]
Golf courses may comprise up to half of the minimum required
conservation area but shall not include driving ranges or miniature
golf courses. Their parking areas and any associated structures shall
not be included within the minimum conservation area requirement;
their parking and accessways may be paved and lighted.
[8]
Private owner water supply and sewage disposal systems, and
stormwater detention areas designed, landscaped, and available for
use as an integral part of the conservation area. The integrity of
all conservation areas shall be maintained and not adversely impacted.
[9]
Easements for drainage, access, sewer or water lines, or other
public purposes. Off-lot POWTS areas shall be identified through survey
markers/monuments. In addition, as-built drawings shall be submitted
to the City and/or the grantee of the conservation easement for the
area.
[10]
Underground utility rights-of-way. Aboveground
utility and street rights-of-way may traverse conservation areas but
shall not count toward the minimum required conservation area.
(b)
Conservation design standards.
[1]
Conservation areas shall be laid out to ensure that an interconnected network of open space will be provided, to the greatest extent practicable, considering both areas within the proposed subdivision and areas adjacent to it. The required conservation area consists of a mixture of primary environmental corridors (PECs), all of which must be included, and secondary environmental corridors (SECs), and isolated natural resource areas (INRAs). PECs comprise those areas listed in § 275-33G(2) as being subtracted from the total parcel acreage to produce the "adjusted tract acreage." SCAs should include special features of the property that would ordinarily be overlooked or ignored during the design process. Examples of such features are listed and described in § 235-41 (conservation design review standards) in Chapter 235, Subdivision of Land.
[2]
Conservation areas shall generally remain undivided and may
be owned and maintained by a homeowners' association, land trust,
another conservation organization recognized by the City, or by a
private individual (typically as part of the original farmstead).
However, in no case shall less than 30% of the land comprising the
adjusted tract acreage be available for the common use and enjoyment
of the subdivision residents. These ownership options may be combined
so that different parts of the conservation area may be owned by different
entities.
[3]
Buffers for adjacent public parkland. Where the proposed development
adjoins public parkland, a natural conservation buffer at least 150
feet deep shall be provided within the development along its common
boundary with the parkland, within which no new structures shall be
constructed, nor shall any clearing of trees or understory growth
be permitted (except as may be necessary for street or trail construction).
Where this buffer is unwooded, the City may require vegetative screening
to be planted or that it be managed to encourage natural forest succession
through "no-mow" policies and the periodic removal of invasive alien
plant and tree species.
(c)
Other requirements.
[1]
No portion of any building lot may be used for meeting the minimum
required conservation area, except within conservancy lots of at least
10 acres. However, active agricultural land with farm buildings, excluding
areas used for residences, may be used to meet the minimum required
conservation area.
[2]
Pedestrian and maintenance access, excluding those areas used
for agricultural or horticultural purposes, shall be provided to a
conservation area in accordance with the following requirements:
[a]
Access to conservation areas used for agriculture
may be appropriately restricted for public safety and to prevent interference
with agricultural operations.
(4)
Permanent conservation protection through conservation easements.
(a)
The conservation area that is required to be reserved and created
through the subdivision process shall be subject to permanent conservation
easements prohibiting future development and defining the range of
permitted activities. (For example, the clearing of woodland habitat
shall generally be prohibited, except as necessary to create trails,
active recreation facilities, and to install subsurface septic disposal
systems or spray irrigation facilities.) The determination of necessity
shall lie with the Common Council.
(b)
In "limited development" subdivisions where applicants voluntarily
opt to develop their properties at densities substantially below those
which are permitted under this chapter, with lots at 10 acres in area,
and when they offer to place a restrictive conservation easement preventing
future subdivision of the newly created parcels, the City shall review
the proposed easements and may accept them, provided their wording
accomplishes the purposes of this chapter and is consistent with the
City's Comprehensive Plan and the Wisconsin Uniform Conservation Easement
Act.[3]
[3]
Editor's Note: See § 700.40, Wis. Stats.
(c)
The holder of the conservation easement shall be as permitted
pursuant to § 700.40(1)(b), Wis. Stats., as amended.
(5)
Conservation area ownership and maintenance standards.
(a)
Permanent protection. All conservation areas shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 275-41B.
(b)
Ownership options. The following methods may be used, either
individually or in combination, to own common facilities. The City
may request designation of areas for municipal ownership, of any areas
identified in the City's Park and Open Space Plan as future parkland
or potential trails, and any areas identified for protection under
the SEWRPC's Natural Areas and Critical Species Habitat Protection
and Management Plan for Southeastern Wisconsin. Common facilities
shall not be transferred to another entity except for transfer to
another method of ownership permitted under this section, and then
only when there is no change in the common facilities or in the open
space ratio of the overall development. Ownership methods shall conform
to the following:
[1]
Fee-simple dedication to the City. The City may, but shall not
be required to, accept any portion of the common facilities, provided
that:
[2]
Condominium association. Common facilities may be controlled
through the use of condominium agreements. Such agreements shall be
in accordance with relevant state law. All open land and common facilities
shall be held as "common elements."
[3]
Homeowners' association. Common facilities may be held in common
ownership by a homeowners' association, subject to all of the provisions
for homeowners' associations set forth in state regulations and statutes.
In addition, the following regulations shall be met:
[a]
The applicant shall provide the City a description
of the organization of the proposed association, including its bylaws
and all documents governing ownership, maintenance, and use restrictions
for common facilities.
[b]
The proposed association shall be established by
the owner or applicant and shall be operating (with financial subsidization
by the owner or applicant, if necessary) before the sale of any dwelling
units in the development.
[c]
Membership in the association shall be automatic
(mandatory) for all purchasers of dwelling units therein and their
successors in title.
[d]
The association shall be responsible for maintenance
and insurance of common facilities.
[e]
The bylaws shall confer legal authority on the
association to place a lien on the real property of any member who
falls delinquent is his or her dues. Such dues shall be paid with
the accrued interest before the lien may be lifted.
[f]
Written notice of any proposed transfer of common
facilities by the association or the assumption of maintenance for
common facilities must be given to all members of the association
and to the City no less than 30 days prior to such event.
[g]
The association or its designee shall have adequate
staff to administer, maintain, and operate such common facilities.
[h]
The bylaws must prohibit amendments without the
approval of the City as to conservation areas.
[4]
Private conservation organization. With permission of the City,
an owner may transfer either fee-simple title of the open space or
easements on the open space to a private nonprofit conservation organization,
provided that:
[a]
The conservation organization is acceptable to
the City and is a bona fide conservation organization intended to
exist indefinitely;
[b]
The conveyance contains appropriate provisions
for proper reverter or retransfer in the event that the organization
becomes unwilling or unable to continue carrying out its functions;
[c]
The conservation areas are permanently restricted
from future development through a conservation easement; and
[d]
A maintenance agreement acceptable to the City
is established between the owner and the organization.
[5]
Dedication of easements to the City. The City may, but shall
not be required to, accept easements for public use of any portion
of the common land or facilities. In such cases, the facility remains
in the ownership of the condominium association, homeowners' association,
or private conservation organization while the City holds the easements.
In addition, the following regulations shall apply:
[6]
In the R-6 District, additional perimeter screening shall be
required along Sunny Slope Road and any other designated area that
requires visual relief. The following shall apply:
[Added 1-12-2016 by Ord.
No. 2558]
[a]
Screening areas shall be at least 50 feet deep
and may be placed in an outlot or defined easement area.
[b]
Berms shall be utilized and constructed at a slope
of 2.5 to one.
[c]
Perimeter landscaping shall provide a semi-opaque
screen during the winter season.
[d]
Plants in perimeter landscaping areas shall be
grouped instead of evenly spread.
[e]
The screening buffer shall take on a more natural
appearance, where organic lines are used over straight formal lines.
(6)
In the R-6 District, additional perimeter screening shall be required
along Sunny Slope Road and any other designated area that requires
visual relief. The following shall apply:
[Added 1-12-2016 by Ord.
No. 2558]
(a)
Screening areas shall be at least 50 feet deep and may be placed
in an outlot or defined easement area.
(b)
Berms shall be utilized and constructed at a slope of 2.5 to
one.
(c)
Perimeter landscaping shall provide a semi-opaque screen during
the winter season.
(d)
Plants in perimeter landscaping areas shall be grouped instead
of evenly spread.
(e)
The screening buffer shall take on a more natural appearance,
where organic lines are used over straight formal lines.
(7)
In
the R-7 District, the following shall apply:
[Added 10-13-2020 by Ord. No. 2642]
(a)
In the R-7 District, a development agreement shall be required along
with appropriate financial sureties, to be evaluated by the City,
no more than annually and no less than every five years, for adequacy,
to ensure for the proper maintenance and permitting of the on-site
waste treatment facility in perpetuity.
(8)
Transient
lodging uses.
[Added 4-25-2023 by Ord. No. 2668]
(a)
Transient lodging uses for remuneration are prohibited in the residential
districts of the City where the period of each individual use is less
than seven days. Any person acting as an agent, real estate broker,
real estate sales agent, property manager, reservation service or
arranges or negotiates for the use of residential property or transient
lodging uses, or any person who uses or allows the use of residential
property in this manner shall be considered in violation of this section.
Each day in which such residential property is used or allowed to
be used in violation of this section shall be considered a separate
offense. Any rental of single-family property for camping purposes
is prohibited.
(b)
Individual transient residential lodging uses for remuneration of
more than six but fewer than 30 consecutive days within any consecutive
365-day period may be rented for no more than 181 days in the aggregate.
The days during which the transient residential lodging uses for remuneration
may be conducted shall run consecutively. Any individual or entity
which engages in transient residential lodging uses for remuneration
shall notify the City Clerk, in writing, when the first rental within
a 365-day period is to begin.
C.
Commercial uses.
(1)
Adult-oriented establishments.
(a)
Such uses shall not be operated within 1,000 feet of:
(b)
Such use may not be operated in the same building, structure
or any portion thereof containing another adult-oriented establishment.
(c)
For purposes of this section, the distance between any two adult-oriented
establishments shall be measured in a straight line, without regard
to intervening structures or objects, from the closest exterior wall
of the structure in which each business is located.
(2)
Automotive fuel sales.
(a)
All fuel pumps and service islands shall comply with the yard
requirements of the zoning district in which the use is allowed.
(b)
The outermost edge of any protective canopy shall not be closer
than 25 feet to the base setback line and shall meet the side and
rear setbacks.
[Amended 4-25-2023 by Ord. No. 2668
(3)
Automotive service. Such uses shall not include the service of semitractors
or semitrailers.
(4)
Bed-and-breakfast establishments. All bed-and-breakfast establishments
shall meet the provisions set forth in § 254.61(1), Wis.
Stats, and Ch. HSS 197, Wis. Adm. Code.
(5)
Department stores. Department stores are only allowed in shopping
centers located on a site that is 10 or more gross acres in size.
(7)
Funeral services. Crematory services shall only be allowed as an
accessory use in the I-1, B-1, B-2, B-3, M-1, and M-2 Zoning Districts.
(8)
Hotels and motels. Hotels and motels may exceed the district height regulations, yet no hotel or motel may exceed 55 feet in height except as defined in § 275-35D(5).
(9)
Outdoor displays and sales.
[Amended 9-23-2014 by Ord. No. 2529]
(a)
The outside display of merchandise may be allowed as an accessory
use in all commercial, manufacturing and industrial districts if all
of the following provisions are met:
[1]
The display shall not exceed 500 square feet in commercial districts
or 1,000 square feet in the manufacturing and industrial districts;
excluding seasonal displays, temporary events or displays approved
as part of the plan of operation;
[2]
The display does not obstruct traffic, sidewalks, or fire lanes;
and
[3]
The display area is not being used for the storage of merchandise
only.
(b)
Display of vehicles for sale. Not more than one automobile,
boat, recreational vehicle, or other personal vehicle may be displayed
in a driveway or parking lot for sale, unless a sales lot has been
approved by the Plan Commission in an appropriate business district.
The vehicle must be owned and registered to the occupant of the premises,
and such sales shall not occur more than three times in any given
year. Vehicles shall not be displayed on lawn areas or within a public
right-of-way.
(c)
Outdoor displays placed under permanent canopies for automotive
fuel sales shall be permitted.
(d)
Items that are visible and are not located within an approved area for outdoor displays and sales are considered outdoor storage and shall meet the requirements in § 275-41C(10).
(10)
Outdoor storage. Outdoor storage may be allowed as an accessory
use as defined in the use summary tables for each zoning district,
subject to Department of Community Development staff review and approval,
and provided that such storage is screened from view of any public
right-of-way or residential area.
[Amended 9-23-2014 by Ord. No. 2529]
(11)
Personal services. A personal service use may be approved as a conditional use in the O-2, M-1 and M-2 Zoning Districts, provided that it meets the requirements of § 275-27 and that it is in such a location to provide services to the employees of nearby uses in these districts.
(12)
Restaurants.
[Amended 10-9-2018 by Ord. No. 2607]
(a)
A drive-through facility shall not be approved as part of a restaurant unless drive-through facilities are allowed in the subject zoning district and it meets all of the additional use regulations specified in § 275-41H(1) of this chapter.
(b)
A restaurant may be approved as a principal use in any office or industrial district, provided that it meets the requirements of § 275-24.
(c)
Brewpubs.
[2]
Brewpubs shall be required to meet all applicable local codes
and licensing requirements, as well as applicable state statutes,
federal laws and licensing governing this type of use.
[3]
One of the conditions of approval for brewpubs shall be that
the applicant has applied for and received all necessary liquor licenses
and permits to operate this type of business.
[4]
A brewpub (restaurant) in the City may only brew beer as part
of its business for consumption on the premises. No wholesaling of
the beer shall be permitted.
(d)
Breweries.
[2]
Breweries shall be required to meet all applicable local codes
and licensing requirements, as well as applicable state statutes,
federal laws and licensing governing this type of use.
[3]
One of the conditions of approval for breweries shall be that
the applicant has applied for and received all necessary liquor licenses
and permits to operate this type of business.
(13)
Retail commercial uses. A retail commercial use may be approved as a conditional use in any office or industrial district, provided that it meets the requirements of § 275-27.
(14)
Self-storage facilities.
(a)
No perishable products may be stored unless the Plan Commission
determines that adequate health provisions have been made;
(b)
No flammable or explosive materials may be stored unless the
Plan Commission determines that adequate safety provisions have been
made;
(c)
No sales of merchandise may be conducted from a self-storage
facility; and
(d)
No offices may be set up in storage units.
(15)
Service commercial uses.
(a)
Service commercial uses in the B-5 District should be limited
to uses that will serve the needs of the rural residential community.
(b)
A service commercial use may be approved as a conditional use in any office or industrial district, provided it meets the requirements of § 275-27 and that it is in such a location to provide services to the employees and businesses in the office and industrial districts.
(c)
Traffic, loading, parking and access. The parking and storage
of semitractors and semitrailers, except for pickup and deliveries,
is prohibited. Parking or storage of construction vehicles and equipment,
except during periods of permitted construction activity, is prohibited.
All storage and parking of vehicles and equipment, other than required
customer and employee off-street parking, shall be inside, except
the outside parking of two vehicles in accordance with the type and
size limitation of this chapter.
(16)
Mobile tower siting regulations.
[Amended 9-23-2014 by Ord. No. 2529]
(a)
Purpose. Mobile tower facilities shall be regulated as set forth
in this section, subject to 2013 Wisconsin Act 10, which amended § 66.0404,
Wis. Stats. These standards shall also be interpreted and enforced
in a manner consistent with the Telecommunications Act of 1996.
(b)
Exemptions.
[1]
Emergency communication facilities used for emergency communication
by public officials.
[2]
City communication facilities.
[3]
Antennas, amateur radio antennas (e.g., ham radio), and satellite dishes as regulated by § 275-42G(2).
(d)
Waivers/modifications. The Plan Commission may waive or modify
any requirements of this section. Any site for which a waiver from
the requirements of this section is granted shall comply with all
other requirements of this chapter. Such waiver or modification shall
only be granted if the Plan Commission determines that:
[1]
There will be no appreciable off-site impact caused by the waiver/modification.
[2]
Compliance with the requirement(s) is impractical or impossible
due to site conditions or other circumstances beyond the control of
the applicant.
[3]
The specific requirement is not necessary for a particular site
to ensure compliance with the requirements of this section.
(e)
The siting and construction of a new mobile service support
structure and facilities or the substantial modification of an existing
support structure and mobile service facilities (Class 1 co-location).
[1]
Application information, process and fees. An application for conditional use permit shall be made through the permit application center on forms furnished by the Department of Community Development and shall include information and supporting materials as specified under this section. Applicable application fees and developer deposit shall accompany the application as outlined in Zoning Code § 275-20C. The conditional use application shall be in writing and in an electronic format and shall contain all of the following information:
[a]
The name and business address of, and the contact
individual for, the applicant.
[b]
The location of the proposed or affected support
structure.
[c]
The location of the proposed mobile service facility.
[d]
Applications to substantially modify an existing
support structure shall submit a construction plan, which describes
the proposed modifications to the support structure and the equipment
and network components, including antennas, transmitters, receivers,
base stations, power supplies, cabling, and related equipment associated
with the proposed modifications.
[e]
Applications to construct a new mobile service
support structure shall submit a construction plan, which describes
the proposed mobile service support structure and the equipment and
network components, including antennas, transmitters, receivers, base
stations, power supplies, cabling, and related equipment to be placed
on or around the new mobile service support structure.
[f]
Applications to construct a new mobile service
support structure shall submit an explanation as to why the applicant
chose the proposed location and why the applicant did not choose co-location,
including a sworn statement from an individual who has responsibility
over the placement of the mobile service support structure attesting
that:
[g]
Provide documentation of the applicant's right,
title or interest in the property where the facility is to be located.
If the applicant is not the property owner, the applicant shall submit
a letter from the property owner(s) stating that they are consenting
to have a tower placed on their property. When the property owner
is the City, the applicant shall obtain approval from the applicable
boards or commissions that oversee the facility or land where the
tower is proposed to be placed. Any proposal for a new mobile service
support structure and facility on City-owned lands (parks, utility,
etc.) shall be required to make a submittal to DCD outlining their
specific request. DCD shall forward an RAS to the Common Council to
decide if it wishes to enter into negotiations on a lease to move
forward with a full submittal. If the Council agrees to investigate
further, the Council will refer the request on to the applicable boards,
commissions, and committees.
[h]
The facility is appropriately landscaped.
[i]
The facility/tower is in compliance with any other
applicable local, state, or federal regulations.
[j]
Structure report. A structure report prepared by
a qualified and licensed professional engineer which:
[i]
Describes the tower or structure height and design,
including a cross section and elevation;
[ii]
Documents the height above grade for all potential
mounting positions for co-located antennas and the minimum separation
distances between antennas;
[iii]
Describes the tower or structure capacity, including
the number and type of antennas that it can accommodate;
[iv]
Documents what steps the applicant will take to
avoid interference with established public safety telecommunications;
[v]
Includes an engineer's stamp and registration number;
[vi]
Includes safety considerations; and
[vii]
Includes other information necessary to evaluate
the request.
[k]
Design: ground equipment and utility structures.
[i]
One building that houses all the necessary ground
equipment shall be located on the site. All co-located equipment shall
be located within the common building to the maximum extent practicable.
The building shall either be sized to house all equipment for all
future co-location or constructed in a manner that allows expansion.
All expansions shall be architecturally consistent and compatible.
[ii]
The building shall be architecturally designed to be compatible with the architecture characteristics and § 275-59 to the maximum extent practicable.
[iii]
The building shall meet the minimum setbacks
of the zoning district. See also § 275-41C(16)(e)[1][m]
below.
[iv]
Ground-mounted equipment, including but not limited
to equipment cabinets and generators, should, to the maximum extent
practicable, be enclosed in a building except when screened with appropriate
landscaping.
[l]
Landscaping. The parking areas, buildings, and equipment shall be landscaped in accordance with § 275-56. The Plan Commission and CDA may allow an alternative landscaping or screening plan or waive the landscaping requirements if it is determined that the landscaping will not serve a functional value based on existing topography or surrounding land uses.
[m]
Height standards. Height is to be measured from
the ground elevation to the top of the tower, excluding any antennas.
[n]
A conditional use status shall not be granted for
communication towers unless the tower is located so that there is
sufficient radius of clear land around the tower that its collapse
shall be completely contained on the property, subject to the following.
If an applicant provides the City with an engineering certification
showing that a mobile service support structure, or an existing structure,
is designed to collapse within a smaller area than the setback or
fall zone area required in a zoning ordinance, that zoning ordinance
does not apply to such a structure unless the Plan Commission provides
the applicant with substantial evidence that the engineering certification
is flawed.
[2]
Completeness determination. If an applicant submits to the City an application for a permit to engage in an activity described under § 275-41C(16)(e), which contains all of the information required under § 275-41C(16)(e)[1], the Director or designee shall consider the application complete. If the Director or designee does not believe that the application is complete, the Director or designee shall notify the applicant, in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
[3]
Approval criteria. Within 90 days of its receipt of a complete
conditional use application, meeting the criteria listed within this
section, the City shall complete all of the following or the applicant
may consider the application approved, except that the applicant and
the City may agree in writing, to an extension of the ninety-day period:
[a]
Review the application to determine whether it complies with § 275-41C(16)(e)[1] and all applicable aspects of the City Building Code and subject to the limitations in this section of the Zoning Ordinance.
[b]
Plan Commission or CDA holds a public hearing.
[c]
Make a final decision whether to approve or disapprove
the application.
[d]
Notify the applicant, in writing, of its final
decision.
[e]
If the decision is to disapprove the application,
include with the written notification substantial evidence which supports
the decision.
[4]
The Plan Commission or CDA may disapprove an application if
an applicant refuses to evaluate the feasibility of co-location within
the applicant's search ring and provide the sworn statement described
under § 275-41C(16)(e)[1][f].
[5]
A party who is aggrieved by the final decision of the Plan Commission
or CDA under § 275-41C(16)(e)[3][c] may bring an action
in the circuit court of the county in which the proposed activity,
which is the subject of the application, is to be located.
(f)
Co-location of existing support structure (Class II co-location).
[1]
Application information. An application for a building permit shall be made through the permit application center on forms furnished by the Department of Community Development and shall include information and supporting materials as specified under this category. Applicable application fees shall accompany the application as outlined in Zoning Code § 275-20C and the State of Wisconsin. The building permit application shall be in writing and in an electronic format and shall contain all of the following information:
[a]
The name and business address of, and the contact
individual for, the applicant.
[b]
The location of the proposed or affected support
structure.
[c]
The location of the proposed mobile service facility
and construction plans.
[d]
The application complies with this section.
[e]
The facility/tower is in compliance with any other
applicable local, state, or federal regulations.
[f]
Structure report. A structure report prepared by
a qualified and licensed professional engineer which:
[i]
Describes the tower or structure height and design,
including a cross section and elevation;
[ii]
Documents the height above grade for all potential
mounting positions for co-located antennas and the minimum separation
distances between antennas;
[iii]
Describes the tower or structure capacity, including
the number and type of antennas that it can accommodate;
[iv]
Documents what steps the applicant will take to
avoid interference with established public safety telecommunications;
[v]
Includes an engineer's stamp and registration number;
[vi]
Includes safety considerations; and
[vii]
Includes other information necessary to evaluate
the request.
[2]
Completeness determination. If an applicant submits to the City an application for a permit to engage in an activity described under § 275-41C(16)(f), which contains all of the information required under § 275-41C(16)(f)[1], the Director or designee shall consider the application complete. If the Director or designee does not believe that the application is complete, the Director or designee shall notify the applicant, in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
[3]
Approval criteria. Within 45 days of its receipt of a complete building permit application, meeting the criteria listed within § 275-25, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree, in writing, to an extension of the forty-five-day period:
[a]
Make a final decision whether to approve or disapprove
the application.
[b]
Notify the applicant, in writing, of its final
decision.
[c]
If the application is approved, issue the applicant
the relevant permit.
[d]
If the decision is to disapprove the application,
include with the written notification substantial evidence which supports
the decision.
[4]
A party who is aggrieved by the final decision of the City under
§ 275-41C(16)(f)[3][a] may bring an action in the circuit
court of the county in which the proposed activity, which is the subject
of the application, is to be located.
(g)
General standards.
[1]
All towers and sites shall be properly maintained and shall be kept in a condition as not to become a public nuisance or eyesore in accordance with Chapter 201, Property Maintenance. Proper maintenance shall include but not be limited to regular lawn and landscaping care and painting of an accessory building, fences, and tower. Additionally, the site shall be kept free of junk and trash.
[2]
All antenna arrays shall be securely fastened to minimize noise
emissions or damages from falling.
[3]
Limitations on authority. The City review and action in the
matter shall be subject to the limitations imposed by Wis. Stats.,
§ 66.0404(4). In the event the applicant believes the City
has exceeded its authority in this regard, the applicant shall notify
the City in writing, and the Common Council reserves the right to
reconsider the matter, to ensure that applicable laws are followed.
(17)
Cosmetic tattoo establishments/permanent cosmetics.
(a)
The applicant shall provide a copy of all state licenses relating
to any application for permanent cosmetics prior to the issuance of
a zoning permit.
(18)
Outside seating area, patio, smoking area or other outside activity
area (i.e., volleyball courts, horseshoe pits, etc.) for commercial
uses.
(a)
The plan of operation may be amended to allow for the use to
extend to an approved outside patio, seating area, and/or other outside
activity area. The applicant shall provide the following information:
(b)
If the proposed use is adjacent to a residential zoning district,
the applicant shall be referred to the Plan Commission or CDA for
consideration. Other applications may be administratively approved,
unless, in the sole discretion of the Director, they pose significant
potential implications for surrounding uses.
(c)
An outdoor extension of the premises shall not increase the
authorized capacity of the establishment.
(20)
Car wash establishment.
[Added 4-25-2023 by Ord. No. 2668]
(a)
Car wash establishments are allowed as a principal use in the
B-1, B-2, B-3, O-1, O-2, M-1 and M-2 Districts if the establishment
meets all other criteria.
(b)
Car wash establishments are prohibited in all Agriculture, Residential,
B-5 and M-3 Zoning Districts.
(c)
A property containing a car wash establishment shall not be
located closer than 100 feet from the border of lands designated as
residential in the City's Comprehensive Plan.
(d)
A property containing a car wash establishment shall not be
located closer than 100 feet from the border of a residentially zoned
or residentially used property due to the intensity of the use of
such facilities and the impact which they are likely to have with
regard to noise, light pollution and traffic in surrounding neighborhoods
and streets. The distance shall be calculated as the shortest measurable
distance between the property lines of the property in which the car
wash facility is desired to the edge of the residential zoning district,
in a straight line without regard to intervening structures. Right-of-way
is not included and shall be subtracted from this measurement. A GIS
map will be created by the City for any such requests.
(e)
Applicants shall be required to provide supplemental information as required by the City in order to review the car wash establishment for compliance with the City's performance standards in Zoning Code § 275-60 and adequate public facilities, § 275-58. Refer to Zoning Code § 275-20 developer deposit fee whereby the City can utilize the applicant's developer deposit to hire outside consulting agencies to assist with the City's evaluation of the proposal.
D.
Office uses.
(1)
Financial institutions. A drive-through facility shall not be approved as a part of a financial institution unless the drive-through facility is allowed in the subject zoning district and the drive-through facility meets all of the additional use regulations specified in § 275-41H(1) of this chapter.
E.
Manufacturing/industrial uses.
(1)
Light industrial uses. Light industrial uses may be allowed as an
accessory use in the O-2 District when they are in the same building
or on the same lot as the corporate headquarters or manufacturing
office of a business.
(2)
Warehouses. Warehouses may be allowed as an accessory use in the
O-2 District when they are in the same building or on the same lot
as the corporate headquarters or manufacturing office of a business.
F.
Quarry uses. All uses are conditional, and no use in a Q-1 District
shall be allowed until the following provisions have been met:
(1)
Operational plan required. Each applicant for a conditional use in
the Q-1 District shall submit an operational plan for the use. The
operational plan shall specify:
(a)
A timetable for operation of the quarry, including the date
on which the quarrying, extractive, or other operation will begin
and the planned date of the completion of the operation;
(b)
A phasing plan showing the location and timing on all proposed
phases;
(c)
Hours of operation and days of operation for the quarrying,
extractive, or other operation;
(d)
The means by which noise, dust, and other potential nuisances
will be controlled;
(e)
The means by which the applicant will control stormwater runoff
and erosion to protect watersheds and groundwater aquifers;
(f)
The location, height, and type of all proposed fences;
(g)
All machinery and equipment to be used and/or stored during
the quarrying, extractive, or other operation, and the location thereof;
(h)
A transportation plan identifying the mode of transportation
to be used, the size and types of vehicles to be used, the number
and frequency of trips to and from the site, and the routes to be
used by trucks or locomotives;
(i)
The location and type of landscaping to be used to screen the
quarrying, extractive, or other operation from adjacent land uses
and public rights-of-way; and
(j)
Other information required by the Plan Commission.
(2)
Restoration requirements. In order to ensure that the area of quarrying,
extractive, or related operation shall be restored to a condition
of practical usefulness and reasonable physical attractiveness, the
owner or operator shall submit to the City Plan Commission a plan
for such restoration in the form of the following. Existing quarry
operations shall submit a restoration plan within two years following
the adoption of this chapter.
(a)
An agreement with the City whereby the applicant contracts to
restore the premises to a condition and within a time satisfactory
to the City.
(b)
A physical restoration plan showing existing topography (at
a contour interval specified by the Plan Commission) and the proposed
contours after restoration, plantings and other special features of
restoration, and the method by which such restoration is to be accomplished.
Every two years following the initial conditional use permit issuance
or adoption of this chapter, whichever is applicable, the applicant
or his successor shall submit an update to the restoration plan showing
restoration progress and existing topography of the quarry site.
(c)
A bond, written by a licensed surety company, a certified check,
or other financial guaranty satisfactory to the City in an amount
sufficient, in the opinion of the Director of Community Development,
to secure the performance of the restoration agreement.
(d)
Such agreement and financial guaranty shall be in a form approved
by the City Attorney.
[1]
If the applicant fails to fulfill the agreement, such bond,
check or other financial guaranty shall be deemed forfeited for the
purpose of enabling the City to perform the restoration.
[2]
Restoration shall proceed as soon as practicable and at the
order and direction of the Director of Community Development. However,
the owner or operator may, at his option, submit a plan for progressive
restoration as the quarrying operation is being carried on. The required
bond in such case may cover progressive stages of the restoration
for periods of not less than two years.
[3]
At any stage during the restoration, the plan may be modified
by mutual agreement between the City and the owner or operator.
[4]
The restoration plan shall specify what fill material will be
used, the method and extent of compaction, and the depth of topsoil
upon completion of the quarry, extractive, or related operation. In
all cases, fill shall consist of clean earth, and no more than 25%
by volume per truckload of building stone or concrete, and no more
than 5% by volume per truckload of incidental asphalt. Where there
is backfilling, the method of backfilling shall not be such as to
create a health hazard nor which would be objectionable because of
odor, combustibility, or unsightliness. In any case, the finished
condition of the restored area, except for rock faces, outcroppings,
water bodies, or areas of proposed building or paving construction,
shall be of sufficient depth of earth to support plant growth.
[5]
Within one year after the cessation of the operation or any
phase of the operation, all temporary structures (except fences),
equipment, stockpiles, rubble heaps or other debris shall be removed
or backfilled into the excavation so as to leave the premises in a
neat and orderly condition.
[6]
In any restoration procedure which takes place in sand or gravel
pits or on other sites where the material is of a loose or friable
nature, no slope shall be left which is steeper than a ratio of 1 1/2
horizontal to one vertical. In no case shall any slope exceed the
normal angle of slippage of the material involved.
[7]
Upon completion of quarry operations, the quarry operator shall
be required to submit a restoration report prepared by a registered
professional engineer certifying that the restoration plan has been
fully complied with.
(e)
Restoration shall proceed as soon as practical and at the order and direction of the Director. However, the owner or operator may, at his option, submit a plan for progressive restoration as the quarrying operation is being carried on. The required bond in such case may cover progressive stages of the restoration for periods of not less than two years. Aerial photographs of the quarry site shall also be provided at least every other year, and topographical data, to a detail required by the Plan Commission, shall be required at least every two years. The quarry operator shall be required to submit restoration progress reports and a final restoration report prepared by a registered professional engineer certifying that the restoration plan discussed in § 275-41F(2) has been fully complied with.
(3)
Nonconforming quarrying uses. Any nonconforming quarrying use shall, on or before one year from the adoption and publication of this chapter, apply to the Plan Commission for a use and occupancy permit. The Plan Commission shall require a plan of operation, final restoration plan, intermediate restoration plans, as deemed necessary, and may impose such restrictions upon the use of such site, and the height and bulk of any structure, as may be reasonable and not unduly burdensome or onerous under the particular circumstances, provided that such restrictions shall not be more restrictive than the requirements established for the district in which such structure or use is located. In addition, a nonconforming use shall be subject to the requirements of § 275-36B(1), Table 275-36-1, this Subsection F(3) and Subsection F(2).
G.
Institutional/public/semipublic uses.
(1)
Community living arrangements.
(a)
Community living arrangements as provided for in § 62.23(7)(i),
Wis. Stats., shall be a principal use in all residential districts
and in the Institutional District.
(b)
Community living arrangements that exceed the limit of those defined in § 62.23(7)(i), Wis. Stats., may be approved as a conditional use per § 275-27.
(c)
Community living arrangements shall meet all applicable state
statutes regarding such uses.
(2)
Educational facilities.
(a)
An educational facility may be allowed as a conditional use
in any residential district if the design, intensity and layout of
the development are compatible with surrounding land uses.
(b)
Colleges, universities, technical schools and other similar
graduate schools are prohibited in all residential districts.
(4)
Landfills. No conditional use in an L-1 District shall be allowed
until the following provisions have been met:
(a)
Operational plan required. Each applicant for a conditional
use in the L-1 Landfill District shall submit an operation plan for
the use. The operational plan shall specify:
[1]
A timetable for operation of the landfill, including the date
on which the landfill operation will begin and the planned date of
the completion of the operation;
[2]
A phasing plan showing the location and timing on all proposed
phases;
[3]
Hours of operation and days of operation for the landfill operation;
[4]
The types of material or refuse to be disposed of;
[5]
The means by which noise, dust, debris, and other potential
nuisances will be controlled;
[6]
The means by which the applicant will collect and dispose of
leachate to protect watersheds and groundwater aquifers;
[7]
The means by which the applicant will control stormwater runoff
and erosion to protect watersheds and groundwater aquifers;
[8]
The location, height, and type of all proposed fences;
[9]
All machinery and equipment to be used and/or stored during
the landfill operation;
[10]
A transportation plan identifying the mode of
transportation to be used, the size and types of vehicles to be used,
the number and frequency of trips to and from the site, and the routes
to be used by trucks or locomotives;
[11]
The location and type of landscaping to be used
to screen the landfill operation from adjacent land uses and public
rights-of-way; and
[12]
Other information required by the Plan Commission.
(b)
Restoration and reuse plan required. A restoration and reuse
plan, provided by the applicant, shall contain existing topography
(at a contour interval specified by the Plan Commission) and proposed
contours after filling or restoration; depth of the restored topsoil;
and planting or restoration and restoration commencement and completion
dates. Updates of the restoration plan shall be filed annually to
show restoration progress. The applicant and/or owner of the sanitary
landfill site shall furnish 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 City, and the form and type
of such sureties shall be approved by the Common Council.
H.
Miscellaneous uses.
(1)
Drive-through facilities.
(a)
Drive-through facilities may be allowed as an accessory use
to drive-through restaurants, pharmacies, financial institutions,
and other uses as allowed by the Plan Commission.
(b)
All drive-through facilities shall comply with the yard requirements
of the zoning district where the use is allowed.
(c)
Protective canopies shall not be closer than 25 feet to the
base setback line.
I.
Aboveground/underground storage tanks:
[Amended 6-11-2019 by Ord. No. 2620]
(1)
Are considered permitted uses in all nonresidential districts.
(2)
Aboveground installation requires an administrative permit.
(3)
Shall follow the accessory use requirements of the district in which
the tank is located for the appropriate setback requirements.
(4)
The applicant shall meet all Fire Department requirements.
[Amended 9-23-2014 by Ord. No. 2529; 1-12-2016 by Ord. No. 2558; 10-9-2018 by Ord. No. 2607; 6-11-2019 by Ord. No. 2620; 10-13-2020 by Ord. No. 2642; 8-24-2021 by Ord. No. 2652; 4-25-2023 by Ord. No. 2668]
A.
General provisions.
(1)
Properties with a minimum of five acres in size that have demonstrated agricultural or silviculture uses as determined by the Director shall be exempt from § 275-42B. "Agricultural uses" shall be defined as land that is primarily used for agricultural activity, including but not limited to the growing of qualified crops, planting in rows, fertilizing and tilling the land, and any other efforts to enhance growth of the yield. Physical evidence of agricultural activity can include furrows, crops, fencing and livestock. Minimal maintenance of the land and naturally growing crops will not be considered agricultural activity.
(2)
Accessory uses that are for a demonstrated agricultural use shall
only be used for storage and demonstrated agricultural purposes, and
not for home occupations, commercial storage, or business operations.
All setbacks shall be met for the zoning district and shall be located
in the rear or side yards in all residential districts.
(3)
The Plan Commission shall regulate the architecture of agricultural accessory uses under § 275-59D(1) of this chapter.
(4)
Accessory uses are allowed in any district as may be specified in
the appropriate district regulations or in this section.
(5)
All accessory buildings shall require the issuance of a building
permit.
(6)
Accessory uses are allowed only after the principal structure is
present or under construction. The Director of Community Development
may administratively approve an accessory structure prior to the principal
structure being built, as long as the construction of the principal
structure has begun within one year of starting work on the accessory
structure. The City has the ability to enforce fines and/or citations.
(7)
The use and/or location requirements stipulated elsewhere in this
chapter may be modified subject to Plan Commission approval.
(8)
Detached accessory buildings and structures that are part of a planned
development are subject to Plan Commission review.
(9)
Skateboard ramps are prohibited in the City of New Berlin within
residentially zoned districts.
(10)
All accessory buildings and structures shall be located outside
of public easement areas unless Plan Commission approval is granted.
B.
Maximum number and size of accessory structures. The maximum allowable
square footage of accessory structures and the maximum number of accessory
buildings shall be regulated as outlined in Table 275-42-1. Square
footage shall be based on the first-floor footprint, excluding overhangs
up to 24 inches. Overhangs exceeding 24 inches shall be counted towards
the square footage. Tool sheds with a maximum square footage of 144
square feet are allowed in addition to the "maximum combined allowable
square footage" as listed in Table 275-42-1; however, the parcel may
not exceed the "maximum number of accessory buildings" listed in Table
275-42-1, including the tool shed.
|
Table 275-42-1
| ||
|---|---|---|
|
Lot Area
(acres)
|
Maximum Combined Allowable Square Footage
|
Maximum Number of Accessory Buildings
|
|
Less than 2
|
840
|
2
|
|
2.0 - 2.5
|
1,000
|
2
|
|
2.5 - 3.0
|
1,250
|
3
|
|
3.0 - 3.5
|
1,500
|
3
|
|
3.5 - 4.0
|
1,750
|
3
|
|
4.0 - 4.5
|
2,000
|
3
|
|
4.5 - 5.0
|
2,250
|
3
|
|
5.0 and greater
|
2,500*
|
3*
|
|
NOTES:
| |
|
*
|
Unless demonstrated agricultural use as determined by the Director.
|
C.
Pad/foundation requirements. Accessory buildings and tool sheds 144
square feet or less in area shall be placed on a pad of concrete,
asphalt, patio block, polycarbonate or pressure-treated lumber. Accessory
buildings greater than 144 square feet in area shall be constructed
on a foundation or concrete slab.
D.
Building materials. Accessory buildings may be made from either masonry
or wood frame materials, subject to the following:
(1)
All accessory buildings shall be at least 10 feet from a principal
residence, or in the case of proper fire separation, the Building
Inspector may allow accessory buildings to be placed five feet from
a principal residence. The Building Inspector shall consider the health,
safety, general welfare, and aesthetics of the proposed construction
before granting such a waiver.
E.
Dimensional requirements.
(1)
Size and height.
(a)
General farm buildings.
[1]
General farm buildings, including barns, silos, sheds, and storage
bins intended for allowed agricultural uses, shall be sized to meet
demonstrated agricultural needs.
[2]
No farm buildings or parts of farm buildings shall exceed 60
feet in height.
[3]
Accessory buildings exceeding 35 feet in height shall provide
one additional foot of required front, side, and rear yard for each
one foot over 35 feet in height.
(b)
Single-family residential accessory uses. An accessory building height may only be one story and shall not exceed 15 feet in height. A half story may be permitted, pursuant to § 275-70. Living quarters are not permitted within accessory buildings. DCD may grant a waiver for accessory buildings with a height up to 18 feet in order to match the exterior of the principal structure or for a larger footprint accessory building. See § 275-45 for height measurement requirements.
(c)
Nonsingle-family residential accessory uses. DCD staff shall
determine if Architecture Review Committee review and approval is
required.
[1]
Accessory buildings located within nonsingle-family residential
zoning districts with a maximum size of 2,500 square feet shall require
the issuance of an administrative permit by DCD staff.
[2]
Accessory buildings in nonsingle-family residential zoning districts
that exceed 2,500 square feet shall require Plan Commission review
and approval.
(2)
Setbacks.
(a)
All accessory uses, except where otherwise specified, shall
be set back a minimum of five feet from all property lines.
(b)
The five-foot accessory setback shall be regulated as follows:
(c)
The Plan Commission/Community Development Authority shall have
the ability to modify setbacks for all accessory buildings in any
nonsingle-family residential district.
(d)
All accessory buildings and structures shall be located a minimum
of 10 feet from the principal building, or in the case of proper fire
separation, the Building Inspector may allow accessory buildings to
be placed five feet from a principal residence. The Building Inspector
shall consider the health, safety, general welfare, and aesthetics
of the proposed construction before granting such a waiver.
(3)
Lot coverage.
(a)
Accessory uses shall not occupy more than 20% of the rear yard
in any residential district.
(b)
Accessory uses shall not occupy more than 50% of the rear yard
area in any office or industrial district.
(c)
Where accessory uses are allowed in the side or front yards,
the accessory structures or uses shall not occupy more than 15% of
the yard area.
F.
Allowed accessory uses.
(1)
Accessory uses not requiring a building permit.
(a)
The following uses may be allowed in the front yard:
|
Minimum Setbacks
(feet)
| |||
|---|---|---|---|
|
Use
|
Front
|
Side
|
Rear
|
|
Basketball hoops
|
5
|
5
|
5
|
|
Bird baths
|
5
|
5
|
5
|
|
Flagpoles
|
5
|
5
|
5
|
|
Fountains
|
5
|
5
|
5
|
|
Gardens
|
5
|
5
|
5
|
|
Greenhouses (temporary)
|
5
|
5
|
5
|
|
Lawn sculptures
|
5
|
5
|
5
|
|
Pergolas (freestanding)
|
5
|
5
|
5
|
|
Pools (temporary or seasonal)
|
5
|
5
|
5
|
|
Religious statues
|
5
|
5
|
5
|
|
Seasonal gazebos
|
5
|
5
|
5
|
|
Wishing wells
|
5
|
5
|
5
|
(b)
The following uses may be allowed in the side yard:
|
Minimum Setbacks
(feet)
| |||
|---|---|---|---|
|
Use
|
Front
|
Side
|
Rear
|
|
Basketball hoops
|
5
|
5
|
5
|
|
Bird baths
|
5
|
5
|
5
|
|
Flagpoles
|
5
|
5
|
5
|
|
Fountains
|
5
|
5
|
5
|
|
Gardens
|
5
|
5
|
5
|
|
Greenhouses (temporary)
|
5
|
5
|
5
|
|
Lawn sculptures
|
5
|
5
|
5
|
|
Pergolas (freestanding)
|
5
|
5
|
5
|
|
Pools (temporary or seasonal)
|
5
|
5
|
5
|
|
Religious statues
|
5
|
5
|
5
|
|
Seasonal gazebos
|
5
|
5
|
5
|
|
Wishing wells
|
5
|
5
|
5
|
(c)
The following uses may be allowed in the rear yard:
|
Minimum Setbacks
(feet)
| |||
|---|---|---|---|
|
Use
|
Front
|
Side
|
Rear
|
|
Basketball hoops
|
5
|
5
|
5
|
|
Bird baths
|
5
|
5
|
5
|
|
Compost piles (maximum height 6 feet)
|
5
|
5
|
5
|
|
Firewood piles, neatly stacked (maximum height 6 feet - no height
restriction if stacked against a permitted structure)
|
5
|
5
|
5
|
|
Flagpoles
|
5
|
5
|
5
|
|
Fountains
|
5
|
5
|
5
|
|
Gardens
|
5
|
5
|
5
|
|
Greenhouses (temporary)
|
5
|
5
|
5
|
|
Lawn sculptures
|
5
|
5
|
5
|
|
Patios (uncovered)
|
5
|
5
|
5
|
|
Pergolas (freestanding)
|
5
|
5
|
5
|
|
Pools (temporary or seasonal)
|
5
|
5
|
5
|
|
Religious statues
|
5
|
5
|
5
|
|
Seasonal gazebos
|
5
|
5
|
5
|
|
Sport courts
|
5
|
5
|
5
|
|
Swing sets and gym sets
|
5
|
5
|
5
|
|
Tennis courts
|
5
|
5
|
5
|
|
Volleyball courts (permanent)
|
5
|
5
|
5
|
|
Wishing wells
|
5
|
5
|
5
|
(2)
Accessory uses requiring a building permit.
(a)
The following uses may be allowed in the front yard:
|
Minimum Setbacks
(feet)
| |||
|---|---|---|---|
|
Use
|
Front
|
Side
|
Rear
|
|
Accessory buildings greater than 144 square feet (includes garages,
pole barns)
|
District setbacks
|
District setbacks
|
District setbacks
|
|
Balconies
|
District Setbacks
|
District setbacks
|
District setbacks
|
|
Central air-conditioning units and generators
|
District Setbacks
|
District setbacks
|
District setbacks
|
|
Covered patios or decks (attached)
|
District setbacks
|
District setbacks
|
District setbacks
|
|
Decks (4 feet in height or greater)
|
See § 275-46D(3)
|
District setbacks
|
District setbacks
|
|
Decks (less than 4 feet in height)
|
See § 275-46D(3)
|
District setbacks
|
5
|
(b)
The following uses may be allowed in the side yard:
|
Minimum Setbacks
(feet)
| |||
|---|---|---|---|
|
Use
|
Front
|
Side
|
Rear
|
|
Accessory buildings greater than 144 square feet (includes garages,
pole barns)
|
District setbacks
|
District setbacks
|
District setbacks
|
|
Accessory buildings 144 square feet or less (includes tool sheds)
|
—
|
District setbacks
|
5
|
|
Balconies
|
District Setbacks
|
District setbacks
|
District setbacks
|
|
Carports (attached), only if supplemental to a garage
|
—
|
District setbacks
|
District setbacks
|
|
Central air-conditioning units and generators
|
District setbacks
|
District setbacks
|
District setbacks
|
|
Covered patios or decks (attached)
|
District setbacks
|
District setbacks
|
District setbacks
|
|
Decks (4 feet in height or greater)
|
See § 275-46D(3)
|
District setbacks
|
District setbacks
|
|
Decks (less than 4 feet in height)
|
See § 275-46D(3)
|
District setbacks
|
5
|
|
Gazebos/open-air structures
|
—
|
District setbacks
|
District setbacks
|
|
Hot tubs
|
—
|
District setbacks
|
5
|
|
Playhouse exceeding 144 square feet and greater than 7 feet
in height
|
—
|
District setbacks
|
5
|
|
Pool houses
|
—
|
District setbacks
|
District setbacks
|
(c)
The following uses may be allowed in the rear yard:
|
Minimum Setbacks
(feet)
| |||
|---|---|---|---|
|
Use
|
Front
|
Side
|
Rear
|
|
Accessory buildings greater than 144 square feet (includes garages,
pole barns)
|
District setbacks
|
District setbacks
|
District setbacks
|
|
Accessory buildings 144 square feet or less (includes tool sheds)
|
—
|
5
|
5
|
|
Balconies
|
District Setbacks
|
District setbacks
|
District setbacks
|
|
Carports (attached), only if supplemental to a garage
|
—
|
District setbacks
|
District setbacks
|
|
Central air-conditioning units and generators
|
District setbacks
|
District setbacks
|
District setbacks
|
|
Covered patios or decks (attached)
|
District setbacks
|
District setbacks
|
District setbacks
|
|
Decks (4 feet in height or greater)
|
See § 275-46D(3)
|
District Setbacks
|
District setbacks
|
|
Decks (less than 4 feet in height)
|
See § 275-46D(3)
|
District setbacks
|
5
|
|
Gazebos/open-air structures
|
—
|
District Setbacks
|
District setbacks
|
|
Hot tubs
|
—
|
District setbacks
|
5
|
|
Playhouse exceeding 144 square feet and greater than 7 feet
in height
|
—
|
District setbacks
|
5
|
|
Pool houses
|
—
|
District setbacks
|
District setbacks
|
|
Pools (above ground or in ground)
|
—
|
5
|
5
|
(3)
Temporary outdoor storage. Temporary outdoor storage may be allowed
as an accessory use in all zoning districts, subject to the following
provisions:
(a)
Temporary outdoor storage units (example: shipping containers/crates)
shall abide by the restrictions below:
[1]
An administrative permit application shall be submitted and
a zoning permit issued prior to the temporary outdoor storage unit
being placed on the property, if it will be stored on the property
for more than 30 days.
[2]
Only one temporary outdoor storage unit will be allowed per
tax key. The Department of Community Development will review requests
for any additional temporary outdoor storage units.
[3]
Temporary outdoor storage units shall not exceed eight feet
in height, 10 feet in width and 20 feet in length.
[4]
No flammable or explosive materials may be stored in the temporary
outdoor storage unit.
[5]
No temporary outdoor storage unit will be used to store materials
related to an off-premises business or a home occupation.
(b)
Location:
[1]
Temporary storage units shall be placed on a hard, all-weather
surface, driveway or turnaround area. (This does not include areas
of dirt or grass.)
[2]
Temporary outdoor storage areas shall be set back a minimum
of 10 feet from the base setback line and a minimum of five feet from
the side and rear lot lines.
[3]
Temporary outdoor storage units will not be allowed to be stored
on public access areas, easements or within the City of New Berlin
right-of-way.
(c)
Duration:
[1]
Temporary outdoor storage units shall not be stored on a property
longer than 30 days unless the property owner submits an administrative
permit application requesting a longer duration of time. The total
storage of the temporary outdoor storage unit with an application
and permit shall not exceed 60 days unless as specified in the next
condition.
[2]
Property owners that have applied for and received a valid building
permit shall be allowed to store temporary outdoor storage units on
the property no longer than 180 days or until final occupancy is issued,
whichever comes first.
[3]
If the project has a valid building permit, the property owner
shall not be required to apply for an administrative permit.
[4]
If the temporary outdoor storage unit is scheduled to remain
on the property over 180 days, then the property owner shall apply
for an administrative permit.
[5]
Once the project or property owner receives final occupancy
and/or the building permits have been closed out and final inspected,
the property owner must remove the temporary outdoor storage unit
within 30 days.
[6]
Temporary outdoor storage units and small homes are prohibited
as a permanent use.
(4)
Refuse containers. Refuse containers may be allowed as an accessory use in all zoning districts, subject to the following provisions. City-issued trash and recycling bins intended for weekly pickup and dumpsters used by commercial, industrial or multifamily developments for the primary use of everyday garbage disposal or recycling are exempt from this section and shall refer to Chapter 220 of the Municipal Code.
(a)
Refuse containers (example: dumpsters/Bagster bags) shall abide
by the restrictions below:
[1]
Only one refuse container will be allowed per tax key. The Department
of Community Development will review requests for any additional refuse
containers.
[2]
Refuse containers shall not exceed eight feet in height, 10
feet in width and 24 feet in length.
[3]
No flammable or explosive materials may be stored in a refuse
container.
[4]
No refuse container will be used to store materials related
to an off-premises business or a home occupation.
(b)
Location:
(c)
Duration:
[1]
Refuse containers shall not be stored on a property longer than
15 days, unless the property owner submits an administrative permit
application requesting a longer duration of time. The total storage
of a refuse container with an application and permit shall not exceed
75 days.
[2]
Property owners that have applied for and received a valid building
permit for an addition, remodel or alteration shall be allowed to
store a refuse container on the property no longer than 180 days.
[3]
Permits for new construction shall be allowed to store a refuse
container until final occupancy. To prevent construction debris from
leaving the site, refuse containers must be changed regularly.
G.
Regulations
for specific types of accessory uses and structures.
(1)
Accessory
dwellings.
(a)
Residential quarters may be allowed in the B-2, B-3 and B-5
Districts, provided that the following regulations are met:
[1]
The accessory dwelling is located in the same building as the
business;
[2]
The accessory dwelling shall meet all minimum floor area requirements
of the Rm-1 Zoning District;
[3]
Adequate off-street parking for the occupant and visitors is
provided as well as access to and from a public roadway; and
[4]
A sufficient amount of yard space is provided for ordinary outdoor
activities.
(b)
Residential quarters for the caretaker or clergy may be provided
in the I-1 District.
(c)
Family dwelling unit. An accessory family dwelling unit, commonly
called an "in-law suite," may be permitted in the agricultural and
single-family residential zoning districts, provided:
[1]
The family dwelling unit is attached and architecturally integrated
with the principal dwelling unit. Detached accessory dwelling units
are prohibited.
[3]
The family dwelling unit may be built simultaneously with a
new residence or after an existing residence has been constructed.
[4]
The owner is required to reside on the property. The owner may
live in either the principal unit or the family dwelling unit.
[5]
The occupants of the principal unit and family dwelling unit
shall be related by blood, adoption, marriage or other legally recognized
relationship which creates a common household. A deed restriction
on the family dwelling unit and property shall be recorded to limit
the occupants as defined hereunder.
[6]
No more than two people shall live in the family dwelling unit.
[7]
The maximum size of the family dwelling unit shall be no greater
than 50% of the living space of the principal unit.
[8]
The family dwelling unit may have a separate entrance, provided
the entrance is not in the front of the principal unit.
[9]
The family dwelling unit shall have a minimum of one interior
connection to the principal unit.
(2)
Antennas, amateur radio antennas (e.g., ham radio), and satellite
dishes. Terrestrial antennas, amateur radio antennas (e.g., ham radio),
and satellite dishes are allowed as accessory uses in any district,
provided that the standards set forth below are met. These standards
shall be interpreted and enforced in a manner consistent with the
Telecommunications Act of 1996 and applicable FCC regulations.
(a)
Location.
[1]
Terrestrial antennas, amateur radio antennas (e.g., ham radio),
and digital satellite receiving dishes 36 inches or less in diameter
may be located in the rear yard or on the roof of the principal structure
in all residential districts.
[2]
Earth station dish antennas may be located in the rear yard
in any residential district.
[3]
Terrestrial antennas and earth station dish antennas may be
located in the side and rear yard or on the roof of the principal
structure in nonresidential districts, including agricultural districts.
[4]
Amateur radio antennas (e.g., ham radio) may be located in the
rear or side yard.
(b)
Measurements.
[1]
All freestanding antennas shall be located not less than five
feet from a lot line. Adjustable antennas shall not be closer than
five feet to the lot line in any position.
[2]
All freestanding terrestrial antennas, roof antennas, and amateur radio antennas (e.g., ham radio) shall meet the height requirements for the district in which they are located, except as provided in § 275-45B of this chapter.
[3]
Ground-mounted earth station dish antennas shall not exceed
15 feet in height.
[4]
All antennas, including earth station dish antennas, shall be
constructed and anchored in such a manner to withstand winds of not
less than 80 miles per hour, and such installations shall be constructed
of noncombustible and corrosive-resistant materials.
(c)
Additional regulations.
[1]
All antennas, including earth station dish antennas, shall be
filtered and/or shielded so as to prevent the emission or reflection
of electromagnetic radiation that would cause any harmful interference
with the radio and/or television broadcasting or reception on adjacent
properties. In the event that harmful interference is caused subsequent
to its installation, the owner of the dish antenna shall promptly
take steps to eliminate the harmful interference in accordance with
Federal Communications Commission regulations.
[2]
Not more than one terrestrial and one earth station dish antenna
per dwelling unit shall be allowed on a lot or parcel in a residential
zoning district.
[3]
Earth station dish antennas shall be located and designed to
reduce their visual impact on surrounding properties.
[4]
No form of display or identification may be displayed on the
dish or framework other than the customary manufacturer's identification
plates.
[5]
All antennas, and the construction supports and installation
thereof, shall conform to applicable City Building Code and Electrical
Code regulations and requirements.[1] Appropriate permits shall be issued by the Building Inspector.
Prior to the issuance of a permit for a building-mounted earth station
dish antenna, the applicant shall submit a plan or document prepared
by a registered professional engineer which certifies that the proposed
dish antenna installation is structurally sound to accommodate wind
load, snow load, and dead load.
[6]
Portable or trailer-mounted antennas are not allowed, with the
exception of temporary installation for on-site testing and demonstration
purposes for a period not to exceed two days at any one location.
[7]
In the event the property owner of a parcel of land located in a residential district determines and documents that the placement of an antenna in a rear yard would prevent its use for its intended purpose, the property owner may apply to the Plan Commission for a variance to allow the installation of the antenna in a side yard location. The procedure for issuing the Plan Commission variance shall follow the procedure set forth in § 275-30B of this chapter. If the owner determines and documents that a side yard location is not functional, then the Plan Commission may allow a roof-mounted earth station dish antenna.
(3)
Fences.
Fences are allowed as accessory uses in all districts and are further
regulated as follows
(a)
Height. Fence height shall be measured from the average grade
of the ground beneath the fence.
[1]
Residential.
[a]
Front yard. No fence in the front yard shall be
located closer to the street than the base setback line and shall
not exceed 50 inches in height. No fence in the vision clearance triangle
shall exceed three feet in height above mean street grade. On corner
lots, the side facing the side street (or second street) shall also
be considered a front yard.
[b]
Side and rear yards. Fences located in the side
or rear yards shall not exceed 74 inches in height. On double frontage
lots, the side facing the rear street shall be considered a rear yard.
[2]
Nonresidential. Fences shall not exceed 98 inches in height.
 |
(b)
Location.
[1]
Fences made of maintenance-free materials may be located on
the lot line. Such materials include, but are not limited to, metal
fences (chain-link, wrought-iron, aluminum), PVC/recycled materials,
removable fencing, pressure-treated wood and other maintenance-free
materials, as approved by the Director. Common-lot-line fencing that
has a finished side facing both properties and is maintained by both
owners with a prior agreement is allowed with a survey. Fences that
are not made of maintenance-free materials shall be located at least
two feet from the property line.
[2]
Fences shall be located outside of easement areas unless Plan
Commission approval is granted.
(c)
Construction and maintenance.
[1]
All structural and support components of a fence shall face
away from adjacent properties.
[2]
All fences shall be constructed straight and plumb. Any fence
that is to be constructed or maintained in other than a straight and
plumb condition, including but not limited to certain types of split-rail
fences, shall require Plan Commission review and approval.
[4]
All fences shall be maintained in good repair at all times.
No signs or display shall be allowed on a fence. No materials shall
be stored between the fence and the lot line.
(d)
Permits. No permit is required for fences meeting the above
criteria. A permit shall be required for:
[1]
Residential fences located in the front yard that exceed 50
inches but not more than 74 inches, provided that all other requirements
for fences are met. DCD review and approval is required.
[2]
Residential fences exceeding 74 inches in height, provided that
all other requirements for fences are met. Plan Commission review
and approval is required.
(e)
Exception.
[1]
A snow fence temporarily constructed for the purpose of catching
wind-blown snow shall not be subject to these fence requirements,
provided that it shall be installed no earlier than November 1 of
each year and shall be removed no later than April 1 each year.
[2]
Windscreens are allowed on a seasonal basis within Institutional
and Park Zoning Districts and may display content. Windscreens shall
be maintained and in good repair.
(4)
Home
occupations. Home occupations may be allowed as accessory uses in
any agricultural or residential district, provided that they comply
with the following standards:
(a)
General regulations.
[1]
Home occupations shall be allowed only after staff review and administrative approval in accordance with the procedures set forth in Article III of this chapter.
[2]
The total area devoted to a home occupation shall not exceed 20%
of the building area of the principal dwelling unit.
[3]
A home occupation shall produce no offensive noise, vibration, dust,
odors, smoke, heat, pollution, glare, or radio, electrical, or television
interference or otherwise produce a nuisance as determined by the
Plan Commission.
[4]
No materials that decompose by detonation shall be allowed in conjunction
with a home occupation.
[5]
No home occupation shall be allowed which changes the outside appearance
of the dwelling or is visible from the street.
[6]
Materials used in or produced by a home occupation may not be stored
or displayed outside the dwelling without Plan Commission approval.
[7]
No more than one nonresident employee shall be employed by a home
occupation.
[8]
Retail and wholesale sales shall be prohibited, except for the retail
or wholesale sales of products or goods produced or fabricated on
the premises as a result of the home occupation.
[9]
The applicant shall demonstrate that there is sufficient off-street
parking available to the home occupation. All vehicular parking for
both the residence and the home occupation shall be located on the
premises.
[10]
A home occupation shall be carried on wholly within the principal
dwelling. No home occupation nor any storage of goods, materials,
or products connected with a home occupation shall be allowed in any
accessory building or detached garage.
[11]
Home occupation uses shall meet all applicable Fire and Building
Code safety requirements.
[12]
No home occupation involving visits to the site of the home occupation
by customers or the loading or unloading of business-oriented material
shall be operated between the hours of 8:00 p.m. and 8:00 a.m.
(b)
Prohibited home occupations. The following uses are prohibited as
home occupations:
[1]
Animal hospitals or pet boarding;
[2]
Antique shop;
[3]
Automobile or other motor vehicle repair or paint shops;
[4]
Dance studios for more than six students;
[5]
Furniture stripping and/or refinishing;
[6]
Gift shops;
[7]
Gun or ammunition sales;
[8]
Manufacturing or assembling items for sale from components not made
on the same premises;
[9]
Mortuaries;
[10]
Music studios for more than three students;
[11]
Photographic studios;
[12]
Private clubs;
[13]
Restaurants;
[14]
Small engine repair shops;
[15]
Stables or kennels;
[16]
Tourist homes or boardinghouses; and
[17]
Any other home occupations not meeting the criteria established by
this chapter.
(5)
Small
wind energy systems.
(a)
Authority. This subsection is adopted pursuant to authority granted
pursuant to Wisconsin Statutes, §§ 62.23(7) and 66.0401.
(b)
Purpose. The purpose and intent of this subsection is to oversee
the permitting of small wind energy systems and to preserve and protect
public health, safety and welfare without significantly increasing
the cost or decreasing the efficiency of a small wind energy system.
(d)
General regulations. A small wind energy system shall comply with
the use regulations of the applicable zoning district and with the
following requirements:
[1]
A wind tower for a small wind energy system shall be set back a distance
equal its total height from:
[a]
Any public right-of-way, unless written permission is granted
by the governmental entity with jurisdiction over said road right-of-way.
[b]
Any overhead utility line, unless written permission is granted
by the affected utility.
[c]
Any property line abutting the property that is not residentially
zoned, unless written permission is granted by the owner of the abutting
property.
[2]
Access. All ground-mounted electrical and control equipment shall
be labeled or secured to prevent unauthorized access. The tower shall
be designated and installed so as to not provide step bolts or a ladder
readily accessible to the public for a minimum height of 12 feet above
the ground.
[3]
The tower shall be designed and installed so that the distance between
the bottom of the blade at its lowest point of rotation shall not
be less than 20 feet above the ground.
[4]
Electrical wires. All electrical wires associated with the small
wind energy system, other than wires necessary to connect the wind
generator to the tower wiring, the tower wiring to the disconnect
junction box, and the grounding wires, shall be located underground.
[5]
Lighting. The wind tower and generator shall not be artificially
lighted unless such lighting is required by the Federal Aviation Administration.
The wind generator and tower shall remain painted or finished the
color or finish that was originally applied by the manufacturer and
was approved by the Director of Community Development.
[6]
Signs. All signs other than the manufacturer's or installer's identification,
appropriate warning signs or owner identification on a wind generator
tower building, or other structure associated with the small wind
energy system visible from any public road, shall be prohibited.
[7]
The small wind energy systems, including the tower and associated
structure, shall comply with all applicable state building codes,
construction and electrical codes and the national electrical codes.
[8]
Utility notification and interconnection. Small wind energy systems
that connect to the electrical utility shall comply with the Public
Service Commission of Wisconsin Rules for Interconnecting Distributed
Generation Facilities.
[9]
Noise. Audible noise due to wind energy system operations shall not
exceed 50 dBA for any period of time when measured at the exterior
of any residence, school, hospital, church or public library and the
property line of the adjacent neighbors existing on the date of the
approved clean energy system permit. In the event audible noise due
to wind energy system operations contains a steady pure tone such
as a whine, screech or hum not produced under normal operating conditions,
it is prohibited. In the event the ambient noise level exceeds the
applicable standards given above, the applicable standard shall be
adjusted so as to equal the ambient noise level.
(e)
Small wind energy system permit.
[1]
An applicant for a small wind energy system permit shall provide
the following:
[a]
A survey map showing property lines and physical dimensions,
including the location, dimensions and types of existing structures
on the property, location of the proposed small wind energy system
tower, right-of-way of any public road that is contiguous with the
property, and the overhead utility lines.
[b]
Wind energy system specifications include the manufacturer and
model, rotor diameter, tower height, tower type and kilowatt specifications.
[c]
Information regarding noise anticipated to be attributed to
the wind energy system.
[2]
The small wind energy system permit shall expire if the small wind
energy system is not installed and functioning within 12 months from
the date the permit is issued.
(f)
Abandonment. The small wind energy system is deemed to be abandoned
if it is out of service for a continuous twelve-month period. If the
City provides a notice of abandonment, the small wind energy system
must be removed at the owner's expense within 90 days of the notice
of abandonment. If the owner fails to remove the wind energy system,
the City may pursue a legal action to have the wind energy system
removed at the owner's expense, including the applicable legal fees.
The owner shall have the right to respond to the notice of abandonment
within 30 days of receipt of the notice. The City shall withdraw the
notice of abandonment if the owner provides information that demonstrates
the small wind energy system has not been abandoned.
(g)
The Director of Community Development shall issue the small wind
energy system permit, provided that it complies with the limitations
and conditions as set forth herein, as well as applicable provisions
of the Wisconsin Administrative Code and Wisconsin statutes. In the
event that the application is rejected, the Director of Community
Development shall notify the applicant in writing and provide a written
statement of the reasons why the application was rejected. The applicant
may appeal the decision of the Director of Community Development to
the Plan Commission.
(6)
Solar
energy conversion systems.
(a)
Solar energy conversion systems (including solar collectors attached
to the principal structure and solar collectors erected as an accessory
structure) may be allowed as an accessory use in all zoning districts.
(b)
Solar energy conversion systems shall be subject to the following
provisions:
[1]
Application. Applications for the erection of a solar energy conversion system shall conform to the application and approval procedure for a building permit set forth in § 275-25 of this chapter and the Electrical Code. In addition, the application shall include a copy of any solar easements obtained from adjacent property owners.
[a]
A building permit application submittal for a solar energy conversation
system shall require a complete set of plans, including a site plan
and any structure details drawn to scale. This plan set will be reviewed
to ensure that a solar panel does not negatively impact the public
health, safety and welfare.
[2]
Construction. Solar energy conversion systems shall be constructed
and installed in conformance with all applicable state and local building
and zoning codes.
[3]
Location and height. Solar energy conversion systems shall meet all
setback and yard requirements for the district in which they are located.
Solar energy conversion systems shall conform to all height requirements
of this chapter.
(7)
Geothermal
systems. Geothermal systems may be allowed as an accessory use in
all zoning districts, subject to applicable building codes.
(8)
District
heating/cooling. District heating and/or cooling is allowed as an
accessory use in all zoning districts, subject to applicable building
codes.
(9)
Donation
boxes. Donation boxes shall be monitored on at least a biweekly basis,
or within five business days of a request by the Code Compliance Specialist,
so that the contents are collected and that graffiti which becomes
a blight is precluded. There shall be no accumulation of any items
outside of the donation box. Donation boxes are required to be cleaned
or repainted to remove graffiti that would otherwise result in a blight
to the area. The owner's contact information shall be displayed clearly
on the box. The donation box shall not obstruct traffic, sidewalks,
fire lanes, or impact the required the required number of parking
spaces.
[Amended 10-9-2018 by Ord. No. 2607; 10-13-2020 by Ord. No. 2642]
A.
Application process. As applicable, temporary uses, structures and special events shall obtain a permit. Applications and necessary materials shall be submitted to staff and may be subject to application fees and developer deposit fees. The temporary use, structure or special event shall be reviewed in accordance with the provisions of this section and other applicable sections of this chapter and § 152-23, Special event permit.
B.
Temporary uses, structures, and special events requiring a permit
may include, but are not limited to, festivals, food truck festivals,
art/craft fairs, outdoor markets, plant/flower sales, circuses, concerts,
wine/food tastings, beer gardens, races, outdoor seating/dining, pop
up live music, car shows, fundraisers/outings (e.g., golf outings/company
picnics), game day/nights (bingo/trivia), outdoor movie theater, and/or
other similar events unless approved as part of an existing plan of
operation or an approved calendar of events.
C.
Time limits. Temporary use, structure and special event permits shall
be valid for a specified period of time. A permit shall lapse if not
used within the dates approved.
D.
Required findings. The application shall be approved as submitted
or in a modified form if the Director of the Department of Community
Development finds that:
(1)
The proposed temporary use, structure, or special event will be located,
operated, and maintained in a manner consistent with the policies
of the New Berlin Comprehensive Plan and the provisions of this chapter;
(2)
The approval of the application will not be detrimental to property
or improvements in the surrounding area or detrimental to public health,
safety or general welfare; and
(3)
The proposed temporary use, structure or special event complies with
all applicable standards of this section, unless otherwise expressly
stated.
(4)
The Mayor and/or his or her designee may approve special event permits for City-owned lands within City Center as long as the findings below are met and those found in Subsection D(1) through (3) above in this section are met:
(a)
A certificate of insurance (COI) is required to be submitted
for the event prior to the event occurring. It shall include the following:
[1]
COI limits shall name the City of New Berlin as additionally
insured.
[2]
The parties agree to indemnify and hold harmless the other from
any and all claims for injury or property damage to the extent that
such claims arise out of the negligence of their employees, representatives,
agents, contractors or officers as a result of this Agreement. Any
indemnity that the City would agree to would be subject to the following
limitations: Notwithstanding the forgoing, nothing contained within
this agreement is intended to be a waiver or estoppel of the City
of New Berlin or its insurer's ability to rely upon the limitations,
defenses and immunities contained within Wisconsin law, including,
but not limited to, those contained within §§ 893.80,
895.52 and 345.05, Wis. Stats. To the extent that indemnification
is available and enforceable, the City of New Berlin or its insurer
shall not be liable in indemnity or contribution for an amount greater
than the limits of liability for municipal claims established by Wisconsin
law. The City's obligation to indemnify hereunder is subject to the
availability and limits of applicable insurance coverage. Under no
circumstances shall the City of New Berlin be required to indemnify
the contractor for its own negligent or intentional conduct.
[3]
Each party shall provide the other with a certificate of insurance
naming each other as an additional insured. The amount of such insurance
shall be mutually agreed between the parties. Each party waives their
right of subrogation against the other. Both parties' insurance policies
shall have a noncancellation provision except upon 30 days' written
notice to the other party.
(b)
And any other conditions that may be established by the Mayor,
City Attorney, Board or Commission, and/or City staff that seeks to
protect the City.
E.
Conditions of approval. In approving a temporary use, structure,
or special event permit, the Director of the Department of Community
Development may impose reasonable conditions, including, but not limited
to, limitations on hours, illumination, storage, and parking, necessary
to:
(1)
Achieve the general purposes of this section and the specific purposes
of the zoning district in which the temporary use will be located
or be consistent with the New Berlin Comprehensive Plan;
(2)
Protect the public health, safety, and general welfare; and
(3)
Ensure the operation and maintenance of the temporary use, structure,
or special event in a manner compatible with existing uses on adjoining
properties and in the surrounding area.
F.
Temporary construction, security, or real estate sales offices.
(1)
General. The owner of a construction project may place on the construction
site a temporary office for use by construction, security, or real
estate sales personnel.
(2)
Location. The temporary office shall be located on the lot on which
construction or development is occurring and shall not be located
within 25 feet of any abutting residential use.
(3)
Sanitation. Sanitation and plumbing requirements may be waived by
the Director, provided that adequate facilities are available elsewhere
on the site.
(4)
Time limits. The office shall be removed within 15 days after final
inspection of the permanent structure or expiration of the corresponding
building permit, whichever event occurs first. In the case of residential
development projects, the office must be removed within 15 days of
the sale or lease of all dwelling units.
G.
Staff shall have the authority to review and send items to the appropriate
board, commission and/or Council for their review and approval if
there are potential effects on surrounding land uses.
