The jurisdiction of this chapter shall include
all lands and water within the corporate limits of the City and shall
also extend to those lands and waters lying within the unincorporated
area within 1 1/2 miles of the corporate limits that are approved
by a majority of the appropriate Joint Extraterritorial Zoning Commission
pursuant to § 62.23(7a), Wis. Stats.
After the effective date of this chapter, no
structure, land or water shall be used and no structure or part thereof
shall be located, erected, moved, reconstructed, extended, enlarged,
converted or structurally altered without full compliance with the
provisions of this chapter and all other applicable local, town, county
and state regulations.
The duty of the Building Inspector, with the
aid of the Police Department, shall be to investigate all complaints,
to give notice of violations, and to enforce the provisions of this
chapter. The Building Inspector and his duly appointed deputies may
enter at any reasonable time onto any public or private lands or waters
to make a zoning inspection in accordance with § 66.0119,
Wis. Stats.
A town or county which has been issuing building
permits may continue to do so, but the City Building Inspector shall
approve such permits as to zoning prior to their issuance.
A.
No land shall be used or structure erected where the
land is held unsuitable for such use or structure by the Plan Commission
and appropriate Joint Extraterritorial Zoning Commission by reason
of flooding, concentrated runoff, inadequate drainage, adverse soil
or rock formation, unfavorable topography, low percolation rate or
bearing strength, erosion susceptibility, or any other feature likely
to be harmful to the health, safety, prosperity, aesthetics, and general
welfare of the community.
B.
The City Plan Commission and appropriate Joint Extraterritorial
Zoning Commission, in applying the provisions of this section, shall,
in writing, recite the particular facts upon which they base their
conclusion that the land is not suitable for certain uses. The applicant
shall have an opportunity to present evidence contesting such unsuitability
if he so desires. Thereafter, the Plan Commission may affirm, modify
or withdraw its determination of unsuitability.
[Added by Ord. No. 845-97]
All lots shall abut upon a public street and
each lot shall have a minimum frontage of 60 feet, except in the case
of single-family zoned areas where the minimum frontage may be reduced
to 40 feet on cul-de-sac lots only.
All principal structures shall be located on
a lot, and only one principal structure shall be located, erected
or moved onto a lot.
No permit shall be issued for a lot which abuts
a public street dedicated to only a portion of its proposed width
and located on that side thereof from which the required dedication
has not been secured.
Where public wastewater service is not available,
the width and area of all lots shall be sufficient to permit the use
of an on-site sewage disposal system designed in accordance with the
Wisconsin Administrative Code.
Lots abutting more restrictive district boundaries
shall provide side and rear yards not less than those required in
the more restrictive abutting district. The street yards in the less
restrictive district shall be modified for a distance of not more
than 50 feet from the district boundary line so as to equal the average
of the street yards required in both districts.
Accessory uses and structures are permitted
in any district but not until their principal structure is present
or under construction.
Unclassified or unspecified uses may be permitted
by the Zoning Board of Appeals after the Plan Commission and appropriate
Joint Extraterritorial Zoning Commission have made a review and recommendation,
provided that such uses are similar in character to the principal
uses permitted in the district.
Temporary uses, such as real estate sales field
offices or shelters for material and equipment being used in the construction
of a permanent structure, may be permitted by the Zoning Board of
Appeals.
The yard requirements stipulated elsewhere in
this chapter may be modified as follows:
A.
Uncovered stairs, landings, and fire escapes may project
into any yard but not to exceed six feet and not closer than three
feet to any lot line.
B.
Architectural projections, such as chimneys, flues,
sills, eaves, belt courses, and ornaments, may project into any required
yard, but such projections shall not exceed two feet.
[Amended 2-10-2003 by Ord. No. 934-2003]
A.
Accessory uses and detached accessory structures/garages
are permitted in the rear yard only. They shall not be closer than
10 feet to the principal structure, shall not occupy more than 15%
of the rear yard area, and shall not be closer than three feet to
any lot line nor five feet to any alley line. In the R-AA, R-A and
R-B Single-Family Districts, R-B-1 Mixed One- and Two-Family District,
R-C Two-Family District, RM Multiple-Family District, and B-3 Neighborhood
Business District, accessory buildings/garages shall not exceed 18
feet in height. The pitch of the roof of the accessory structure shall
not exceed the pitch of the roof of the principal structure unless
approved by the Plan Commission.
[Amended 3-8-2004 by Ord. No. 951-2004]
B.
Any detached accessory structure/garage over 144 square
feet shall be serviced by a driveway constructed of concrete, asphalt
or gravel and contain at least one overhead garage door and must comply
with all other provisions of this Code.
C.
Only one detached garage is permitted per residential
lot. One utility shed of not more than 144 square feet is allowed
in addition to the detached garage.
A.
Permit issuance. After review and a public hearing,
the Plan Commission and the appropriate Joint Extraterritorial Zoning
Commission may authorize the Building Inspector to issue a permit
for conditional uses, provided that such conditional uses and structures
are in accordance with the purpose and intent of this chapter and
are found to be not hazardous, harmful, offensive, or otherwise adverse
to the environment or the value of the neighborhood or the community.
B.
Notice. A Class 2 notice shall be published for public
notice of hearing.
C.
Permit application. Application for a conditional
use permit shall be made on the forms furnished by the Building Inspector
and shall include the following where applicable:[1]
(1)
Names and addresses of the applicant, owner of the
site, architect, professional engineer, contractor, and all opposite
and abutting property owners of record.
(2)
Description of the subject site by lot, block and
recorded subdivision or by metes and bounds; address of the subject
site; type of structure; proposed operation or use of the structure
or site; number of employees; and the zoning district within which
the subject site lies.
(3)
Plat of survey prepared by a registered land surveyor
showing the location, boundaries, dimensions, elevations, floodplain
districts, uses, and size of the subject site; existing and proposed
easements, streets and other public ways; off-street parking, loading
areas and driveways; existing highway access restrictions; and existing
and proposed street, side and rear yards. In addition, the plot of
survey shall show the location, elevation, and use of any abutting
lands and their structures within 40 feet of the subject site.
(4)
Proposed sewage disposal plan if municipal sewage
service is not available. This plan shall be approved by a registered
engineer or governmental agency who or which shall certify in writing
that satisfactory, adequate, and safe sewage disposal is possible
on the site as proposed by the plan in accordance with applicable
local, town, county, and state regulations.
(5)
Proposed water supply plan if municipal water service
is not available. This plan shall be approved by a registered engineer
or governmental agency who or which shall certify in writing that
an adequate and safe supply of water will be provided.
(6)
Additional information as may be required by the Building
Inspector, Plan Commission or appropriate Joint Extraterritorial Zoning
Commission.
D.
Permit review and approval.
(1)
The Plan Commission and appropriate Joint Extraterritorial
Zoning Commission shall review the site, existing and proposed structures,
architectural plans, neighboring uses, parking areas, driveway locations,
highway access, traffic generation and circulation, drainage, sewage
and water systems, and the proposed operation.
(2)
Conditions, such as landscaping, architectural design,
type of construction, construction commencement and completion dates,
sureties, lighting, fencing, planting screens, operational control,
hours of operation, improved traffic circulation, deed restrictions,
highway access restrictions, increased yards, or parking requirements,
may be required by the Plan Commission upon its finding that these
are necessary to fulfill the purpose and intent of this chapter.
E.
Fees. All persons, firms or corporations performing
work which by this chapter requires the issuance of a conditional
use permit shall pay a fee to the City Clerk to help defray costs
of administration, advertising, etc. Permit fees do not include and
are in addition to building permit fees. Refer to fee schedule for
appropriate amounts.
