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City of Waterloo, WI
Jefferson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Waterloo 10-19-1987 by Ord. No. 87-6 as Ch. 17 of the 1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Zoning Appeals — See Ch. 19.
Building construction — See Ch. 140.
Mobile homes and mobile home parks — See Ch. 252.
Official Map — See Ch. 267.
Comprehensive Plan — See Ch. 365.
Construction site erosion control — See Ch. 372.
Floodplain zoning — See Ch. 375.
Subdivision of land — See Ch. 380.
Wellhead protection — See Ch. 383.
A. 
Authority. These regulations are adopted under the authority granted by § 62.23(7), Wis. Stats.
B. 
Short title. This chapter shall be known as, referred to or cited as the "Zoning Code, City of Waterloo, Wisconsin."
C. 
Purpose. The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics and general welfare of the City.
D. 
Intent. It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters; regulate and restrict lot coverage, population distribution and density, and the size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the City; and implement the City Comprehensive Plan or plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.
E. 
Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.
F. 
Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
For the purpose of this chapter, the following definitions shall be used:
ABUTTING
Having a common property line or district line.
ACCESSORY BUILDING
A building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises. When an accessory building is a part of the main building or is substantially attached thereto, the side yard and rear yard requirements of the main building shall be applied to the accessory building.
ALLEY
A street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.
APARTMENT
A portion of a multiple dwelling used as a separate housing unit and having cooking facilities and a private bath.
APARTMENT HOUSE
See "dwelling, multifamily."
BASEMENT
A story, as defined below, partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.
BILLBOARD
An advertising device, either freestanding or attached to a building, which is used to display information not related to the use or ownership of the establishment on the property upon which it is located.
BOARDINGHOUSE
A building other than a hotel where lodging and meals are furnished for compensation for three or more persons not members of a family.
BUILDING
Any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.
BUILDING, ALTERATION OF
See "structural alterations."
BUILDING AREA
The total living area bounded by the exterior walls of a building at the floor level, but not including basement, garage, open porch and unfinished attic.
BUILDING, HEIGHT OF
The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deckline of a mansard roof, or to the average height of the highest gable of a gambrel, hip or pitch roof.
CERTIFICATE OF OCCUPANCY
A written statement issued by the Building Inspector which permits the use of a building or lot or a portion of a building or lot and which certifies compliance with the provisions of this chapter for the specified use and occupancy.
CONDITIONAL USE
A use of a special nature so as to make impractical its predetermination as a principal use within a district.
A. 
A detached building designed for or occupied exclusively by one family.
B. 
A detached or semidetached building designed for and occupied exclusively by two families.
C. 
A building or portion thereof designed for and occupied by more than two families, including tenement houses, row houses, apartment houses and apartment hotels.
DWELLING UNIT
A separate housekeeping unit, designed and used for occupancy by a single family.
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide stable and committed living unit, being a traditional family or the functional equivalent thereof, exhibiting the generic character of a traditional family. A boardinghouse shall not be considered a family.
[Amended 5-3-2007 by Ord. No. 2007-12]
FARM
Land consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption or use.
A. 
For residential uses, the gross horizontal area of the floor of a dwelling unit, exclusive of porches, balconies, garages and basements, measured from the exterior faces of the exterior walls or from the center lines of walls or partitions separating dwelling units.
B. 
For uses other than residential, the area measured from the exterior faces of the exterior walls, or from the center line of walls or partitions separating such uses, including all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.
FRONTAGE
All the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.
A. 
An accessory building or space for the storage only of not more than two motor-driven vehicles per dwelling.
B. 
Any building or premises, other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
C. 
Any building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold. No commercial motor vehicle exceeding two tons' capacity shall be stored in any storage garage.
HOME OCCUPATION
A gainful occupation conducted by members of the family only within their place of residence, provided that no article is sold or offered for sale on the premises except such as is produced by such occupation, that no stock-in-trade is kept or sold, that no mechanical equipment is used other than such as is permissible for purely domestic purposes, that no sign other than one unlighted nameplate not more than four feet square is installed and that no person other than a member of the immediate family living on the premises is employed. Outdoor storage of raw materials or finished products is not allowed.
[Amended 3-15-2007 by Ord. No. 2007-05]
HOTEL or MOTEL
A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.
LOT
A parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory building, together with the open spaces required by this chapter, and abutting on a public street or officially approved place.
LOT, CORNER
A lot abutting on two or more dedicated and accepted streets at their intersection, provided that the interior angle of such intersection is less than 135°.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINES
The lines bounding a lot as defined herein.
LOT, THROUGH
An interior lot having frontage on two nonintersecting streets.
MOBILE HOME
A non-self-propelled one-family dwelling unit of vehicular design, built on a chassis and originally designed to be moved from one site to another, whether or not the same is placed on a permanent foundation.
MOBILE HOME PARK
Any lot on which two or more mobile homes are parked for the purpose of temporary or permanent habitation.
MOTEL
See "hotel."
NONCONFORMING USE
A building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereto which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.
NURSERY
Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.
NURSING HOME
Any building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.
PARKING STALL
An off-street space available for the parking of a motor vehicle and which, in this chapter, is held to be an area 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PROFESSIONAL HOME OFFICE
The office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other recognized profession. When established in an R-1 District, a professional office shall be incidental to the residential occupation, and not more than 25% of the floor area of only one story of a dwelling unit shall be occupied by such office. Only one person may be employed who is not a resident of the home.
RAILROAD RIGHT-OF-WAY
A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
SETBACK
The minimum horizontal distance between the street line and the nearest point of a building or any projection thereof, excluding uncovered steps.
SHOPPING CENTER
A group of stores, planned and designed for the site on which it is built, functioning as a unit with off-street parking provided on the property as an integral part of the unit.
SIGN
Any words, letters, figures, numerals, phrases, sentences, emblems, devices or designs visible from a public street or highway which convey information regarding the use or ownership of the establishment on the same property upon which they are located, as distinguished from a billboard.
STORY
That portion of a building included between the surface of a floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having 1/2 or more of its height above grade shall be deemed a story for purposes of height regulation.
STREET
All property dedicated for public street purposes.
STREET LINE
A dividing line between a lot, tract or parcel of land and an abutting street.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any change in the roof structure or in the exterior walls.
STRUCTURE
Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.
TEMPORARY SIGN
A nonpermanent sign or advertising display intended to be displayed for a short, usually fixed period of time not exceeding 30 consecutive days in a twelve-month period, unless in conjunction with an approved temporary seasonal use. Temporary signs include wall, freestanding, and banner signs mounted on walls. A mobile or portable sign shall not be considered a temporary sign or used for such purpose. Only one temporary sign may be displayed on a lot at one time. Furthermore, any one lot is limited to a maximum of two temporary signs in a twelve-month period. Political signs are exempt from this provision.
[Added 12-5-2013 by Ord. No. 2013-06]
TEMPORARY STRUCTURE
A movable structure which does not require a permanent location on the ground and which is not attached to something having a permanent location on the ground.
USE
The use of a property is the purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained.
USE, ACCESSORY
A use subordinate in nature, extent or purpose to the principal use of a building or lot and which is also an approved use if so stated in this chapter.
USE, CONDITIONAL
See "conditional use."
USE, PERMITTED
A use which may be lawfully established in a particular district or districts provided that it conforms to all requirements, regulations and performance standards, if any, of such districts.
USE, PRINCIPAL
The main use of land or a building as distinguished from a subordinate or accessory use. A principal use may be permitted or conditional.
UTILITIES
Public and private facilities such as water wells, water and sewer pumping stations, water storage tanks, electric transmission towers, electric lines, electric transmission substations, gas transmission regulation stations, telephone and telegraph exchanges, and microwave relay structures, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.
VISION CLEARANCE
An unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.
YARD
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
A. 
A yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps.
B. 
A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building, excluding uncovered steps.
C. 
A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.
ZONING DISTRICT
An area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of building and premises are uniform.
ZONING PERMIT
A permit stating that the placement of and the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is to be located.
A. 
Compliance. No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this chapter and all other applicable City, county and state regulations.
B. 
Use restrictions. The following use restrictions and regulations shall apply:
(1) 
Principal uses. Only those principal uses specified for a district, their essential services and the following shall be permitted in that district.
(a) 
Accessory uses. Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade or industry. Accessory uses include incidental repairs, storage, parking facilities, gardening, servant and watchman quarters not for rent, private swimming pools, and private emergency shelters. Accessory buildings shall not occupy more than 30% of the required area for the rear yard.
(b) 
Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the Council after the Plan Commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.
(c) 
Temporary uses. Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Council.
(2) 
Performance standards. Performance standards listed in § 385-24 of this chapter shall be complied with by all uses in all districts.
C. 
Yard reduction or joint use.
(1) 
No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located.
(2) 
No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.
(3) 
No lot in the City which contains a building shall hereafter be reduced by any type of conveyance to an area less than would be required for the construction of such building on such lot.
D. 
Lot occupancy. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a platted lot, and in no case shall there be more than one principal building on one platted lot unless approved by the Council.
E. 
Yards abutting district boundaries. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.
F. 
Storage limitation. No required side yard or front yard in the commercial or industrial districts shall be used for storage or the conduct of business.
G. 
Vision clearance. No obstructions, such as structures, parking or vegetation, shall be permitted in any district other than the C-1 District between the height of 2 1/2 feet and 10 feet above a plane through the mean curb grades within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of 35 feet from their intersection. Official signs, utility poles, tree trunks and wire fences may be permitted within each segment of an intersection traffic visibility area.
H. 
Performance standards. See § 385-24 of this chapter.
I. 
Parking and loading restrictions. See § 385-23 of this chapter.
J. 
Regulation of historic places. As authorized under § 62.23(7)(em), Wis. Stats., no structure on any property that is listed on the National Registry of Historic Places in Wisconsin or the State Registry of Historic Places shall be razed, or structurally or aesthetically altered, without the approval of the Plan Commission. Any owner of such historic place desiring to raze or to structurally or aesthetically alter any structure thereon shall first apply for a permit as required under Chapter 140, Building Construction, of this Code. The Building Inspector shall inspect the structure and shall file a report with the Plan Commission within 20 days regarding the structural condition of the building and the economic feasibility of maintaining the structure as an historic building. The Plan Commission shall hold a hearing upon giving a Class 1 notice and, after reviewing the report of the Building Inspector and the testimony given and after considering any proposed structural or aesthetic alterations, shall, within 30 days, make findings and issue an order authorizing the Building Inspector to grant or deny the permit. Any person aggrieved by the order of the Plan Commission may file an appeal with the Board of Zoning Appeals within 30 days of such order.
The regulations contained herein relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:
A. 
Chimneys, towers, lofts, etc. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, windmills, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts or aerials and necessary mechanical appurtenances exceeding the height regulations of this chapter may be permitted as conditional uses by the Plan Commission.
B. 
Street yard modifications. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
(1) 
Uncovered stair restrictions. Uncovered stairs, landings and fire escapes may project into any yard, but not to exceed six feet and not closer than three feet to any lot line, and must be eight feet or more above ground.
(2) 
Cul-de-sac and curve restrictions. Residential lot frontage on culs-de-sac and curves in R-1 Districts may be less than 80 feet provided that the width at the building setback line is at least 80 feet and the street frontage is not less than 45 feet. Residential lot frontage on culs-de-sac and curves in R-2 Districts may be less than 100 feet provided that the width at the building setback line is at least 100 feet and the street frontage is not less than 55 feet.
(3) 
Architectural projection restrictions. Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard, but such projection shall not exceed two feet.
(4) 
Residential fence restrictions. Residential fences are permitted in front, rear and side yards in the residential districts. On the side yards the fence shall not project into the principal building required setback distance and shall be in compliance with required vision clearance. A building permit is required; see Chapter 140, Building Construction, of this Code.
[Amended 2-15-2007 by Ord. No. 2007-03]
(5) 
Security fence restrictions. Security fences are permitted on the property lines in all districts but shall not exceed 10 feet in height and shall be an open type similar to woven wire or wrought iron fencing. A building permit is required. See Chapter 140, Building Construction, of this Code.
(6) 
Essential services exemptions. Essential services, utilities, and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
(7) 
Street yard restrictions. With the approval of the Building Inspector, the required street yards may be decreased in any residential, business or industrial district to the average of the existing street yards of the abutting structures on each side, but in no case less than 15 feet in the residential districts and five feet in any business or industrial district.
C. 
Corner lots. On corner lots the side yard facing the street shall not be less than 30 feet.
D. 
Lots abutting different grades. Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.
E. 
Buildings on through lots. The requirements for a rear yard for buildings on through lots and extending from street to street may be waived by furnishing an equivalent open space on the same lot in lieu of the required rear yard, provided that the setback requirements on both streets are complied with.
F. 
Accessory buildings. Accessory buildings which are not a part of the main building shall not occupy more than 30% of the area of the required rear yard, shall not be more than 15 feet high and shall not be nearer than five feet to any lot line nor five feet to any alley line and shall not extend into a front yard beyond the required setback.
G. 
Unobstructed yards. Every part of a required yard shall be open to the sky unobstructed except for accessory buildings in a rear yard and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than two feet.
A. 
Existing nonconforming uses.
(1) 
Continuation. The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter; provided, however that:
(a) 
Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this chapter.
(b) 
The total lifetime structural repairs or alterations shall not exceed 50% of the assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
(c) 
Substitution of new equipment may be permitted by the Council if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
(2) 
Abolishment or replacement of existing nonconforming use. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50% of its current equalized assessed value, it shall not be restored except so as to comply with the use provisions of this chapter. From the date of adoption of this chapter, a current file of all nonconforming uses shall be maintained by the Clerk-Treasurer, listing the following:
(a) 
Owner's name and address.
(b) 
Use of the structure, land or water.
(c) 
Assessed value at the time of its becoming a nonconforming use.
B. 
Existing nonconforming structures. Any lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform to the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter. However, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
C. 
Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Council has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Council.
D. 
Existing vacant substandard lots. An existing lot which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 66 feet wide and 8,712 square feet in area, may be used as a single-family building site provided that the use is permitted in the zoning district and the lot is of record in the County Register of Deeds office prior to the effective date of this chapter, and further provided that the lot is in separate ownership from abutting lands. If two or more substandard lots with continuous frontage have the same ownership as of the effective date of this chapter, the lots involved shall be considered to be an individual parcel for the purpose of this chapter. Substandard lots shall be required to meet the setbacks and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after approval of a variance by the Board of Zoning Appeals.
A. 
State laws adopted. The provisions of §§ 62.23(7)(i) and 66.1017, Wis. Stats., are hereby adopted by reference.
[Amended 3-15-2007 by Ord. No. 2007-05]
B. 
Permitted uses; restrictions.
Community Living Arrangement (CLA); Family Day-Care Homes
Districts Permitted
Statutory Restrictions
Foster home (domicile) or treatment foster home licensed under § 48.62, Wis. Stats., up to 4 children
All residential districts
None
Other foster homes
All residential districts
§ 62.23(7)(i)l and 2, Wis. Stats.
Adult family home domicile, as defined in § 50.01(1)(a) and (b), Wis. Stats., up to 4 adults, or more if all adults are siblings
All residential districts
None
Other adult family homes
All residential districts
§ 62.23(7)(i)1 and 2, Wis. Stats.
CLA, up to 8 persons
All residential districts
§ 62.23(7)(i)1, 2 and 9, Wis. Stats.
CLA, 9 to 15 persons
Multifamily districts
§ 62.23(7) (i)1, 2 and 9, Wis. Stats.
Family day-care home licensed under § 48.65, Wis. Stats., up to 8 children
All 1- and 2-family districts and planned residential development districts
§ 66.1017, Wis. Stats.
C. 
Conditional uses. All community living arrangements and family day-care homes not permitted in Subsection B above. See § 385-21 of this chapter.
A. 
Established. For the purposes of this chapter, the City is hereby divided into the following zoning districts:
R-1
Single-Family Residential District
R-1A
Single-Family Residential District
R-2
Single-Family Residential District
R-3
Mobile Home Park and Mobile Home Subdivision District
C-1
General Commercial District
C-2
Highway Commercial District
H
Historic Overlay District
M-1
Limited Industrial District
M-2
General Industrial District
PD
Planned Development District
A
Agricultural District
CON
Conservancy District
Floodplain Districts (See Chapter 375 of this Code)
B. 
Incorporation of Zoning Map. The locations and boundaries of the districts are shown on the City Zoning Map, dated September 15, 1987, and referred to by reference as the "Official Zoning Map, City of Waterloo, Wisconsin." Such map, together with all explanatory matter and regulations thereon, is an integral part of this chapter and all amendments thereto. Official copies of the Zoning Map, together with a copy of this chapter, shall be kept by the Clerk-Treasurer and shall be available for public inspection during office hours. Any changes or amendments affecting district boundaries shall not be effective until recorded and the certified change is filed with the map.
C. 
District boundary and map amendments: Ordinance Nos. 88-5; 88-9; 89-3; 89-10; 89-11; 90-2; 90-4; 91-3; 92-11; 92-12; 93-4; 94-2; 95-6; 95-8; 95-9; 96-2; 96-5; 96-13; 96-14; 96-15; 97-6; 97-10; 97-11; 97-12; 97-13; 98-5; 98-6; 99-3; 02-2; 02-4; 02-7; 03-1; 03-2; 03-8; 04-2; 04-5; 05-3; 06-06; 06-09; 07-01; 07-20; 08-05; 2009-18; 2010-08; 2013-03; 2014-08; 2014-12; 2015-06; 2015-07; 2016-03; and 2017-03.
D. 
Boundaries of districts. When uncertainty exists with respect to the boundaries of the various districts as shown on the map, the following rules shall apply:
(1) 
When width or length of boundaries is not clear, the scale of the map shall determine the approximate dimensions.
(2) 
When the Floodplain Zoning Code[1] and the Zoning Code regulations conflict with one another, the most restrictive combination of such regulations shall control.
[1]
Editor's Note: See Ch. 375, Floodplain Zoning.
(3) 
District boundaries are normally lot lines and center lines of streets, highways, railroads or alleys.
The R-1 District is intended to provide a quiet, pleasant and relatively spacious living area for single-family dwellings, protected from traffic hazards and intrusion of incompatible land uses.
A. 
Permitted uses.
(1) 
One-family dwellings.
(2) 
Attached or detached garage, 864 square feet and 15 feet in height maximum.
(3) 
Garden and yard equipment shed, 144 square feet maximum.
[Amended 11-5-2009 by Ord. No. 2009-17]
B. 
Conditional uses. See also § 385-21 of this chapter.
(1) 
Churches, synagogues and similar places of worship and instruction, including parsonages.
(2) 
Municipal buildings, except sewage disposal plants, garbage incinerators, public warehouses, public garages, public shops and storage yards and penal or correctional institutions and asylums.
(3) 
Utility offices, provided that there is no service garage or storage yard.
(4) 
Public, parochial and private elementary and secondary schools.
(5) 
Public parks, recreation areas, playgrounds and community centers.
(6) 
Home occupations and professional home offices.
[Amended 3-15-2007 by Ord. No. 2007-05]
(7) 
Additional garages or accessory building exceeding 144 square feet.
[Added by Ord. No. 95-11; amended 11-5-2009 by Ord. No. 2009-17]
C. 
Lot, yard and building requirements. See also § 385-3 of this chapter.
(1) 
Lot frontage at setback: minimum 80 feet.
(2) 
Lot area: minimum 10,000 square feet.
(3) 
Principal building.
(a) 
Front yard: minimum 30 feet.
(b) 
Side yards: minimum total, 20 feet; minimum side, eight feet.
(c) 
Rear yard: minimum 30 feet.
(d) 
Building height: maximum 35 feet.
(4) 
Accessory buildings.
(a) 
Front yard: minimum 30 feet.
(b) 
Side yards: minimum five feet.
(c) 
Rear yard: minimum five feet.
(d) 
Building height: maximum 15 feet. Accessory buildings shall not exceed 15 feet in height as measured to the roof peak except in those cases where the existing home and at least two of the abutting property homes are two stories in height or more. In those cases the accessory building can be up to 25 feet in height. The maximum area in those cases shall be the "footprint" of the building, not the total floor area.
(e) 
Garage: maximum 864 square feet.
(f) 
Garden shed: maximum 144 square feet.
[Amended 11-5-2009 by Ord. No. 2009-17]
(5) 
Floor area: minimum 1,000 square feet.
(6) 
Off-street parking: minimum two spaces per unit. (See also § 385-23 of this chapter.)
(7) 
With respect to any lot of record as of this date (July 21, 1989) which is 72 feet or less in width, the total width of the side yards of the principal building, including attached garages, shall not be less than 15 feet and no single side yard shall be less than five feet; accessory buildings and unattached garages shall not be less than three feet from the lot line.
The R-1A District is intended to provide a quiet, pleasant and relatively spacious living area for single-family dwellings, protected from traffic hazards and intrusion of incompatible land uses.
A. 
Permitted uses.
(1) 
One-family dwellings.
(2) 
Attached or detached garage, 864 square feet and 15 feet in height maximum.
(3) 
Garden and yard equipment shed, 144 square feet maximum.
[Amended 7-2-2009 by Ord. No. 2009-09]
B. 
Conditional uses. See also § 385-21 of this chapter.
(1) 
Churches, synagogues and similar places of worship and instruction, including parsonages.
(2) 
Municipal buildings, except sewage disposal plants, garbage incinerators, public warehouses, public garages, public shops and storage yards and penal or correctional institutions and asylums.
(3) 
Utility offices, provided that there is no service garage or storage yard.
(4) 
Public, parochial and private elementary and secondary schools.
(5) 
Public parks, recreation areas, playgrounds and community centers.
(6) 
Professional offices.
[Amended 3-15-2007 by Ord. No. 2007-05; 7-2-2009 by Ord. No. 2009-09]
(7) 
Additional garages or accessory building exceeding 144 square feet.
[Added by Ord. No. 95-11; amended 7-2-2009 by Ord. No. 2009-09]
C. 
Lot, yard and building requirements. See also § 385-3 of this chapter.
(1) 
Lot frontage at setback: minimum 100 feet.
(2) 
Lot area: minimum 12,000 square feet.
(3) 
Principal building.
(a) 
Front yard: minimum 30 feet.
(b) 
Side yards: minimum total, 25 feet; minimum side, 10 feet.
(c) 
Rear yard: minimum 30 feet.
(d) 
Building height: maximum 35 feet.
(4) 
Accessory buildings.
(a) 
Front yard: minimum 30 feet.
(b) 
Side yards: minimum five feet.
(c) 
Rear yard: minimum five feet.
(d) 
Building height: maximum 15 feet. Accessory buildings shall not exceed 15 feet in height as measured to the roof peak except in those cases where the existing home and at least two of the abutting property homes are two stories in height or more. In those cases the accessory building can be up to 25 feet in height. The maximum area in those cases shall be the "footprint" of the building, not the total floor area.
(e) 
Garage: maximum 864 square feet.
(f) 
Garden shed: maximum 144 square feet.
[Amended 11-5-2009 by Ord. No. 2009-17]
(5) 
Floor area:
(a) 
One bedroom: minimum 1,200 square feet.
(b) 
Two bedrooms: minimum 1,300 square feet.
(c) 
Three bedrooms: minimum 1,500 square feet.
(d) 
Four bedrooms: minimum 1,700 square feet.
(6) 
Off-street parking: minimum two spaces per unit, both of which shall be in a garage. (See also § 385-23 of this chapter.)
The R-2 District is intended to provide a quiet, pleasant and relatively spacious living area for single-family, two-family and multifamily dwellings protected from traffic hazards and intrusion. Further, it is intended that two-family and multifamily dwellings be dispersed throughout the district on a conditional use basis.
A. 
Permitted uses.
(1) 
Uses permitted in the R-1 District.
(2) 
Boardinghouses, up to four paying guests or boarders, including bed-and-breakfast establishments.
B. 
Conditional uses.
(1) 
Conditional uses permitted in the R-1 District.
[Amended 3-15-2007 by Ord. No. 2007-05]
(2) 
Two-family dwellings.
(3) 
Multifamily dwellings.
(4) 
Funeral homes.
(5) 
Public hospitals and rest homes.
(6) 
Private clubs, fraternities and lodges, except those whose chief activity is customarily carried on as a business.
(7) 
Additional garages or accessory building exceeding 144 square feet.
[Added by Ord. No. 95-11; amended 11-5-2009 by Ord. No. 2009-17]
(8) 
Zero lot line or common wall construction single-family dwelling.
[Added by Ord. No. 2-01]
C. 
Lot, yard and building requirements. See also § 385-3 of this chapter.
(1) 
Single-family dwellings. Same as for R-1 District.
(2) 
Two-family dwellings.
(a) 
Lot frontage: minimum 100 feet.
(b) 
Lot area: minimum 12,000 square feet.
(c) 
Principal building:
[1] 
Front yard: minimum 30 feet.
[2] 
Side yards: minimum 15 feet.
[3] 
Rear yard: minimum 40 feet.
[4] 
Building height: maximum 35 feet.
(d) 
Accessory building:
[1] 
Front yard: minimum 30 feet.
[2] 
Side yards: minimum five feet.
[3] 
Rear yard: minimum five feet.
[4] 
Building height: maximum 15 feet. Accessory buildings shall not exceed 15 feet in height as measured to the roof peak except in those cases where the existing home and at least two of the abutting property homes are two stories in height or more. In those cases the accessory building can be up to 25 feet in height. The maximum area in those cases shall be the "footprint" of the building, not the total floor area.
[5] 
Floor area per dwelling unit: minimum 900 square feet.
[6] 
Off-street parking: minimum two spaces per unit. (See also § 385-23 of this chapter.)
(3) 
Multifamily dwellings.
(a) 
Lot frontage: minimum 100 feet.
(b) 
Lot area: minimum 12,000 square feet.
(c) 
Principal building:
[1] 
Front yard: minimum 30 feet.
[2] 
Side yards: minimum 15 feet.
[3] 
Rear yard: minimum 40 feet.
[4] 
Building height: maximum 35 feet.
(d) 
Accessory building:
[1] 
Front yard: minimum 25 feet.
[2] 
Side yards: minimum five feet.
[3] 
Rear yard: minimum five feet.
[4] 
Building height: maximum 15 feet. Accessory buildings shall not exceed 15 feet in height as measured to the roof peak except in those cases where the existing home and at least two of the abutting property homes are two stories in height or more. In those cases the accessory building can be up to 25 feet in height. The maximum area in those cases shall be the "footprint" of the building, not the total floor area.
(e) 
Number of stories: maximum two.
(f) 
Lot area per dwelling unit: minimum 3,600 square feet.
(g) 
Floor area per dwelling unit:
[1] 
One-bedroom unit: minimum 600 square feet.
[2] 
Two-bedroom unit: minimum 800 square feet.
[3] 
Three-bedroom unit: minimum 1,000 square feet.
(h) 
Off-street parking: 1 1/2 spaces per unit. See also § 385-23 of this chapter.
(4) 
Zero lot line or common wall single-family units.
[Added by Ord. No. 2-01]
(a) 
Lot frontage: minimum 50 feet each unit.
(b) 
Lot area: minimum 6,000 square feet each unit.
(c) 
Principal building:
[1] 
Front yard: minimum 30 feet.
[2] 
Side yards: zero feet on one side and a minimum of 15 feet on the other side.
[3] 
Rear yard: minimum 40 feet.
[4] 
Building height: maximum 35 feet.
(d) 
Accessory building:
[1] 
Front yard: minimum 30 feet.
[2] 
Side yards: minimum five feet.
[3] 
Rear yard: minimum five feet.
[4] 
Building height: maximum 15 feet. Accessory buildings shall not exceed 15 feet in height as measured to the peak except in those cases where the existing home and at least two of the abutting property homes are two stories in height or more. In those cases the accessory building can be up to 25 feet in height. The maximum area in those cases shall be the "footprint" of the building, not the total floor area.
[5] 
Floor area per dwelling unit: minimum 1,000 square feet.
[6] 
Off-street parking: minimum two spaces per unit. (See also § 385-23 of this chapter.)
D. 
Zero lot line duplexes/common wall construction dwellings.
[Added by Ord. No. 2-01]
(1) 
The plans, specifications and construction of zero lot line duplexes shall require that the installation and the construction of sewer, water and other utility services be done in such a manner as to provide separate systems to each dwelling unit.
(2) 
A minimum one-hour fire-rated wall shall separate living areas from the lowest floor level, including the basement, to the underside of the roof sheathing. Such basement wall, if any, shall be masonry.
(3) 
When attached dwelling units are created, matters of mutual concern to the adjacent property owners due to construction, catastrophe and maintenance shall be guarded against by private covenant, deed restrictions and the approving authority.
(4) 
Deed restrictions. Deed restrictions shall provide:
(a) 
Each side of the building shall be constructed at the same time and in such a way as to be harmonious with the other side so that the overall effect is aesthetically pleasing.
(b) 
Each side of the dwelling shall be provided with a minimum of two trees and foundation planting covering 1/2 of the street side of the unit. Lots shall be maintained equally with respect to lawn care and pruning of shrubs and trees.
(c) 
The dwelling shall be painted, stained or sided one color scheme and any subsequent repainting, staining or siding shall be one color scheme, or according to the plan established by these covenants. The covenants shall describe exterior property maintenance and what is or is not permitted.
(d) 
These covenants shall further discuss the housing of dogs, cats or other domesticated household pets.
(e) 
Violation of these covenants shall be handled by the signing parties.
(f) 
Copies of the deed restrictions and private covenants shall be placed on file in the Clerk-Treasurer's office and recorded by the office of the Register of Deeds for Jefferson County.
(g) 
Changes to covenants or deed restrictions shall require an amendment to the special use approval or conditional use permit required by this chapter.
(h) 
Each dwelling shall maintain a common wall which shall be a minimum one-hour fire wall running from the lowest floor level, including the basement, to the underside of the roof sheathing.
(i) 
No fences shall be permitted along the zero lot line in the front or rear yards.
[Added 7-2-2009 by Ord. No. 2009-09]
A. 
Intent. A Residential Overlay District allows consideration for higher density development in existing older residential areas that have large underutilized lots. The permitted and conditional uses of the underlying zoning district (i.e., R-1, R-1A, etc.) remain the same. The lot, yard, and building requirements of the subject parcel, however, can be changed.
B. 
Lot, yard, and building requirements. Lots located within the Residential Overlay District are subject to the following requirements:
(1) 
Lot frontage at setback: 60 feet.
(2) 
Lot area: minimum 7,500 square feet.
(3) 
Principal building setbacks: front, 20 feet; side, total 15 feet, minimum five feet; rear yard, 20 feet.
(4) 
Building height: 40 feet maximum.
(5) 
Floor area: 800 square feet minimum.
[Added 7-2-2009 by Ord. No. 2009-09]
A. 
Intent. It is the intent of this section to provide a means to accommodate a small home-based business without the necessity of a rezoning the land area from an R-1, R1-A, or R-2 District to a commercial district. Home occupations are economic activities permitted within any single-family detached residence which comply with the following requirements. Examples include the provision of personal and professional services. Once a home occupation has been approved, it may not be expanded or enlarged.
B. 
Requirements. Any individual who desires to locate a home occupation within a dwelling located in one of the residential districts described in Subsection A, shall make written application to the Plan Commission for approval thereof. Said application shall contain complete and accurate description of the proposed home occupation; and such additional information as the Zoning Administrator and/or the Plan Commission may require. In determining whether or not to approve any requested home occupation, the Plan Commission shall be guided by the following criteria:
(1) 
The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.
(2) 
There shall be no exterior alterations of the structure which change the character thereof as a dwelling. There shall be no exterior evidence of the home occupation other than those signs permitted in the district.
(3) 
No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.
(4) 
No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
(5) 
Only one sign may be used to indicate the type of home occupation. Such sign shall not be illuminated and shall not exceed three square feet.
(6) 
The home occupation shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
(7) 
Authorized home occupations are restricted to service-oriented businesses and the mass production of items or products or the sale of items or products on the premises is prohibited. Examples of service-oriented businesses include, but are not limited to, computer programming, accounting, law, insurance agencies and computer-based consulting and clerical services.
(8) 
Authorized home occupations shall not occupy more than 30% of the floor area of the dwelling in question.
(9) 
Persons employed in home occupations shall be limited to the resident, immediate family members, and no more than one nonresident employee.
(10) 
Under no circumstances shall a motor vehicle repair or body work business qualify as an authorized home occupation.
(11) 
No animals shall be involved in any authorized home occupation.
(12) 
Home day care is an authorized home occupation so long as it does not involve more than seven children or require state licensing.
C. 
Conditional uses. Any proposed home occupation which does not satisfy the criteria established in Subsection B above may be authorized by the Plan Commission as a conditional use, subject to the requirements of § 385-21 and the following:
(1) 
The extent of the equipment or machinery used in the home occupation may be restricted by the Plan Commission.
(2) 
Sale or transfer of the subject property or the expansion of the approved home occupation shall cause the conditional use permit to terminate.
A. 
Permitted uses.
(1) 
Mobile home parks.
(2) 
Mobile home subdivisions.
B. 
Conditional uses. None.
C. 
Mobile home park requirements. See also Chapter 252, Mobile Homes and Mobile Home Parks, of this Code.
(1) 
Park requirements.
(a) 
A minimum of five acres.
(b) 
Forty-foot minimum setbacks on all sides.
(c) 
A hard surface road no less than 24 feet wide serving all mobile home spaces.
(d) 
Electricity, cable television and public sewer and water servicing all mobile home spaces.
(e) 
A central hard surface parking lot with one parking space for each three mobile home spaces.
(f) 
A separate building providing laundry facilities.
(g) 
An on-site manager's office.
(2) 
Space requirements.
(a) 
Space frontage: minimum 40 feet.
(b) 
Space area: minimum 4,000 square feet.
(c) 
Front yard: minimum 25 feet.
(d) 
Side yards: minimum 10 feet.
(e) 
Rear yard: minimum 25 feet.
(f) 
Off-street parking: two spaces per mobile home.
(3) 
Garages and garden and yard equipment sheds.
(a) 
A garage not to exceed 864 square feet and a maximum of 15 feet in height shall be permitted on each lot.
(b) 
A garden and yard equipment shed not exceeding 144 square feet shall be permitted on each lot.
[Amended 11-5-2009 by Ord. No. 2009-17]
(c) 
A minimum side yard of five feet is required for a garage or garden and yard equipment building.
(d) 
A fire wall is required on any wall of a building which is within 10 feet of a mobile home.
(e) 
In the event the owner or owners of two abutting lots desire to construct a garage on each lot with a common wall on the common lot line, the required side yard minimum shall be zero feet. The common wall separating the two garages shall be of such fire-resistive construction as specified in the Department of Commerce administrative rules.
D. 
Mobile home subdivision lot, yard and building requirements.
(1) 
Lot frontage: minimum 50 feet.
(2) 
Lot area: minimum 6,000 square feet.
(3) 
Principal building:
(a) 
Front yard: minimum 25 feet.
(b) 
Side yards: minimum 10 feet.
(c) 
Rear yard: minimum 25 feet.
(4) 
Building height: maximum 15 feet.
(5) 
Percent of lot coverage: maximum 25%
(6) 
Floor area: minimum 500 square feet.
(7) 
Off-street parking: minimum two spaces.
(8) 
The provision for garages and garden yard equipment sheds set forth in Subsection C(3) above shall also apply to this subsection.
The C-1 District is intended to provide an area for the business and commercial needs of the City.
A. 
Permitted uses.
(1) 
Post offices.
(2) 
General business and commercial uses which do not generate noise, smoke or odors that would create a public or private nuisance. These uses generally include the following:
(a) 
Banks, commercial or professional offices and telephone offices.
(b) 
Hotels and motels.
(c) 
Places of amusement and theaters.
(d) 
Personal service, automobile service, and equipment service establishments.
(e) 
Bus depots.
(f) 
Parking lots.
(g) 
Uses customarily incident to any of the above uses.
B. 
Conditional uses.
(1) 
Any other uses similar in character with the permitted uses and the manufacture or treatment of products clearly incidental to the conduct of a retail business on the premises.
(2) 
Apartments. See Subsection C below.
C. 
Uses permitted in the C-1 District are subject to the following conditions:
(1) 
Dwelling units are not permitted below the second floor without a conditional use permit and business uses are not permitted on any floor above the ground floor, except in those buildings or structures where dwelling units are not established.
[Amended by Ord. No. 02-3]
(2) 
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(3) 
All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.
D. 
Development standards. Within the C-1 District, there shall be no minimum required standards or setbacks in order to provide flexibility in the redevelopment of the downtown area. However, new buildings shall be subject to the off-street parking and loading requirements of § 385-23 of this chapter.
The C-2 District is established to provide for the establishment of principally motor vehicle-oriented or dependent commercial activities in nonresidential settings. Lot dimensional requirements are established to provide for the orderly grouping of commercial uses and for adequate off-street parking.
A. 
Permitted uses.
(1) 
Automotive sales, servicing and repairs.
(2) 
Cleaning, dyeing and pressing establishments.
(3) 
Department stores and discount stores.
(4) 
Drive-in banks.
(5) 
Drive-in establishments serving food or beverages.
(6) 
Feed and seed stores.
(7) 
Gasoline and service stations, provided that all gas pumps are not less than 30 feet from any existing or proposed street line.
(8) 
Laundromats.
(9) 
Lumber and contractor's yards.
(10) 
Motels.
(11) 
Plumbing and heating shops.
(12) 
Printing and related trades.
(13) 
Recreational and entertainment establishments.
(14) 
Shopping centers.
(15) 
Supermarkets.
(16) 
Veterinary clinics.
B. 
Conditional uses.
(1) 
Farm machinery and equipment sales, repair and storage.
(2) 
Painting businesses.
(3) 
Other uses similar in character to the permitted uses, giving due consideration to such items as noise, odor, pollution, traffic and parking, safety, hours and type of operation.
(4) 
Packaging and packing of cheese.
C. 
Lot, yard and building requirements.
(1) 
Lot frontage: minimum 100 feet.
(2) 
Lot area: minimum 20,000 square feet.
(3) 
Front yard: minimum 25 feet; 50 feet if parking is permitted.
(4) 
Side yards: minimum 20 feet.
(5) 
Rear yard: minimum 20 feet.
(6) 
Building height: maximum 35 feet.
(7) 
Number of stories: maximum 2 1/2 feet.
D. 
Off-street parking and loading requirements. See § 385-23 of this chapter.
A. 
Purpose. The Historic Overlay District is created to regulate the design and appearance of development activities within the downtown area. The intent of the district is to preserve and enhance the historical quality of existing downtown buildings and to attain a consistent visually pleasing image for the downtown area.
B. 
Building permit required. No building in the district shall be demolished or be altered in architectural design until a building permit is issued by the Building Inspector. "Altered in architectural design" shall include any change in the design of windows or entryways, facade design or facade siding.
C. 
Review of building plans. Within the Historic Overlay District, all plans for new construction, exterior remodeling or demolition shall be reviewed and approved by the Plan Commission prior to the issuance of a building permit.
D. 
Application requirements. Any application for a building permit within the boundaries of the Historic Overlay District shall be submitted to the Building Inspector, who shall transmit it to the Plan Commission for review and approval. In addition to the information required by the Building Code,[1] the applicant shall include building elevations and exterior architectural drawings, including enough detail to show the proposed building style, exterior materials, colors and location of signage.
[1]
Editor's Note: See Ch. 140, Building Construction.
E. 
Plan review guidelines. The Plan Commission shall use the following guidelines for reviewing proposed development activities to assure compliance with this section:
(1) 
The mass, volume and height and setback of proposed structures shall appear to be compatible with existing buildings in the immediate area.
(2) 
The facade of new or remodeled structures shall maintain a compatible relationship with those of existing structures in terms of windowsill or header lines, proportion of window and door openings, horizontal or vertical emphasis of major building elements, and extent of architectural detail.
(3) 
Exterior remodeling shall be designed to take into account the entire building facade. The ground floor exterior shall be designed to harmonize with the upper stories.
(4) 
The building materials and colors used shall complement and be compatible with other buildings in the immediate area.
(5) 
Storefront window display areas shall be considered an important part of the retail marketing strategy in the downtown area. Large glass windows and street level display areas shall be retained or planned into new construction.
(6) 
Existing buildings and structures shall be recognized as products of their own time. Alterations which have no historical basis shall be discouraged.
(7) 
Demolition shall occur only where it is found that the structure is structurally unsound or physically incapable of supporting a viable use.
(8) 
The sizing and placement of signs shall fit the building.
(9) 
All off-street parking and service areas shall be landscaped and screened as viewed from public rights-of-way.
F. 
Plan review procedure. The Plan Commission Chairperson shall schedule a meeting of the Commission to consider the application. The Commission shall take final action to approve, deny or conditionally approve the application within 20 days of the date of submittal. Conditions of approval may include landscaping, modification to architectural design, type of construction, operational controls, sureties or deed restrictions upon the Commission's findings that these are necessary to fulfill the purpose and intent of this section.
G. 
Informal meeting recommended. Applicants are encouraged to submit conceptual plans or meet with the Commission for preliminary review and discussion prior to formal submittal of detailed plans.
H. 
Issuance of building permit. A building permit shall be issued to the applicant, stating the official action of the Plan Commission, and shall be referred to for enforcement of this section. Approved building permits shall expire in 12 months unless substantial work has been completed.
I. 
Appeal. If the project is not approved, the applicant may modify the proposal and resubmit or may choose to appeal the Commission's decision, within 30 days, to the Council, which may affirm or modify the decision of the Commission.
J. 
Penalty. Any person who shall violate any provision of this section shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Code.
The M-1 District is intended to provide for manufacturing or industrial operation which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the City as a whole by reason of noise, dirt, dust, smoke, odor, traffic, physical appearance or other similar factors, and subject to such regulatory controls as will reasonably ensure compatibility in this respect. Outdoor storage of raw materials or finished products is not allowed.
A. 
Permitted uses.
(1) 
Automotive repair, service and storage of automobile accessories, except the wrecking of motor vehicles.
(2) 
Blacksmithing, tinsmithing and sheet metal work.
(3) 
Bottling plants.
(4) 
Enameling and painting.
(5) 
Knitting mills and the manufacture of products from finished fabrics.
(6) 
Manufacture, fabrication, packing and packaging and assembly of products from furs, glass, leather (but not tanning of hides or manufacture of leather), metals, paper (but not the manufacture of paper or pulp), plaster, plastic (but not the manufacture of plastic), textiles and wood (but not the manufacture of paper or pulp).
(7) 
Manufacture, fabrication, processing, packaging and packing of confections, cosmetics, electrical appliances, electronic devices and food (except meat and meat products, fish and fish products, cabbage products or the vining of peas).
(8) 
Manufacture of furniture, home supplies and appliances, instruments, jewelry, office supplies, pharmaceuticals, sporting goods, tobacco products and toiletries.
(9) 
Laboratories.
(10) 
Warehousing.
(11) 
Welding shops.
(12) 
Wholesaling.
B. 
Conditional uses.
(1) 
Storage and warehousing of fuel and materials, but not the storage of wrecked or dismantled vehicles and junk or the storage of explosives.
(2) 
Other uses similar in character to the permitted uses, giving due consideration to such items as noise, odor, pollution, traffic and parking, safety, hours and type of operation.
C. 
Lot, yard and building requirements.
(1) 
Lot frontage: minimum 100 feet.
(2) 
Lot area: minimum one acre.
(3) 
Front yard: minimum 40 feet.
(4) 
Side yards:
(a) 
Principal building: minimum 20 feet.
(b) 
Accessory building: minimum five feet.
(5) 
Rear yard: minimum 25 feet.
(6) 
Building height: maximum 35 feet.
D. 
Off-street parking and loading requirements. See § 385-23 of this chapter.
E. 
Performance standards. See § 385-24 of this chapter.
By virtue of its location and because of the present character and extent of its development within the area, the M-2 District is established.
A. 
Permitted uses. Any manufacturing or storage use, except for uses listed in Subsection B below.
B. 
Conditional uses.
(1) 
Abattoirs, except for the slaughter of poultry.
(2) 
Acid manufacture.
(3) 
Cement, lime, gypsum or plaster of paris manufacture.
(4) 
Distillation of bones.
(5) 
Explosives, manufacture or storage.
(6) 
Fat rendering.
(7) 
Fertilizer manufacture.
(8) 
Garbage, offal or dead animal reduction or dumping.
(9) 
Glue manufacture.
(10) 
Junkyards.
(11) 
Petroleum refining.
(12) 
Smelting of tin, copper, zinc or iron ores.
(13) 
Stockyards.
(14) 
Wireless communications towers and antennas in accordance with § 385-29.
[Added 3-15-2007 by Ord. No. 2007-05]
C. 
Lot, yard and building requirements.
(1) 
Lot frontage: minimum 150 feet.
(2) 
Lot area: minimum two acres.
(3) 
Front yard: minimum 65 feet.
(4) 
Side yards:
(a) 
Principal building: minimum 30 feet.
(b) 
Accessory building: minimum five feet.
(5) 
Rear yard: minimum 40 feet.
(6) 
Building height: maximum 45 feet.
D. 
Off-street parking and loading requirements. See § 385-23 of this chapter.
E. 
Performance standards. See § 385-24 of this chapter.
[Amended 7-2-2009 by Ord. No. 2009-09]
A. 
Purpose; general description.
(1) 
The Planned Development District provides a regulatory framework to encourage improved environmental design by allowing flexibility in the development of land while ensuring compliance with the basic intent of the Zoning Code and with the City's Comprehensive Plan. The Planned Development District has no set standards and specifications. A developer may propose uses or combinations of uses and configurations of intensity and density of development. Through a process of Plan Commission review, public hearing and Common Council review and approval, accompanied by discussions with the developer and, as appropriate, with other interested parties, an agreement may be reached between the property owner and the City. The terms of the agreement constitute the zoning requirements for the property. These requirements have the same legal force and effect as do standard zoning requirements.
(2) 
As a general rule, the project size should be at least 96,000 square feet to achieve the community benefits of PDD zoning. Projects encompassing less than 96,000 square feet are presumptively too small, but may still be submitted and considered.
B. 
Criteria for approval. As a basis for determining the acceptability of a Planned Development District, the following criteria shall be applied to the general implementation plan, with specific consideration as to whether or not it is consistent with the general purpose and intent of the City's Zoning Code and Comprehensive Plan, whether it has been prepared with competent professional expertise and guidance, and whether it produces significant community benefits of an environmental design nature or otherwise that compensate for modifications in normal zoning requirements, to wit:
(1) 
Character and intensity of land use. The uses proposed and their intensity and arrangement on the site shall:
(a) 
Respect the physical attributes of the site, with particular concern for preservation of natural features, tree growth and open space;
(b) 
Produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicality compatible with development prospects for the area;
(c) 
Not adversely affect the anticipated provision of school or municipal services; and
(d) 
Not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
(2) 
Economic feasibility and impact. The proponents of a Planned Development District shall provide evidence satisfactory to the Plan Commission and the Common Council that the project will not adversely affect the economic prosperity of the City or the values of surrounding properties.
(3) 
Engineering design standards. Streets and other ways, outdoor lighting, provision for stormwater drainage, sanitary sewer service, water supply, or other similar environmental and municipal engineering considerations shall be based on appropriate standards necessary to implement the specific function and the specific situation; provided, however, that in no case shall standards be less than those necessary to promote the public health, safety and welfare as determined by the City.
(4) 
Preservation and maintenance of open space in a planned development district. Provision shall be made for the preservation and maintenance of open spaces either by public reservation or dedication to public entities or commitment to preservation by a private entity. PDD contracts shall contain specific reference to the ownership of such open space areas and to provision for maintenance.
C. 
Procedure: general implementation plan.
(1) 
The procedure for rezoning to a Planned Development District shall be as required for any other zoning district change under this Code. In addition thereto, the applicant shall submit to the Zoning Administrator the following information describing a general implementation plan, to wit:
(a) 
A map of the project area, including its relationship to surrounding properties and topography and other key features.
(b) 
A statement of rationale as to why Planned Development District zoning is proposed. This shall identify barriers that the developer perceives in the form of requirements of standard zoning districts and opportunities for community betterment the developer suggests are available through the proposed Planned Development District zoning.
(c) 
A brief analysis of social and economic impacts on the community of the proposed project, and positive relationships to the Comprehensive Plan.
(d) 
A general site development plan of the proposed project showing at least the following information in sufficient detail to make possible evaluation against criteria for approval:
[1] 
Public and private roads, driveways and parking facilities.
[2] 
Land uses and size, arrangement and location of lots and proposed buildings or groups of buildings.
[3] 
The types, size and location of structures.
[4] 
A general utility plan.
[5] 
The location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use.
[6] 
General landscape treatment plan.
[7] 
Statistical data on size of the development, density/intensity of various parts of the development, ratio of various land uses, economic analysis of the development, expected staging, and any other plans or data required by the Plan Commission or Common Council.
(e) 
General outline of the intended organization structure for a property owners' association, if any; deed restrictions and provisions for private provision of common services, if any.
(f) 
A statement demonstrating how the criteria described in Subsection B are satisfied by the submittal.
D. 
Plan Commission review of general implementation plan.
(1) 
Following submission of an application including all of the information required under Subsections B and C and the payment of the required fees, the matter shall be placed on a Plan Commission agenda for concept review. Initial review is review of the project at the concept level and is not binding. The preferred procedure is for one or more iterations of Plan Commission initial review to occur prior to introduction of a formal petition for rezoning. The applicant may seek to accelerate review by introducing the rezoning petition prior to Plan Commission initial review. Whenever the required petition is introduced, the normal rezoning procedure occurs, including notice and hearing before the Plan Commission. The issues that are the subject of this public hearing are the rezoning request and the general implementation plan.
(2) 
If the Plan Commission determines more information is needed in order to adequately evaluate the application, it shall notify the applicant of the additional information required and may defer consideration of the application until such information has been provided. If the Plan Commission determines that it requires the assistance of one or more independent consultants, such as an engineer, hydrologist, soils scientist, or land use planner, in order to adequately evaluate the application, it shall notify the applicant of such determination and may require the applicant to make a cash deposit with the City Clerk or fund the City's hiring of the consultant(s); and may defer consideration of the application until the consultant(s) has (have) been retained and provided the City with the assistance required to adequately evaluate the application.
(3) 
Once the application has been submitted and the Plan Commission completes its conceptual review, and provided a petition for rezoning to a PDD has been filed, together with all other information required hereunder, the Plan Commission shall hold a public hearing thereon in accordance with the provisions of this Code.
(4) 
Following the required public hearing before the Plan Commission, the Plan Commission shall meet to make a determination and recommendation whether to advise the Common Council to approve the rezoning and the general implementation plan, to approve it with modifications, or deny it.
(5) 
The Plan Commission's reports and recommendations shall be made in a written report to the Common Council. A complete set of maps, plans and written documentation fully describing the proposed development as recommended by the Plan Commission at a general implementation plan level shall accompany the report of the Plan Commission. In a situation in which the applicant disagrees with certain recommendations of the Plan Commission and is urging the Common Council to approve with modifications, the applicant must supply documentation of those modifications to the Council prior to the matter being placed on the agenda of the Common Council.
E. 
Common Council action on general implementation plan. Following receipt of the Plan Commission: recommendations as provided for in Subsection D(5) above, the Common Council may either accept the recommendation, reject the recommendation or conditionally accept the recommendation. If the recommendation is accepted or accepted with conditions, the Common Council shall enact a Planning Development District Ordinance relating to the subject property, containing such terms and conditions as it deems appropriate.
F. 
Owner's consent following Common Council approval. If the Planned Development District Ordinance as adopted by the Common Council provides explicitly, the area of the PDD may be segmented for purposes of development. Unless segmented, the owners of record of all included parcels must consent in writing within a single thirty-day period following Common Council adoption in order for the PDD rezoning to take effect. If segmented, the written consent rule applies separately to each segment. Consent shall be binding upon future owners of the parcels in question, and such consents may not be conditioned or revocable by owners.
G. 
Filing of general implementation plan; effective date. When all of the consent signatures for lands in the parcel being rezoned have been filed with the Zoning Administrator, the documentation on Plan Commission and Common Council action and on the general implementation plan and the consent signatures shall be logged in and filed by the City, and the property shall be indicated as rezoned on City Zoning Maps. The indication shall be "PDD-GIP." The City shall record at the Jefferson County Register of Deeds Office an affidavit of notice of PDD zoning against all real property included in the district. The date of recording of the affidavit is the effective date of the PDD-GIP zoning. The City shall require the applicant to supply necessary property descriptions and to pay recording fees.
H. 
Effect of PDD-GIP zoning.
(1) 
Building permits. The approval of a general implementation plan shall not authorize issuance of building permits. The permits may not be issued until approval by the City of the specific implementation plan pursuant to Subsection I below.
(2) 
Temporary classification. The PDD-GIP zoning is a temporary zoning classification that will expire and be of no further force or effect, following the expiration of one year after the date of the recording of the affidavit described above, unless the applicant has submitted and obtained Common Council approval of the specific implementation plan described below. The Plan Commission may grant extensions to the one-year period for good cause shown; and all such approval extensions shall be recorded in the City file on the PDD district. If a specific implementation plan is not timely filed as required, the PDD-GIP zoning expires and the immediately preceding zoning classification shall become effective.
I. 
Procedure: specific implementation plan.
(1) 
Filing. After the effective date of the rezoning to PDD-GIP, the applicant may file a specific implementation plan with the Plan Commission.
(a) 
The specific implementation plan shall contain graphic and tabular presentations at a level of detail equivalent to the level of detail of a final plat. Accompanying test information shall describe in detail the development plans, methodologies and time tables for the area covered by the specific implementation plan.
(b) 
The area included in a specific implementation plan may be only a portion of the area included in a previously approved general implementation plan.
(c) 
The specific implementation plan submission shall include site plan and design information, allowing the Plan Commission to combine design review and review of the specific implementation plan. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth.
(d) 
As part of submission for specific implementation plan approval, the applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development.
(e) 
The Plan Commission or Common Council may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the specific implementation plan, as such may be relevant to review procedures and standards.
J. 
Plan Commission review of specific implementation plan.
(1) 
When the specific implementation plan submission is deemed by the Zoning Administrator to be complete, the matter shall be placed upon the agenda of the Plan Commission for review, consideration and approval or rejection. No public hearing is required at this stage, but one or more public hearings or informational meetings may be provided optionally, at the discretion of the Plan Commission.
(2) 
The specific implementation plan submission shall be reviewed by the Plan Commission against the standards of this § 385-17, the Comprehensive Plan and the previously approved general implementation plan. In order to approve a specific implementation plan, the Plan Commission must determine that the specific implementation plan is reasonably consistent with the previously approved general implementation plan.
(3) 
If the Plan Commission recommends approval of a specific implementation plan, complete documentation describing the plan, and any contracts that the Plan Commission deems necessary for the implementation of the plan, shall be prepared, reviewed by the Zoning Administrator and, when found to be complete, the Zoning Administrator shall place the plan on the agenda of the Common Council.
K. 
Common Council review of specific implementation plan. The Common Council shall consider and act on the specific implementation plan after reviewing the recommendations of the Plan Commission on same. The Common Council shall approve a specific implementation plan that is reasonably consistent with the previously approved implementation plan.
L. 
Filing of specific implementation plan; effective date. The provisions of Subsection G shall apply to the processing of and consent signatures for a specific implementation plan following approval by the Common Council. Signatures are required by property owners only in the area affected by the specific implementation plan. The Zoning Administrator shall record an affidavit of zoning status fully approved by the Common Council. The recording of the affidavit shall constitute a PDD-SIP zoning of the property in operation; which is effective as of the date of recording of the affidavit.
M. 
Effect of SIP approval; alterations. The recording of the affidavit under Subsection L above will entitle the applicant to receive the issuance of building and other land use permits to carry out development activities consistent with that approved plan, subject to all applicable provisions of this Code.
(1) 
Any subsequent change of use of any parcel or any modification of the specific implementation plan shall first be submitted for approval to the Plan Commission. If the Plan Commission determines that such change or modification constitutes a substantial alteration of the specific implementation plan, the specific implementation plan shall be required to be amended through the same procedures used to approve, file and record the specific implementation plan. If the Plan Commission determines that such changes or modification does not constitute a substantial alteration of the specific implementation plan, the change may be accomplished by approval of the Plan Commission. Such approved modifications shall be documented and recorded in the official file of the City on the PDD district.
(2) 
The PDD-SIP zoning will expire one year after the recording of the affidavit described in Subsection L unless there has been substantial development of the real estate described in the approval specific implementation plan. Substantial development includes, but is not limited to, the recording of approval land divisions, the construction of public infrastructure, and site grading of the subdivided lands. If no such substantial development has occurred, the zoning of the lands expires and reverts to the zoning classification immediately prior to the PDD-GIP district.
The A Agricultural District provides exclusively for agricultural uses. The intent is to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development which results in excessive costs to the community for premature provision of essential public improvements and services.
A. 
Permitted uses.
(1) 
Churches, schools, parks and municipal buildings.
(2) 
Farming.
(3) 
In-season roadside stands for the sale of farm products produced on the premises.
(4) 
Water storage and sewage disposal plants and power stations, when surrounded by an eight-foot or more woven fence.
(5) 
Nurseries, greenhouses and other agricultural uses.
(6) 
Uses customarily incident to any of the above uses, including residential uses incident to any of the above uses.
B. 
Conditional uses. See also § 385-21 of this chapter.
(1) 
Fur farms.
(2) 
Kennels.
C. 
Lot, yard and building requirements.
(1) 
Lot frontage: minimum 200 feet.
(2) 
Lot area: minimum five acres.
(3) 
Residence:
(a) 
Yard and building requirements: same as R-1 District.
(4) 
Farm buildings:
(a) 
Front yard: minimum 300 feet.
(b) 
Side yards: minimum 300 feet.
(c) 
Rear yard: minimum 300 feet.
(d) 
Building height: maximum 50 feet.
D. 
Off-street parking and loading. (See § 385-23.)
[Amended 3-15-2007 by Ord. No. 2007-05]
The CON District is intended to preserve scenic and natural areas in the City and to prevent uncontrolled, uneconomical spread of residential development and to help discourage intensive development of marginal lands so as to prevent potential hazards to public and private property.
A. 
Permitted uses.
[Amended 7-2-2009 by Ord. No. 2009-09]
(1) 
Public parks and playgrounds.
(2) 
Management of forestry, wildlife and fish.
(3) 
Harvesting of wild crops such as marsh hay, ferns, moss, berries, tree fruits and tree seeds.
(4) 
Fishing.
(5) 
Bike and pedestrian paths.
(6) 
Uses customarily incident to any of the above uses.
(7) 
Upon written permission from the Council, based on the purposes of this chapter and on the recommendation of the Plan Commission following a public hearing, sewage disposal plants and water pumping or storage facilities, amusement parks, golf courses and driving ranges, and public camping grounds.
B. 
Lot, yard and building requirements. None.
See Chapter 375, Floodplain Zoning, of this Code.
A. 
General uses applicable to one or more districts. The following uses shall be conditional uses and may be permitted as specified:
(1) 
Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums and historical landmarks or restorations, may be permitted in all residential and commercial districts.
(2) 
Utilities may be permitted in all districts, provided that all principal structures and uses are not less than 50 feet from any residential lot line.
(3) 
Incinerators, sewage disposal plants and earth or sanitary landfill operations may be permitted in A Agricultural and M-2 Districts.
(4) 
Golf courses may be permitted in any residential or agricultural district.
(5) 
Cemeteries may be permitted in any residential or commercial district.
(6) 
Skating rinks, sports fields, swimming pools and tennis courts may be permitted in any district.
(7) 
Commercial recreational facilities, such as bowling alleys, dance halls, driving ranges, miniature golf, amusement parks, gymnasiums, physical culture facilities, roller rinks and outdoor theaters, may be permitted in any district.
(8) 
Boat launches, liveries and repair facilities may be permitted in the C-1 District.
(9) 
Conditional uses in the Conservancy District shall include dog parks, horse trails, golf courses, public utilities, and public camping.
[Added 7-2-2009 by Ord. No. 2009-09[1]]
[1]
Editor's Note: This ordinance superseded former Subsection A(9), permitting the keeping of ponies and horses in floodplain districts as a conditional use, added by Ord. No. 96-1.
B. 
Application. Applications for conditional use permits shall be made in duplicate to the Building Inspector on forms furnished by the Inspector and shall include the following:
(1) 
Name and address 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, if any; and the zoning district within which the subject site lies.
(3) 
Site plan showing the location of any buildings and all proposed provisions for off-street parking and loading.
(4) 
Additional information as may be required by the Plan Commission, the Director of Public Works and the Building Inspector.
(5) 
Fees as stated in the Waterloo Fee Schedule.[2]
[Amended 11-17-2005 by Ord. No. 2005-4]
[2]
Editor's Note: The Fee Schedule is on file at the office of the City Clerk-Treasurer.
C. 
Notice. Notice of such application and the subsequent hearing thereon before the Plan Commission shall be published as a Class 1 notice.
D. 
Appearances at hearings. Either the applicant or his agent or attorney shall attend the public hearing of the Plan Commission at which such application is to be considered unless such attendance has been excused by the Plan Commission.
E. 
Review and approval. The Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewage and water systems and the proposed operation. The Plan Commission shall hold a hearing and thereafter shall recommend approval, denial or conditional approval to the Council. The Council shall accept, reject or modify the Plan Commission's recommendations.
F. 
Issuance of permit. If such permit is issued, the Council may attach conditions thereto such as, but not limited to, landscaping, architectural design, type of construction, construction commencement and completion dates, hours of operation, traffic circulation or parking requirements, highway access restrictions, or increased yards.
G. 
Uses adjacent to controlled access highways. Any development within 500 feet of the existing or proposed right-of-way of any freeway, expressway or other controlled access trafficway and within 1,500 feet of its existing or proposed interchange or turning lane right-of-way shall be deemed to be a conditional use which shall require the issuance of a permit.
A. 
Authority; purpose. This section is adopted pursuant to § 62.234, Wis. Stats., for the purpose of minimizing the amount of sediment and other pollutants carried by runoff from sites of construction or other land disturbing activities as enumerated in Subsection C below.
B. 
Erosion control permit.
(1) 
Required. No landowner, land user or contractor shall, within the City, commence any activity enumerated in Subsection C below before obtaining an erosion control permit from the Building Inspector.
(2) 
Application; fee. Application for a permit shall be made on an application form provided by the Building Inspector and shall be accompanied by an erosion control plan in accordance with Subsection D below and a fee as set forth on the application for permit.
(3) 
Grant or denial of permit. Within 10 working days after receipt of the application, the Building Inspector shall grant or conditionally approve or deny the permit. If the permit is denied, the Inspector shall enumerate the required additions or modifications to the erosion control plan. Upon satisfactory revision of the plan, the permit shall be issued.
(4) 
Exceptions. A permit shall not be required for the following:
(a) 
Agriculture land use. The use of land for planting, growing, cultivating and harvesting of crops and the pasturing or yarding of livestock.
(b) 
State projects. Any state-funded or -conducted activity which requires an erosion control plan similar to the requirements of this section.
(5) 
Duration. Permits and erosion control plan approvals shall be valid for a period of 180 days or the length of the building permit or other construction authorization, whichever is longer, from the date of issuance. The Building Inspector may extend the period one or more times for a total of 12 months. The Building Inspector may require additional best management practices as a condition of the extension if they are necessary to meet the requirements of this section.
C. 
Subject land disturbing activities. The land disturbing activities requiring a permit under Subsection B above are as follows:
(1) 
Those involving grading, removal of protective ground cover or vegetation, excavation, landfilling or other land disturbing activity affecting a surface area of 3,000 square feet or more and a slope greater than 5% or involving an area of 500 square feet or more and a slope greater than 15%.
(2) 
Those involving excavation or filling, or a combination thereof, affecting 100 cubic yards or more of dirt and/or other excavation or fill material.
(3) 
Those involving street, highway, road or bridge construction or reconstruction, except state projects as set forth in Subsection B(4)(b) above.
(4) 
Those involving the laying or repair of underground pipe, cables and similar utilities for a distance of 300 feet or more.
(5) 
Site dewatering which may create sediment control problems.
D. 
Erosion control plan.
(1) 
General. All best management practices required to comply with this section shall meet the design criteria, standards and specifications in the latest edition of the Wisconsin Construction Site Best Management Practice Handbook, as published and amended from time to time by the State Department of Natural Resources. In drafting the plan, the applicant shall take into account and indicate on the plan all factors which may affect erosion control on and adjacent to the site and provide a site drawing, drawn to scale, designating the location of the most suitable erosion control devices, so as to prevent sediment runoff to the greatest degree practicable. The plan shall also include a timetable of land disturbing activities, the area involved in each such activity, and the temporary and permanent procedures to be taken to minimize sediment runoff.
(2) 
Erosion control devices. Erosion control devices shall include, but are not limited to, sedimentation basins, filter fences, straw bales and mulch, tarps, temporary and permanent seeding, sodding and channeling surface water around disturbed areas and other control devices recognized by the Wisconsin Construction Site Best Management Handbook.
E. 
Other requirements.
(1) 
Waste and material disposal. All waste and unused building materials, including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials, shall be properly disposed of and not allowed to be carried by runoff into a receiving channel or storm sewer system.
(2) 
Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each work day.
(3) 
Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric or equivalent barrier.
F. 
Inspection. The Building Inspector shall inspect the site as often as he deems necessary for the enforcement of this section.
G. 
Enforcement.
(1) 
Stop-work order. The Building Inspector may post a stop-work order if:
(a) 
Any land disturbing activity requiring a permit under this section is undertaken without a permit;
(b) 
The approved control plan, or any approved revised control plan, is not being implemented in a good faith manner; or
(c) 
The conditions of the permit are not being met.
(2) 
Revision. If, because of excessive rainfall or other abnormal conditions, the erosion control plan in place is inadequate to prevent sediment runoff, the Building Inspector shall order the permittee to install additional erosion control devices and provide a timetable for such installation.
(3) 
Permit revocation. If, within 10 days of the issuance of a stop-work order, any permittee does not cease the activity or comply with the approved control plan, the Building Inspector may revoke the permit.
(4) 
Cease and desist order. In the event any person without a permit fails to obey a stop-work order or obtain a permit within 10 days, the Building Inspector may request the City Attorney to obtain a cease and desist order.
(5) 
Special charge. Ten days after posting a stop-work order, the Building Inspector may issue a notice of intent to the permittee or landowner or land user of his intent to perform work necessary to comply with this section. The Building Inspector may go on the land and commence the work after 14 days from issuing the notice of intent. If conditions are likely to result in sediment from the site damaging adjacent properties or reaching surface waters, the Building Inspector may enter the land and take emergency actions necessary to prevent sediment or other pollutants from damaging adjacent properties or reaching surface waters, public rights-of-way and storm sewers. The costs of the work performed by the Inspector shall be billed to the permittee or the landowner. In the event that the permittee or landowner fails to pay the amount due, the Clerk-Treasurer shall enter the amount due on the tax rolls and collect it as a special charge against the property, pursuant to § 66.0627, Wis. Stats.
H. 
Appeals. Any person aggrieved by the grant or denial of a permit or any order issued by the Building Inspector may appeal to the Board of Zoning Appeals, pursuant to § 385-30 of this chapter.
I. 
Penalty. Any person violating any provision of this section shall be subject to a forfeiture of not less than $50 nor more than $100 and the cost of prosecution for each violation. Each day a violation exists shall constitute a separate violation.
J. 
Definitions. For the purpose of this section, the following definitions shall be used:
BEST MANAGEMENT PRACTICE
A practice or combination of practices to control erosion and attendant pollution.
EROSION
The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
EROSION CONTROL PLAN
A written description and detailed site plan of best management practices designed to meet the requirements of this section submitted by the applicant for review and approval by the Building Inspector.
A. 
Loading requirements. In all business and industrial districts adequate loading areas shall be provided so that all vehicles loading, maneuvering or unloading are completely off the public ways and so that all vehicles need not back onto any public way.
B. 
Parking requirements. In all districts and in connection with every use, except in the C-1 General Commercial District, there shall be provided at the time any use or building is erected, enlarged, extended or increased off-street parking stalls for all vehicles in accordance with the following:
(1) 
Access. Adequate access to a public street shall be provided for each parking space, and driveways shall be at least 10 feet wide for one- and two-family dwellings and a minimum of 24 feet for all other uses. (See also Chapter 184, Driveways and Culverts, of this Code.)
(2) 
Size. The size of each parking space shall be not less than 10 feet by 20 feet, exclusive of the space required for ingress and egress.
(3) 
Location. The location is to be on the same lot as the principal use or not over 400 feet from the principal use. No parking stall or driveway, except in residential districts, shall be closer than 25 feet to a residential district lot line or a street line opposite a residential district.
(4) 
Surfacing. All off-street parking areas shall be graded and surfaced so as to be dust-free and properly drained. Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.
(5) 
Curbs or barriers. Curbs or barriers shall be installed so as to prevent the parked vehicles from extending over any lot line.
(6) 
Number of parking stalls required.
[Amended by Ord. No. 97-5]
Single- and two-family dwellings and mobile homes
2 stalls per dwelling unit
Multifamily dwellings
1 1/2 stalls per dwelling unit
Hotels and motels
1 stall per guest room plus 1 stall per 3 employees
Hospitals, clubs, lodges, sororities, dormitories and lodging and boarding houses
1 stall per 2 beds plus 1 stall per 3 employees
Sanitariums, institutions and rest and nursing homes
1 stall per 5 beds plus 1 stall per 3 employees
Medical and dental clinics
3 stalls per doctor
Churches, theaters, auditoriums, community centers, vocational and night schools and other places of public assembly
1 stall per 5 seats
Colleges and secondary and elementary schools
1 stall per 2 employees plus 1 stall per student auto permitted
Restaurants, bars, places of entertainment and repair shops
1 stall per 3 seats or 1 stall per 35 square feet of gross floor area
Retail and service stores
1 stall per 300 square feet of gross floor area
Manufacturing and processing plants, laboratories and warehouses
1 stall per 5 employees
Financial institutions and businesses and governmental and professional offices
1 stall per 200 square feet of floor area plus 1 stall per 2 employees
Funeral homes
1 stall per 4 seats plus 1 stall per vehicle used in the business
Bowling alleys
5 stalls per alley
(7) 
In the case of structures or uses not mentioned, the provision for a use which is similar shall apply.
(8) 
Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use.
(9) 
Parking stalls are not required to be provided in the C-1 District, but when they are provided they shall conform to requirements of size, access, surfacing and barriers, but not number of stalls or location as specified above.
C. 
Driveways. All driveways installed, altered, changed, replaced or extended after the effective date of this chapter shall meet the following requirements:[1]
(1) 
Openings for vehicular ingress and egress shall not exceed 24 feet at the street line and 30 feet at the roadway. This requirement shall not apply in the following zoning districts:
(a) 
C-1 General Commercial District.
(b) 
C-2 Highway Commercial District.
(c) 
M-1 Limited Industrial District.
(d) 
M-2 General Industrial District.
(2) 
Vehicular entrances and exits to drive-in banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall be not less than 100 feet from any pedestrian entrance or exit to a school, church, hospital, park, playground, library or public emergency shelter.
[1]
Editor's Note: See also Ch. 184, Driveways and Culverts.
D. 
Highway access. No direct private access shall be permitted to the existing or proposed rights-of-way of any controlled access arterial street without permission of the highway agency that has access control jurisdiction.
This chapter permits specific uses in specific districts and these performance standards are designed to limit, restrict and prohibit the effects of those uses outside their premises or district. No structure, land or water shall hereafter be used except in compliance with the district regulations and with the following performance standards.
A. 
Air pollution. No activity shall emit any fly ash, dust, fumes, vapors, mists or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation or property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas, nor any color visible smoke equal to or darker than No. 2 on the Ringlemann Chart described in the United States Bureau of Mines Information Circular 7718 in the industrial districts.
B. 
Fire and explosive hazards. All activities involving the manufacturing, utilization, processing or storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire-extinguishing system.
C. 
Glare and heat. No unsanctioned activity shall emit glare or heat that is visible or measurable outside its premises, except activities in the industrial districts which may emit direct or sky-reflected glare which shall not be visible outside their district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.
D. 
Liquid or solid wastes. No activity shall discharge at any point onto any land or into any water or public sewer any materials of such nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply; can cause the emission of dangerous or offensive elements; can overload the existing municipal utilities; or can injure or damage persons or property.
E. 
Noise and vibration. There shall be no noise or vibration over 70 decibels emanating from any unsanctioned activities beyond the boundaries of the immediate site determined to be a nuisance by the Building Inspector. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this section.
F. 
Odors. No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside its premises.
G. 
Radioactivity and electrical disturbances. No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.
[Added by Ord. No. 97-8]
A. 
Developments requiring design review:
(1) 
Site and structural development of residential projects having four or more dwelling units.
(2) 
Site and structural development in business districts.
(3) 
Site and structural development in industrial districts.
(4) 
Site and structural development in planned development districts.
(5) 
Utility and governmental facilities.
(6) 
Those variance cases deemed by the Board of Zoning Appeals to justify design review. Design review shall be advisory to the Board.
(7) 
Any parking area, even if not accompanying an otherwise included development, if it has 50 or more parking spaces.
(8) 
In addition, design review districts may be designated by ordinance adopted by the Council. Once adopted, design review standards shall apply to such districts within the terms of such designation ordinance.
B. 
Administration of design review.
(1) 
The Clerk-Treasurer shall advise applicants when they apply for zoning permits or other approvals whether design review applies. If design review applies, the applicant shall be given checklists, application forms and timetables. These documents shall have prior Plan Commission approval as to format and content. This application form shall note that a fee as stated in the City of Waterloo Fee Schedule must accompany the application.[1] Applicants may request and have preapplication conferences with staff.
[Amended 11-17-2005 by Ord. No. 2005-4]
[1]
Editor's Note: The Fee Schedule is on file at the office of the City Clerk-Treasurer.
(2) 
Completed applications and supporting materials shall be reviewed by staff prior to placement on the Plan Commission agenda. Staff must be satisfied that a complete packet of information will be available to the Plan Commission prior to the commencement of the Commission meeting at which the item is set for decision review.
(3) 
The Plan Commission shall review applications set for design review. Following such review, discussions with applicants and agents, and discussion within the Plan Commission and with staff, the Commission shall render a decision of approval, conditional approval or rejection. Decisions shall be in writing and shall identify those elements of the approved design which the Commission intends to be mandatory. The Clerk-Treasurer shall have applicants sign acknowledgments of receipt of the written Plan Commission design review decision prior to issuance of a zoning/building permit.
(4) 
A project that has had design review and that has a zoning/building permit is approved for execution only in accordance with the directives included in the design approval. Construction or execution that deviates from directives may not occur within the terms of this section without prior City approval. The Clerk-Treasurer is responsible for determining whether to give staff approval to such deviations on a finding that they are minor variations as to the Plan Commission's decision or whether full Plan Commission review and approval are needed upon a finding that the deviations are major.
C. 
Design review standards.
(1) 
Jurisdictions. Design review applies to exterior structural and design features, landscaping and site planning.
(2) 
Directives. The following specific design standards are established and are intended to be applied in the informed judgment of the Plan Commission:
(a) 
The land forms and landscape shall be preserved in their natural state, insofar as practicable, by minimizing soil and tree removal that is not essential to project development and by retaining grades and contours in keeping with the general appearance of neighboring developed areas.
(b) 
Building masses and long, straight building fronts and sides (relative to the overall length of the building) that are visually accessible shall be broken up and made more variegated with staggerings and offsets, with landscaping or surficial features or with accumulation of mass in the form of smaller related units. This is a directive standard as to residential and commercial structures and those industrial structures that are visually accessible to larger volumes of traffic and a recommendatory standard to industrial buildings within the center core of industrial districts.
(c) 
Within residential properties, parking areas that are located in front of street-side yards shall have landscape screening and/or screening by fencing having decorative character to soften views of parked vehicles. All design reviewed parking lots shall have decorative landscape treatment at the perimeter of the lot and, for larger lots, in island areas within the lot, to provide breakup of the expanse of paving.
(d) 
Rooftop mechanical equipment that will be readily visible when viewed from ground level from other properties or from major public ways should be softened by screening or covered in a manner that forms an integral part of the building design.
(e) 
External garbage or refuse containers shall be screened by walls, fences, berms or effective landscaping, or combinations thereof.
(f) 
Landscaping. Each project subject to design review shall provide landscaping of sufficient height and density to accomplish positive visual impact within three years from the time of planting.
(g) 
All developments and occupancies subject to design review shall plan and construct so that surface drainage positively drains from structures and so that compliance is achieved with the erosion control and stormwater drainage requirements of this Code.
(h) 
The following principles of landscape design are stated as guides to be applied with discretion by the Plan Commission, taking into account how visible the site is to public view, sensitivity of neighboring properties and the cost considerations. Parks Commission preferences on species shall be made available in writing to project applicants.
[1] 
Overhead canopy trees contribute to a pattern within the neighborhood and streetscape focus plants (trees or shrubs) accomplish screening of less attractive elements, afford privacy, noise control and windbreak, soften transitions from vertical to horizontal features and create visual focal points.
[2] 
Ground plane plants (lawn, ground cover, etc.) provide lower level continuity and retard soil erosion.
[3] 
Terraces, trellises, walks, drives, garden walls and berms and related elements increase variety.
(i) 
Storage of materials, fuel, scrap, inoperative vehicles and similar objects in places that are readily visible from major public rights-of-way or parts of neighboring properties where a significant amount of viewing is expected shall be minimized and, where necessary, shall be reasonably screened. Where other portions of this section establish more stringent standards, the other portions shall govern.
(j) 
Exterior lighting, when used, shall be established, directed and maintained so as not to be cast directly on public rights-of-way or occupied structures or neighboring properties or be lighted in intensity or colors seriously disturbing to neighboring properties.
D. 
Recommendations. Other features of site design and construction, building and structural design and construction and landscaping that are not listed under directives may also be addressed by Plan Commission advisory suggestions within the design review process upon a finding that the suggestion would be desirable to make the development a positive asset to the visual appearance of the community and positive contribution to the growth and stability of the community tax base.
A. 
Permit required. No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit, except those signs excepted in Subsection C below, and without being in conformity with the provisions of this chapter. The sign shall also meet all the structural requirements of the State Building Code. Sign permits meeting all state and local requirements may be issued by the Clerk-Treasurer. The Clerk-Treasurer may refer approval of any sign permit to the Council and the Council may issue or refuse the permit.
[Amended 4-20-2006 by Ord. No. 2006-04]
B. 
Application; fee. An application for a sign permit shall be filed with the Zoning Administrator on a form provided by the Clerk-Treasurer. A permit fee as stated in the City of Waterloo Fee Schedule shall accompany the application.[1]
[Amended by Ord. No. 98-1; 11-17-2005 by Ord. No. 2005-4; 4-20-2006 by Ord. No. 2006-04]
[1]
Editor's Note: The Fee Schedule is on file at the office of the City Clerk-Treasurer.
C. 
Signs excepted. All signs are prohibited in the residential, conservancy and agricultural districts, except the following:
(1) 
Signs over show windows or doors of a nonconforming business establishment announcing, without display or elaboration, only the name and occupation of the proprietor, and not to exceed two feet in height and 10 feet in length.
(2) 
Real estate signs not to exceed eight square feet in area which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.
(3) 
Name, occupation and warning signs located on the premises not to exceed 576 square inches, which is the equivalent of four square feet.
[Amended by Ord. No. 98-1]
(4) 
Bulletin boards for public, charitable or religious institutions not to exceed eight square feet in area located on the premises.
(5) 
Memorial signs, tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.
(6) 
Official signs such as traffic control, parking restrictions, information and notices.
(7) 
Temporary signs or banners when authorized by the Council.
(8) 
Directional signs hung from City-owned poles meeting all requirements of the City Directional Sign Policy as approved by the Council and signed by the Mayor.
[Added 11-4-2004 by Ord. No. 2004-4]
(9) 
Residential development signs, up to 64 square feet, advertising the sale of lots in a subdivision.
[Added 12-5-2013 by Ord. No. 2013-06]
(10) 
Temporary political signs do not require a permit. Such signs are subject to the restrictions pertaining to safety of persons and property, with the consent of the property owner or person entitled to possession of the property. No political sign may be more than 64 square feet, and the total area of all political signs per lot shall not exceed 32 square feet. All signs shall be removed in accordance with state law.
[Added 12-5-2013 by Ord. No. 2013-06]
D. 
Signs permitted. Signs are permitted in all commercial and industrial districts, subject to the following restrictions:
(1) 
Overhanging signs in commercial districts. An overhanging sign or sign projecting from a building shall not overhang or project into or over any sidewalk, alley or street of the City more than six feet from the building to which it is attached and shall not be less than 10 feet above the mean center-line street grade and less than 15 feet above a driveway or alley. All guides and stays shall be rods or chains and shall be firmly fastened.
[Amended 7-21-2003 by Ord. No. 2003-4]
(2) 
Signs not to constitute a public hazard. No sign shall be erected at any location where it may, by reason of its position, shape, color or other characteristics, interfere with, obstruct the view of, or be confused with any authorized traffic sign, traffic signal or other traffic device, nor shall any sign make use of the word "stop," "look," "danger," or any other word which could be mistaken for an official sign.
(3) 
Illuminated sign. No sign shall be illuminated by intermittent, rotating or flashing lights.
(4) 
Ground signs. Ground signs shall be considered buildings and must observe all applicable setback lines and height restrictions, except that the setback from the street can be a minimum of 12 feet from the edge of the right-of-way and the location of the sign shall comply with the vision clearance set forth in § 385-3G of this chapter. Except as hereafter authorized, no ground signs advertising a business located off the premises where such sign is located, other than directional signs, shall be permitted. Such directional signs shall not exceed 100 square feet on one face and 200 square feet on all faces and shall not exceed 20 feet in height.
[Amended by Ord. No. 96-6]
(5) 
Vacant lot maintenance. Vacant lots upon which advertising signs now exist or which are erected pursuant to this section shall be maintained in an orderly fashion by the frequent and periodic removal of rubbish and maintenance of any verdure growing on the lot.[2]
[2]
Editor's Note: Original § 17.22(4)(f), Sign projection restrictions, which immediately followed this subsection, was repealed 7-21-2003 by Ord. No. 2003-4.
(6) 
Removal of signs at termination of business. At the termination of a business, commercial or industrial enterprise, all signs shall forthwith be removed from the public view. Responsibility for violation shall reside with the property owner according to the latest official tax roll listings.[3]
[3]
Editor's Note: Original § 17.22(4)(h), Projection of nonilluminated signs, which immediately followed this subsection, was repealed 7-21-2003 by Ord. No. 2003-4.
(7) 
Shopping center and industrial park sign restrictions. In a shopping center or industrial park, one freestanding identification sign for each street upon which the development fronts may be permitted showing the name of said center or park and represented business or industries. The area of said sign shall not exceed 100 square feet on one side and 200 square feet on both sides. When multiple independent businesses share the same building or site, each additional business beyond the initial business is permitted 100 square feet of signage in addition to the maximum 200 square feet. This additional signage can be used on the building or a freestanding sign. (Example: A shopping center with three stores would be permitted 400 square feet of signage.) Each center or cluster of uses is permitted one freestanding sign. No signs are permitted within 20 feet of the right-of-way line of the street.
[Amended by Ord. No. 98-1]
(8) 
Total surface display area restrictions. The total surface display area of business or industrial signs on the front facade of a building shall not exceed in square feet two times the number of linear feet of width of the building frontage. In the case of a building located on a corner lot, such square foot display area on the side facing the secondary street may be increased by 1.0 times the number of linear feet of the length of the building which faces the secondary street. Said increased permitted display area shall be used only for the erection of a permitted sign on the length of the building which faces the secondary street. Where the premises abut a parking lot, the total display area may be increased by 0.5 times the number of linear feet of the width or length of the building frontage on such parking lot. Such increased display area shall only be utilized by the erection of a permitted sign on that part of the building which abuts said parking lot. In no case shall the wall area usable for sign display be in excess of 200 square feet, and in no case shall more than one of the above-mentioned criteria be used to calculate allowable sign area on any one building facade.
(9) 
Projection of signs in industrial districts mounted on buildings restricted. Industrial signs mounted on buildings shall not be permitted to project more than six inches beyond the building line.
[Amended 7-21-2003 by Ord. No. 2003-4]
(10) 
Number of signs permitted. Multiple signs shall be permitted; however, the combination of the multiple signs, including any advertisement permanently fastened to show windows or display cases, and including lettering on canopies, shall not exceed 200 square feet.
(11) 
Directional ground signs. Necessary directional ground signs which shall not exceed four square feet in area shall be permitted. Permission to erect such signs must be obtained from the Building Inspector.
(12) 
Lighting. Business and industrial signs may be internally lighted or illuminated by a hooded reflector; provided, however, that such lighting shall be arranged to prevent glare, and no sign shall be lighted by a lighting of intermittent or varying intensity. Animated signs, or signs having moving parts, or signs which may be mistaken for traffic signal devices or which diminish the visibility or effectiveness of such traffic signal devices, are prohibited.
(13) 
Signs causing obstruction prohibited. Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as means of ingress or egress, or for fire-fighting purposes, or placed so as to interfere with any opening required for legal ventilation, is prohibited.
(14) 
Signs at intersection prohibited. No sign or advertising device shall be erected or maintained at the intersection of streets in such a manner as to obstruct clear vision of the intersection.
(15) 
Subdivision sign maintenance. Subdivision signs which are erected pursuant to this section shall be maintained in an orderly fashion by the frequent periodic removal of rubbish and maintenance of any verdure growing on the lot.
(16) 
Directional signs hung from City-owned poles must meet all requirements of the City Directional Sign Policy as approved by the Council and signed by the Mayor.
[Added 11-4-2004 by Ord. No. 2004-4]
E. 
Existing signs. A sign lawfully existing at the time of the adoption or amendment of this chapter may be continued, although the use, size or location does not conform to the provisions of this section. However, it shall be deemed a nonconforming use of the structure and the provisions of § 385-5 of this chapter shall apply. See also Subsection D(6) above.
No building or structure, or any part thereof, shall hereafter be built within the City unless a permit therefor shall first be obtained by the owner or his agent from the Building Inspector. No construction shall be commenced prior to the issuance of such permit. Commencement of construction shall include such acts as beginning excavation or constructing forms for cement work. See Chapter 140, Building Construction, of this Code. The Building Inspector may grant variances from the terms of this chapter in those cases where a setback, side yard or rear yard variance would clearly be consistent with those existing in the neighborhood. Where an existing older residence constructed before October 22, 1987, is being rebuilt after a fire or is being converted to a duplex and lacks the minimum square feet of living area and land area required in the zoning district as prescribed in this chapter, the Council may grant a special exception waiving the requirements for a certain minimum square feet of floor space or land area so as to allow such reconstruction or conversion; provided, however, that granting of such special exception will not be contrary to the public interest.
A. 
Certificate required. No vacant land shall be used or occupied for other than an approved use in the zoning district in which it is located and no building hereafter moved into or relocated within the City shall be so occupied or used until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall show that the building or land or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. Such certificate shall be issued only when the building or land and the proposed use thereof conform to all the requirements of this chapter. No such certificate shall be required for any property for which a valid zoning permit providing for such use or occupancy exists.
B. 
Application for certificate. Application for such certificate shall be made to the Building Inspector, in writing, on such form and containing such information as the applicant deems sufficient to advise such Inspector of his request. After reviewing such application, the Inspector may require such additional information as he deems necessary.
C. 
Temporary certificate. The Board of Zoning Appeals is hereby authorized to hear and rule on appeals from the denial of such certificates by the Building Inspector and, upon such terms and with such conditions as it deems proper, may authorize the Building Inspector to issue a temporary certificate for a limited period of time.
D. 
Fees. See Chapter 140, Building Construction, § 140-7 of this Code.
[Added by Ord. No. 01-04]
A. 
Definitions. The terms used herein shall be defined as follows:
ALTERNATIVE TOWER STRUCTURE
Man-made structures such as clock towers, bell steeples, light poles, and similar mounting structures.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic magnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switch telephone network.
COLLOCATION
The provision of multiple antennas or more than one commercial wireless communications service provider or government entity on a single tower or structure.
FAA
Federal Aviation Administration.
FCC
Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance measured from the grade to the highest point on the tower or other structure, including the base pad.
PERSONAL COMMUNICATIONS SERVICE (PCS)
A provider of personal wireless service as defined in Section 704 of the Telecommunications Act of 1996, 47 U.S.C. § 332, and as the same may be amended from time to time.
PERSONAL WIRELESS FACILITIES
Transmitters, antenna structures and other types of installations used to provide personal wireless services.
PREEXISTING TOWER/ANTENNA
Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section.
TOWER
Any structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
B. 
Standards and exceptions.
(1) 
Applicability.
(a) 
New towers and antennas. All towers or antennas constructed after passage of this section shall be subject to all applicable standards of this section.
(b) 
Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of Subsection B(2) below. Any such towers or antennas shall be referred to hereinafter as "preexisting towers" or "preexisting antennas."
(c) 
Amateur radio and receive-only antennas. This section shall not apply to any tower, or the installation of any antenna, that is under 70 feet in height and is owned by a federally licensed amateur radio station operator or is used exclusively for a receive-only antenna.
(2) 
General requirements.
(a) 
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Building Inspector concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of a tower, the owner shall immediately bring such tower into compliance with such standards. Failure to bring such tower immediately into compliance shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(b) 
State or federal requirements All towers shall meet or exceed standards and regulations of the FCC, the FAA, and any other agency of the state or federal government with the authority to regulate towers and antennas.
(c) 
Collocation.
[1] 
Any proposed telecommunication tower and tower site shall be designed in all respect so as to accommodate collocation of the applicant's antennas and at least four additional users. Towers and tower sites shall be designed to allow for future rearrangement of antennas upon the tower, to accept antennas mounted at varying heights, and to accommodate supporting buildings and equipment.
[2] 
The holder of a permit for a tower shall allow collocation for at least two additional users and shall not make access to the tower and tower site for an additional use economically unfeasible. If an additional user demonstrates (through an independent arbitrator or other permitted means) that the holder of a tower permit has made access to such tower and tower site economically unfeasible, then the permit shall become null and void.
(d) 
Antenna height. Antenna height shall not be restricted, provided that such device is installed and maintained in accordance with applicable state and local building codes and in compliance with current standards of the FAA, FCC and any other agency of the state or federal government with the authority to regulate antennas.
(e) 
Tower height: 200 feet maximum including the antennas.
(f) 
Separation between towers. Separation distances between towers shall be applicable for a proposed tower and any preexisting towers. The separation distance shall be measured by a straight line between the base of an existing tower and the base of a proposed tower.
New Tower Type
Existing Tower Type
Lattice
Guyed
Monopole 75 Feet in Height or Greater
Monopole Less than 75 Feet in Height
Lattice
5,000 feet
5,000 feet
1,500 feet
750 feet
Guyed
5,000 feet
5,000 feet
1,500 feet
750 feet
Monopole less than 75 feet in height
1,500 feet
1,500 feet
1,500 feet
750 feet
Monopole greater than 75 feet in height
750 feet
750 feet
750 feet
750 feet
(g) 
Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. Evidence submitted to determine that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
[1] 
No existing towers or structures are located within the geographic area which meets the applicant's engineering requirements.
[2] 
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
[3] 
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
[4] 
The proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the proposed antenna.
[5] 
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[6] 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
[7] 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(h) 
Aesthetics.
[1] 
Towers shall maintain either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a light gray so as to reduce visual obtrusiveness and blend into the natural setting and built environment.
[2] 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
[3] 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(i) 
Lighting. Towers shall not be artificially illuminated unless required by the FAA or any other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(j) 
Fencing. A tower shall be enclosed by security fencing not less than eight feet in height and secured so that it is not accessible by the general public. Fence design, materials and colors shall reflect the character of the surrounding area.
(k) 
Landscaping. A buffer of plant materials to effectively screen the tower compound from public view and from adjacent properties shall be provided. The minimum buffer shall consist of a landscape strip of at least five feet in width outside the perimeter of the tower compound. Existing mature tree growth and natural landforms shall be preserved to the maximum extent possible. In some cases, such as towers placed on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
(l) 
Accessory equipment and building. The equipment cabinet or structure used in association with an antenna shall be suited in accordance with the development standards of the underlying zoning district. Equipment cabinets or structures shall be screened from view by an evergreen hedge or other suitable landscape treatments, except where the use of nonvegetative screening would better reflect and compliment the architectural character of the surrounding neighborhood.
(m) 
Signs. No signage or advertising is allowed to be placed on a wireless communication tower.
(3) 
Permitted uses. The installation of a tower or antenna as follows:
(a) 
Antennas or existing towers. The attachment of a new antenna on an existing tower may be allowed, to minimize adverse visual impacts associated with the proliferation and clustering of towers, provided that:
[1] 
The height of the existing tower is not increased.
[2] 
No building addition is required.
(b) 
Cable microcell network. The installation of a cable microcell network may be permitted through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
(4) 
Conditional uses. The installation of towers and antennas, including the placement of accessory equipment or buildings, may be allowed by conditional use permit. In addition to the standards identified in this section, any request for conditional use permit shall also comply with the standards identified by § 385-28 of this chapter.
[Amended 10-5-2017 by Ord. No. 2017-04]
(5) 
Removal of abandoned antennas and towers. An antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove the antenna or tower within 90 days shall be grounds to remove the antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using this tower.
(6) 
Security for removal. The owner of any telecommunications tower shall provide the City a performance bond in an amount based on a written estimate of a qualified remover of said types of structures to guarantee removal of the tower when no longer in operation. The City may require an increase in the bond amount after five-year intervals to reflect the increases in the CPI.
A. 
Membership. See Chapter 19, § 19-2 of this Code.
B. 
Appeals to Board.
(1) 
Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the administrative officers. Such appeal shall be taken within 30 days from either the date of actual notice of said decision to the person aggrieved or from the date of the mailing of a copy of said decision to him, whichever is earlier, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. Filing with the Board shall be accomplished by filing with the Clerk-Treasurer.
(2) 
The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(3) 
The Board shall fix a reasonable time for the hearing of the appeal and shall give public notice thereof by publication once in the City's official newspaper, said publication to be not less than five days before said hearing nor more than 15 days before said hearing, and shall give notice to the parties in interest and shall decide the same within a reasonable time.
(4) 
A filing fee as stated in the City of Waterloo Fee Schedule shall accompany each such appeal, and no such appeal shall be deemed properly filed unless said fee is paid.
[Amended 11-17-2005 by Ord. No. 2005-4]
C. 
Powers of Board. The Board shall have the following powers:
(1) 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official.
(2) 
To hear and decide special exceptions to the terms of this chapter upon which the Board is required to consider.
(3) 
To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(4) 
To permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter for such public utility purposes which are reasonably necessary for public convenience and welfare.
(5) 
The Board may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the administrative official. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this chapter.
D. 
Other powers. In addition to the foregoing, the Board shall have the following specific powers:
(1) 
To grant a permit for a temporary building for commerce or industry in a residential district which is incidental to the residential development, such permit to be issued for a period of not more than six months.
(2) 
To grant a permit for the extension of a district boundary for a distance of not more than 25 feet where the boundary of a district divides a lot in single ownership at the time of the adoption of this chapter.
(3) 
To permit the temporary storage, as defined herein, of an item otherwise prohibited under § 385-3 of this chapter.
(4) 
To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan as shown on the Official Map accompanying and made a part of this chapter[1] where the street layout actually on the ground varies from the street layout on the aforesaid map.
[1]
Editor's Note: See Ch. 267, Official Map.
(5) 
To call on any other City department for assistance in the performance of its duties, and it shall be the duty of such other department to render such assistance as may be reasonably required.
E. 
Powers limited. Except as specifically provided, no action of the Board shall have the effect of permitting in any district uses prohibited in such district, nor shall such Board be permitted to take any action which would, in effect, create a buildable lot smaller than the minimum lot size or area otherwise required by the City, nor may such Board rule on conditional uses or overrule Council action.
A. 
Authority. Whenever the public necessity, convenience, general welfare or good zoning practice require, the City may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Plan Commission.
B. 
Initiation. A change or amendment may be initiated by the Council, the Plan Commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.
C. 
Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Clerk-Treasurer and shall describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:
(1) 
A plot plan showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.
(2) 
The owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.
(3) 
Additional information required by the Plan Commission.
(4) 
Fees as stated in the City of Waterloo Fee Schedule.[1]
[Amended 11-17-2005 by Ord. No. 2005-4]
[1]
Editor's Note: The Fee Schedule is on file at the office of the City Clerk-Treasurer.
D. 
Recommendations. The Plan Commission shall hold a public hearing as provided for in § 62.23(7)(d), Wis. Stats., and review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied. The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the Council.
E. 
Council action. After careful consideration of the Plan Commission recommendations, the Council shall vote on the passage of the proposed change or amendment. If the Council denies the proposed change or amendment, a similar petition for such change or amendment may not be submitted for a period of one year.
F. 
Protest. In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20% or more of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of 3/4 of the members of the Council voting on the proposed change.
It shall be the duty of the Building Inspector, with the aid of the Police Department, to enforce the provisions of this chapter.
Any person who violates, disobeys, neglects, omits or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall forfeit a sum of not less than $10 nor more than $200, together with the costs of prosecution, and, in case of nonpayment of such forfeiture, shall be imprisoned in the Jefferson County Jail for a term of not more than 30 days or until such judgment is paid, and each day of violation shall constitute a separate offense.