[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:
Having a common property line or district line.
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.
A street or thoroughfare less than 21 feet wide and affording
only secondary access to abutting property.
A portion of a multiple dwelling used as a separate housing
unit and having cooking facilities and a private bath.
See "dwelling, multifamily."
A story, as defined below, partly underground which, if occupied
for living purposes, shall be counted as a story for purposes of height
measurement.
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.
A building other than a hotel where lodging and meals are
furnished for compensation for three or more persons not members of
a family.
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.
See "structural alterations."
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.
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.
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.
A use of a special nature so as to make impractical its predetermination
as a principal use within a district.
ONE-FAMILYA detached building designed for or occupied exclusively by one family.
TWO-FAMILYA detached or semidetached building designed for and occupied exclusively by two families.
MULTIFAMILYA building or portion thereof designed for and occupied by more than two families, including tenement houses, row houses, apartment houses and apartment hotels.
A separate housekeeping unit, designed and used for occupancy
by a single 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]
Land consisting of five acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption
or use.
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.
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.
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.
PRIVATEAn accessory building or space for the storage only of not more than two motor-driven vehicles per dwelling.
PUBLICAny building or premises, other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
STORAGEAny 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.
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]
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.
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.
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°.
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
An interior lot having frontage on two nonintersecting streets.
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.
Any lot on which two or more mobile homes are parked for
the purpose of temporary or permanent habitation.
See "hotel."
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.
Any building or lot, or portion thereof, used for the cultivation
or growing of plants and including all accessory buildings.
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.
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.
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.
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.
The minimum horizontal distance between the street line and
the nearest point of a building or any projection thereof, excluding
uncovered steps.
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.
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.
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.
All property dedicated for public street purposes.
A dividing line between a lot, tract or parcel of land and
an abutting street.
Any change in the supporting members of a building or any
change in the roof structure or in the exterior walls.
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.
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]
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.
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.
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.
See "conditional use."
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.
The main use of land or a building as distinguished from
a subordinate or accessory use. A principal use may be permitted or
conditional.
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.
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.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward, except as otherwise provided
herein.
FRONT YARD OR SETBACKA yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps.
REAR YARDA 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.
SIDE YARDA yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.
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.
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.
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.
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:
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.
|
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; 2017-03;
2022-03; 2022-07; and 2022-08.
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:
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.
An accessory structure of this type and size must comply with zoning
and all other requirements found in the Municipal Code, but shall
not require a building permit.
[Amended 11-5-2009 by Ord. No. 2009-17; 7-2-2020 by Ord. No. 2020-05]
(4)
Garden and yard equipment shed, greater than 144 square feet and
less than or equal to 200 square feet. An accessory structure of this
type and size requires a building permit.
[Added 7-2-2020 by Ord.
No. 2020-05]
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)
An additional accessory building exceeding 200 square
feet.
[Added by Ord. No. 95-11; amended 11-5-2009 by Ord. No. 2009-17; 7-2-2020 by Ord. No.
2020-05]
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.
(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.
(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.
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.
(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]
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.
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.
(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.
(3)
Multifamily dwellings.
(a)
Lot frontage: minimum 100 feet.
(b)
Lot area: minimum 12,000 square 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.
(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.
(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.
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:
[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.
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.
(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.
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:
[Amended 10-17-2019 by Ord. No. 2019-08]
(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)
Warehousing of 5,000 square feet or less, when an area equal
to, or greater than, the same area on the same parcel is used as non-warehousing
commercial use.
(h)
Uses customarily incident to any of the above
uses.
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.
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.
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.
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.
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.
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.
C.
Lot, yard and building requirements.
[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.
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.
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.
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:
(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:
(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.
BEST MANAGEMENT PRACTICE
EROSION
EROSION CONTROL PLAN
Definitions. For the purpose of this section, the
following definitions shall be used:
A practice or combination of practices to control erosion
and attendant pollution.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
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:
(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.
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.
[Added by Ord. No. 01-04]
A.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
COLLOCATION
FAA
FCC
HEIGHT
PERSONAL COMMUNICATIONS SERVICE (PCS)
PERSONAL WIRELESS FACILITIES
PREEXISTING TOWER/ANTENNA
TOWER
Definitions. The terms used herein shall be defined
as follows:
Man-made structures such as clock towers, bell steeples,
light poles, and similar mounting structures.
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.
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.
The provision of multiple antennas or more than one commercial
wireless communications service provider or government entity on a
single tower or structure.
Federal Aviation Administration.
Federal Communications Commission.
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.
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.
Transmitters, antenna structures and other types of installations
used to provide personal wireless services.
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.
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:
(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.
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.
(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.
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.
