the ZONING CODE -
city of jefferson, wisconsin
17.02 General Provisions
17.04 Zoning Districts
17.05 Conditional Uses
17.06 Modifications and Exceptions
17.07 Traffic, Parking, and Access
17.09 Non-Conforming Uses, Structures & Lots
17.10 Performance Standards
17.11 Board of Appeals
17.12 Changes and Amendments
17.13 Site Plan Approval
ZONING CODE 17.01
(2) PURPOSE. The purpose of this Chapter is to promote the health, safety, morals, prosperity, aesthetics, and general welfare of this community.
(3) 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 intensity, and the size and location of all structures, so as to lessen congestion in and promote the safety and efficiency of the street 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 conversation of natural resources; preserve and promote the beauty of the community; and implement the community 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.
(4) 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 rules. However, wherever this Chapter imposes greater restrictions, the provisions of this Chapter shall govern.
(5) INTERPRETATION. The provisions of this Chapter shall be held to the 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 Wisconsin Statutes.
(6) SEVERABILITY. If any section, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.
(7) TITLE. This Chapter shall be known as, referred to, or cited as "THE ZONING CODE - CITY OF JEFFERSON, WISCONSIN."
(8) EFFECTIVE DATE. This Chapter shall be effective after proper public hearing, adoption by the City Council, and publication or posting as provided by law.
17.02 GENERAL PROVISIONS. (1) JURISDICTION. (a) Within the City. The jurisdiction of this chapter shall include all lands and waters within the City of Jefferson, Wisconsin.
(b) Extraterritorial Jurisdiction. The provisions of this chapter relating to the unincorporated area shall become effective when adopted by the City Council in accordance with provisions of (SS) 62.23(7a), WI Stats. The failure of the City Council to take such action shall in no way invalidate the application of this chapter to any property, building or structure located within the City.
(2) COMPLIANCE. (Am. #12-85) (a) 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 local, County and State regulations.
(b) Any person who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $25 nor more than $5,000 and costs of prosecution for each violation, and in default of payment of such forfeiture and costs shall be imprisoned in the County Jail until payment thereof, but not exceeding 60 days. In addition to such forfeiture or imprisonment, action may be brought to enjoin, remove or vacate any use, erection, moving or alteration of any building or use in violation of this chapter.
ZONING CODE 17.02(3)
(3) ENFORCEMENT. The provisions of this chapter shall be enforced by the Building Inspector, who shall be known as the Zoning Inspector for the purposes of this chapter. He shall keep a record of all applications for zoning permits issued, with a notation of any complications for such zoning permits, and a record of all such permits issued, with a notation of conditions that may have been imposed by the Board of Appeals under the provisions of Section 17.11 of this chapter. He shall file and keep copies of all plans submitted. He shall also keep a record of every identifiable complaint of a violation of any provisions of this chapter, and of the action taken subsequent to each such complaint. All such records and plans shall form a part of the records of his office and shall be available for the use of the City Council and of other official agencies and officials of the City.
(4) ZONING PERMIT. (a) Applications. Applications for a zoning permit shall be made to the Zoning Inspector on forms furnished by him. A zoning permit, where applicable, and as hereinafter referred to, may be considered the same as a building permit, as referred to in Section 14.01(1), and as a land use permit. Applications include the following where applicable:
1. Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor.
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; existing and proposed operation or use of the structure or site; number of employees and the zoning district within which the subject site lies.
3. Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; loading areas and driveways; existing highway access restrictions; existing and proposed front , side and rear yards. In addition, the plat of survey shall show the location, elevation and use of any abutting lands and their structures within 40' of the subject site. The Zoning Inspector may waive the provision in the case of permits for one and 2 family residences in recorded subdivision, providing a plot plan showing all of the above required information is submitted.
4. Proposed sewage disposal plan, if municipal sewerage service is not available. This plan shall be reviewed by the City Engineer to ascertain that satisfactory, adequate, sewage disposal is possible on the site as proposed by the plan, in accordance with applicable local, County and State health agency regulations.
5. Proposed water supply plan, if municipal water service is not available. This plan shall be reviewed by the City Engineer. The owner shall certify, in writing, than an adequate and safe supply of water will be provided.
6. Additional information, as may be required by the Plan Commission, City Engineer, and Zoning, Building, Plumbing, or Health Inspectors, including all information required for site plan approval under Section 17.13 of this chapter.
7. Fee receipt from the treasurer in the amount as specified in Section 14.01(7) of the Building Code. In all other cases not covered by 14.01 (7) the fee shall be $10.00.
(b) Zoning Permit Issuance. The Zoning Permit shall be granted or denied in writing by the Zoning Inspector within 30 days of the date of application, or within 60 days of said date when site plan approval or a conditional use permit is required. The Zoning Permit shall expire within 6 months of date of issuance unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.
(5) CERTIFICATE OF OCCUPANCY. No vacant land shall be occupied or used, except for agricultural purposes, and no buildings hereafter erected or structurally altered shall be occupied or used until a Certificate of Occupancy shall have been issued by the Zoning Inspector. A Certificate of Occupancy is required for a change of type of occupancy or use of any building or land.
ZONING CODE 17.02(5)(a)
(a) Application for a Certificate of Occupancy. Application for a Certificate of Occupancy shall be made coincident with the application for a Zoning Permit. The application shall state the intended use of the land or building.
(b) Issuance. A Certificate of Occupancy shall be granted within 10 days after notification by the owner of completion of buildings or structural alterations indicated in the Zoning Permit, in accordance with the plans submitted with the Permit application and applicable provisions of this Chapter and the health and building laws and ordinances.
(c) No fees shall be charged for a Certificate of Occupancy.
(6) SITE RESTRICTIONS. (a) Establishment of Grades. (Rep. & Recr. #24-96) Every building hereafter erected, structurally altered, or relocated shall be at a grade demonstrated by the applicant to be in satisfactory relationship with the established grades, or with the existing street grades where none is established, with particular consideration for proper drainage and safe vehicular access.
(b) Preservation of Topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands, and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result increasing any portion of the slope to a ratio greater than 1-1/2 horizontal to 1 vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Zoning Inspector; or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
(c) Unsuitable Land. No land shall be used for structures erected where the land is held by the City Council to be unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the community. The Plan Commission, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability.
(d) Lot Regulations. 1. All lots shall abut upon a public street and each lot shall have a minimum frontage and area as set forth in the Schedule of Regulations.
2. (Am. #7-96) All principal structures shall be located on a lot and only one principal structure shall be located, erected or moved onto a lot, except for planned area developments in accordance with the provisions of this Chapter, and Industrial Districts where multiple principal structures may be allowed as a conditional use.
3. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
(e) Private Sewer and Water (Am. MSC '86) In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on site sewage disposal system, designed in accordance with ILHR 85, Wis. Adm. Code. In any district where a public water or sewerage service is not available, the lot width and area shall be determined in accordance with ILHR 85, Wis. Adm. Code, but one family dwellings shall be not less than 100' or 20,000 sq. ft. respectively.
ZONING CODE 17.02(7)
(7) USE RESTRICTIONS. The following use restrictions and regulations shall apply:
(a) Only those approved uses specified for a district, their essential services and the uses specified in pars. (b) through (g) below, shall be permitted in a district.
(b) Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction. Accessory uses include professional home offices; household occupations; incidental repairs; storage; parking facilities; gardening; servant's quarters not for rent; private swimming pools and emergency shelters. Except as herein otherwise regulated, accessory uses shall not include the keeping, propagation or culture or pigeons, poultry or livestock.
(c) Conditional uses may be permitted when approved by the Plan Commission in accordance with the provisions of Section 17.05 of this chapter.
(d) Unclassified or unspecified uses may be permitted by the Zoning Inspector or Plan Commission provided that such uses are similar in character to the approved or conditional uses permitted in the district.
(e) Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Zoning Inspector.
(f) Performance standards listed in Section 17.10 shall be complied with by all uses in all districts.
(g) No mobile home shall be located within the City limits except within an approved mobile home park. This section shall not prohibit a mobile home in the County Fairgrounds property permitted by the County Fair Committee. The placement of a mobile home in the Fairgrounds needs to meet all setback requirements of a single family residential (R-1) District. (Am. #19-84; 20-84)
(8) JOINT USE. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
(9) VIOLATIONS. No person shall construct or use any structure, land or water in violation of any of the provisions of this chapter. In case of any violation, the City Council, Zoning Commission or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.
(10) PENALTIES. Any person who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $25.00 nor more than $5,000 and costs for prosecution for each violation and in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until payment thereof, but not exceeding 60 days. Each day a violation exists or continues shall constitute a separate offense. In addition to such forfeiture or imprisonment action may be brought to enjoin, remove or vacate any use, erection, moving or alteration of any building or use in violation of this chapter.
17.03 DEFINITIONS. For the purpose of this chapter, the following definitions shall be used. Words used in the present tense include the future tense; the singular number includes the plural number and the plural includes the singular. The word "shall" is mandatory and not directory.
ZONING CODE 17.03(5)
ZONING CODE 17.03(22)
ZONING CODE 17.03(39)
ZONING CODE 17.03(55)
ZONING CODE 17.03(72)
ZONING CODE 17.03(88)
17.04 ZONING DISTRICTS. (1) ESTABLISHMENT. For the purposes of this chapter, the City is hereby divided into the following 8 districts:
R-1 Single-Family Residential District.
R-M Multifamily Residential District.
MH Mobile Homes Park District.
BHN Highway and Neighborhood Business District.
BC Central Business District.
ML Limited Industrial District.
MG General Industrial District.
AG Agricultural District.
ZONING CODE 17.04(1)(a)
Boundaries of these districts are hereby established as shown on a map entitled "Zoning Map, City of Jefferson, Wisconsin," which is on file in the office of the City Clerk. Such boundaries shall be construed to follow corporate limits; US Public Survey Lines; lot or property lines; centerlines of streets; highways, alleys, easements, and railroad rights-of-way; or such lines extended, unless otherwise noted on the Zoning Map.
(a) Vacation of Public Streets and Alleys. Shall cause the land vacated to be automatically placed in the same district as the abutting side which the vacated lad reverts.
(b) Zoning District. Annexations to or consolidations with the City subsequent to the effective date of this chapter shall be placed in the AG, Agricultural District, unless the annexation ordinance temporarily places the land in another district. Within one year of the date of annexation, the Plan Commission shall evaluate and recommend a permanent district classification to the City Council.
(c) Annexation Amendments. Ordinances #20-80; 5-81; 9-92; 12-92; 26-95; 8-96; 19-97;
(2) ZONING MAP. (a) Adopted. A certified copy of the Zoning Map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the Mayor and City Clerk and shall be available to the public in the office of the City Clerk.
(b) Amendments. Ordinances #5-71; 11-71; 12-71; 1-72; 2-72; 6-72; 1-74; 9-74; 5-75; 6-75; 2-79; 3-79; 11-79; 12-79; 21-79; 4-80; 8-80; 11-80; 15-80; 23-80; 4-81; 8-81; 16-81; 17-81; 19-81; 7-82; 16-82; 17-82; 17-83; 18-83; 5-84; 23-84; 7-86; 12-86; 22-87; 4-88; 5-88; 12-88; 3-89; 11-89; 2-90; 8-90; 13-90; 14-90; 15-91; 17-91; 10-92; 11-92; 13-92; 1-93; 8-93; 9-93; 15-93; 18-93; 4-94; 7-94; 12-94; 16-94; 7-95; 9-95; 10-95; 11-95; 13-95; 14-95; 1-96; 6-96; 12-96; 13-96; 15-96; 16-96; 20-96; 21-96; 28-96; 1-97; 3-97. 11-97; 13-97; 18-97; 21-97; 26-97; 9-98;
(3) RESIDENTIAL DISTRICTS. (a) R-1, Single Family Residential District. The R-1 District is established to protect residential areas now developed with single family detached dwellings and to protect adjoining areas, presently undeveloped or in agricultural usage, likely to be developed for single family use.
1. Approved Use. Single family dwellings. Home occupations s as defined in this chapter. (Am. #28-97)
2. Conditional Uses. See Section 17.05(4), (5) and (9).
3. Site Requirements. See Schedule of Regulations, Section 17.04(7).
(b) R-M, Multifamily Residential District. The R-M District is established to protect certain areas of land, both developed and undeveloped, with peculiar characteristics, such as present high density dwelling units, proximity to commercial developments or proximity to major streets and because of a probable continued demand for such dwelling accommodations which are well designed, pleasant places in which to live.
1. Approved Uses. (Am. #10-81) Multifamily dwellings not exceeding 6 dwelling units and uses permitted in R-1 District.
2. Conditional Uses. See Section 17.05(4), (5) and (9).
3. Site Requirements. See schedule of Regulations, Section 17.04(7).
(c) Mobile Home Park District. The MH District is established to protect certain areas of land, both developed and undeveloped, which are particularly suited to mobile home parks because of proximity to major streets, because of suitable topography and because of the existence of mobile home developments in the area.
ZONING CODE 17.04(3)(c )3.
(4) BUSINESS DISTRICTS. (a) BHN, Highway and Neighborhood Business District. The BHN District is established to provide convenient shopping goods and services to a local neighborhood area and traveling public. No use permitted in this district shall be dangerous or offensive or detrimental to the neighboring areas or residents by reason of the emission of dust, gas, smoke, noise, fumes, odors, vibration, etc.
1. Approved Uses. (Am. #10-83) Barber shops, beauty parlors, clinics, drug stores, food stores, insurance, agencies, professional and business offices, restaurants, gift stores, confectioneries and liquor stores.
2. Conditional Uses. (Am. #8-75) Places of entertainment, also see Section 17.05(4), (5)(f), (6) and (9).
3. Site Requirements. See Schedule of Regulations, Section 17.04(7).
(b) BC, Central Business District. The BC District is established to provide for those retail trade, financial and entertainment activities serving the entire regional community.
1. Approved Uses. Art and school supply stores; automotive parts stores; automobile sales lots and showrooms and lots, including incidental servicing and repair provided however, that all vehicles be in operative condition; antique shops; apartment hotels; appliance stores; barber shops and beauty parlors; banks and other financial institutions; including loan and finance companies; business offices, candy and ice cream stores; caterers; clothing repair shops; clinics; clubs; cocktail lounges and taverns, with permit by Plan Commission; commercial school; confectioneries; delicatessens; dental clinics; department stores; drug stores; electrical supply; florist shops; food lockers; furniture stores; gasoline stations; heating supply; hotels; ice delivery stations; insurance agencies; jewelry stores; liquor stores; lumber yards, medical clinics; opticians and optical stores; paint stores, retail only; parking facilities (see Section 17.07); photographic studios; professional offices; small animal offices; tourist information and hospitality centers; undertaking establishments; upholsterer's shops; variety stores; vegetable stores; also self service laundromats (11-72).
Uses permitted in the BC District are subject to the following conditions.
(a) Dwelling units are not permitted below the second floor 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.
(b) 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.
(c) All Business, servicing, or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.
(d) No "drive-in" type establishment, offering goods or services directly to customers waiting in parked motor vehicles, are permitted as approved uses.
(e) The parking of trucks, as an accessory use, when used in the conduct of a permitted business listed in this section, shall be limited to vehicles of not over 14,000 pounds gross vehicle weight when located within 150 feet of a Residential District boundary line.
2. Conditional Uses. See Sec. 17.05(4), 17.05(6), and 17.05(9).
3. Site Requirements. See Schedule of Regulations, Section 17.04(7).
(5) INDUSTRIAL DISTRICTS. (a) ML, Limited Industrial District. By virtue of its location and because of the existing and proposed character of development within and around the area; present and anticipated accessibility of major transportation facilities; and the availability of adequate facilities and other public services, the ML District is established.
ZONING CODE 17.04(5)(a)1.
1. Approved Uses. a. Automotive body repairs; automotive upholstery; cleaning pressing and dye establishment; commercial bakeries; commercial greenhouses; distributors, farm machinery, sale and repair; food locker plants; laboratories, machine shops; manufacture and bottling of nonalcoholic beverages; painting; printing; publishing; storage and sale of machinery and equipment; trade and contractor's offices; warehousing; and wholesaling.
b. Manufacture, fabrication, packing, packaging and assembly of products from furs, glass, leather, metals, paper, plaster, plastics, textiles and wood.
c. Manufacture, fabrication, processing, packaging and packing of confections; cosmetics; electrical appliances; electronic devices; food, except cabbage, fish and fish products, meat and products, and pea veining; instruments; jewelry; pharmaceuticals; tobacco; and toiletries.
2. Conditional Uses. See Section 17.05(4) and 17.05(7).
3. Site Requirements. See Section 17.04(7).
(b) MG, General Industrial District. By virtue of its location and because of the present character and extent of development within the area, the MG District is established.
1. Approved Uses. All ML Industrial District approved uses; freight yards; freight terminals and transshipment depots; inside storage; breweries; crematories.
2. Conditional Uses. See Section 17.05(4) and 17.05(7).
3. Site Requirements. a. See Section 17.04(7).
b. Minimum side yard for street side of corner lot shall be 40'. (Cr. #15-88)
c. Minimum square foot allowable for approved or conditional ML District uses shall be 1-1/2 acres. (Cr. #15-88)
(6) AGRICULTURAL DISTRICT. (a) AG, Agricultural District. 1. Approved Uses. a. Agricultural, daring floriculture, forestry, general farming, grazing, greenhouses, hatcheries, horticulture, livestock raising, nurseries, orchards, paddocks, pasturage, poultry raising, stables, truck farming and viticulture.
b. Farm dwellings for those resident owners and laborers actually engaged in the principal permitted uses are accessory uses.
2. Conditional Uses. See Section 17.05(4), 17.05(7) and 17.05(9).
3. Site Requirements. See Section 17.04(7).
(7) AREA, HEIGHT, SIZE, OF BUILDING AND YARD REGULATIONS. (Am. #4-89) The requirements as to area, height, size of building and setback dimensions for each of the established districts shall be as shown in the schedule of regulations as provided on the chart on the next page, except as modified by the provisions of Section 17.06. Areas and dimensions provided may exceed indicated minimum or may be less than indicated maximum.
(a) Minimum lot width for corner lots - 70'.
(b) Shopping centers require a minimum area of 4 acres; minimum frontage of 400'; setbacks - 100' front, 40' side, 40' rear.
(c) Minimum side yard for street side of corner lot - 15'. For lots having width of 70' or less, required side yards shall be 8' for principal buildings and 3' for accessory buildings.
(d) Minimum lot area per dwelling unit at least 2,000 sq. ft. and not less than 1,500 sq. ft. plus 500 sq. ft. per bedroom.
(e) Minimum side or rear yard when abutting residential area must be 15'.
ZONING CODE 17.04(7)(f)
(f) Minimum of 10' from an alley. Minimum of 3' for lots having widths of 70' or less when not abutting an alley.
(g) Yard requirements refer to the park as a whole, not to individual units.
(h) If a side yard is required, it shall have a minimum width of 10'.
(i) Minimum side or rear setback when abutting residential area - 50'.
(j) Minimum floor area for single family dwellings shall be 850 sq. ft., exclusive of basement as defined in Section 17.03(9), but not less than 700 sq. ft. plus 100 sq. ft. per bedroom. Minimum area of the first or main floor is to be 650 sq. ft. (Cr. #1071)
(k) The pool or the entire property in which it is located shall be walled or fenced to a height of 4' so to prevent uncontrolled access by children from the street or from adjacent properties.
17.05 CONDITIONAL USES. (1) PERMIT. The Plan Commission after review and a public hearing may authorize the Zoning Inspector to issue a conditional use permit for conditional uses, provided that such conditional use and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.
(2) APPLICATION. Applications for conditional use permits shall be made in duplicate to the Zoning Inspector on forms furnished by the Zoning Inspector and shall include the following:
(a) Notice. (Cr. #10-73) The Plan Commission shall hold a public hearing on the proposed conditional use. Notice of date, time and place of such hearing shall be published as a Class 1 notice under Ch. 985, WI Stats., not less than 10 nor more than 30 days preceding such hearing. The City Clerk shall notify by regular mail all abutting or opposite property owners as listed by the applicant in the original application of the time, date and subject matter of the hearing.
(b) Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.
(c) Description of the subject site by lot, block and recorded subdivision, or be metes and bounds; address of the subject site, type of structure; proposed operation or use of the structure or site; number of employees and the zoning district within which the subject site lies.
(d) Plat of Survey prepared by a registered land surveyor, showing all of the information required under Section 17.02(4) for a Zoning Permit and, in addition, the mean and historic high water lines on or within 40 ft. of the subject premises and existing and proposed landscaping.
(e) Additional information as may be required by the Plan Commission, City Engineer, Zoning Inspector and Building Inspector.
(f) Fee receipt from the City Administrator in the amount of $100. (Am. #9-90; #3-96)
(3) REVIEW AND APPROVAL. (a) Plan Commission. 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, sewerage and water systems and the proposed operation.
(b) Highway Agency. Any development within 500 ft. of the existing or proposed rights-of-way of freeways, expressways, interstate and controlled access traffic ways and within 1500 ft. of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The Plan Commission shall request such review and await the highway agency's recommendations for a period not to exceed 60 days before taking final action.
ZONING CODE 17.05(3)(c)
(c) Conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
(d) Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses. Variances shall only be granted in Section 17.11.
(4) PUBLIC AND QUASI-PUBLIC USES. The following public and quasi-public uses shall be conditional uses and may be permitted as specified:
(a) Airports, airstrips, and landing field in the Industrial Districts and in the AG Agricultural Districts, provided the site area is not less than 20 acres.
(b) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums, in all Residential and Business Districts and the Industrial Districts.
(c) Utilities in all districts, provided all principal structures and uses are not less than 50 feet from any Residential District lot line.
(d) Public Passenger Transportation Terminals, such as heliports, bus and rail depots, except airports, airstrips and landing fields, in all Business and Industrial Districts, provided all principal structures and uses are not less than 100 feet from ant Residential District boundary.
(e) Public, parochial and private elementary and secondary schools and churches in all Residential Districts, provided the lot area is not less than 2 acres and all principal structures and uses are not less than 50 feet from any Residential District boundary line.
(f) Colleges, universities, hospitals, sanitariums; religious, charitable, penal or correctional institutions; cemeteries and crematories in the AG, Agricultural District, provided that all principal structures and uses are not less than 50 feet from any lot line.
(5) RESIDENTIAL USES. The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified. The following provision shall be complied with. (See Schedule of Regulations, Section 17.04(7).)
(a) Planned residential developments, such as cluster developments, in all residential districts. The district regulations may be varied, provided that adequate open space shall be provided so that the average intensity and density of land use shall be no greater than permitted for the district in which it is located. The proper preservation, care and maintenance by the original, and all subsequent, owners of the exterior design; all common structures, facilities and utilities; and access and open spaces, shall be assured by deed restrictions, enforceable by the City.
(b) Clubs, fraternities, lodges and meeting places of a non-commercial nature in the RM Residential District, provided that all principal structures and uses are not less than 25' from any lot line.
(c) Rest homes, nursing homes for the aged, clinics and nursery schools in the RM Residential District, provided that all principal structures are uses are not less than 50' from any lot line.
(d) Mobile home parks in the BH Highway Business District.
(e) Two family residences in the R-1 Single Family Residential District.
ZONING CODE 17.05(5)(f)
(f) Single or multiple dwelling units on the second floor of a principal structure in which the ground floor is devoted to a business or commercial use in the BHN, Highway and Neighborhood Business District. Single or multiple dwelling units on the first floor of a building in the BHN, Highway and Neighborhood Business District in existence on March 1, 1984. (Am. #6-84)
(g) Multifamily dwellings exceeding 6 dwelling units in R-M, Multifamily Residential District. (Cr. #10-81)
(h) Single and multiple dwelling units on the first floor of a building in the BC, Central Business District in existence on March 1, 1984. (Cr. #7-84)
(j) Professional Home Offices in the R-1 Single Family Residential District. (Cr. #28-97)
(6) HIGHWAY ORIENTED AND COMMERCIAL USES. (Am. #11-72) The following commercial uses shall be conditional uses and may be permitted as specified: (a) Drive-in banks in BHN and BC Business Districts.
(b) Drive-in theaters in the BHN Highway District, provided that a planting screen at least 25' wide with a minimum height of 8' is created along any side abutting a residential district and no access is permitted within 500' of an intersection of arterial streets. Driveways shall be designed to minimize traffic congestion and shall have adequate visibility in both directions along the roadway.
(c) Drive-in establishment serving food or beverages for consumption outside the structure, in the BHN Highway Business District.
(d) Motels in BHN and BC Business Districts.
(e) Funeral Homes in the BHN and BC Business Districts, provided that all principal structure and uses are not less than 25' from any lot line.
(f) Tourist homes in the BHN &, provided that such district is located on a county or State trunk or US highway.
(g) Vehicle sales, service, washing or repair stations; garages; taxi stands; and public parking lots in all Business Districts, provided that all gas pumps are not less than 30' from any side or rear lot line and 20' from any existing or proposed street line. Gasoline stations shall be a minimum of 500' from public or parochial schools and churches.
(h) Commercially oriented uses listed as an approved use in the ML District is Section 17.04 (5)(a)1. and the BC Business District. These uses shall include cleaning, pressing and dyeing establishments; printing, publishing and related trades; and any other use which is determined by the Plan Commission to be at the same general character as those listed above, provided all principal structures and uses are not less than 100' from any residential district.
(i) Any development within 500' of the existing or proposed rights-of-way of freeways, expressways, interstate and control access traffic ways and within 1,500' of their existing or proposed interchange or turn.
(j) Engine and electric motor repair in the BHN Highway Business District. (Cr. #8-88)
(k) Clubs, fraternities, lodges and meeting places of not-for-profit associations in the BHN District and in such cases where the use of facilities is not restricted to its members and their guests, in the BC Business District. (Cr. #10-87)
ZONING CODE 17.05(7)
(7) INDUSTRIAL AND AGRICULTURAL USES. The following industrial and agricultural uses shall be conditional uses any may be permitted as specified:
(a) Animal hospitals in the Agricultural and Industrial Districts, provided the lot area is not less than 3 acres and all principal structures and uses are not less than 100' from any residential district.
(b) Dumps, disposal areas, incinerators and sewage disposal plants in the Agricultural and Industrial Districts. Municipal earth and sanitary landfill operations may be permitted in any district.
(c) Commercial raising, propagation, butchering or boarding of animals, such as dogs, mink, rabbits, foxes, goats, and pigs; commercial production of eggs; and the hatching, raising, fattening or butchering of fowl; pea vineries, creameries and condenseries in the Agricultural District. Boarding of animals in the Limited Industrial District.
(d) Manufacturing and processing of abrasives, acetylene, acid, alkalis, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candles, carpeting, celluloid, cement, cereals, charcoal, coal tar, coffee, coke, cordage, dextrin, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickles, plaster of paris, plastics, poison, polish, potash, pulp, pyroxylin, radium, rope, rubber, sausage, shoddy, shoe and lampblacking, size, starch, stove polish, textiles and varnish; manufacturing, processing and storage of building materials, dry ice, explosives, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar and yeast; manufacturing and bottling of alcoholic beverages; bag cleaning, bleacheries, canneries, cold storage warehouses; electric and steam generated plants; electroplating; enameling; forges; foundries; garbage incinerators; lacquering; lithographing; offal; rubbish or animal reduction; oil, coal and bone distillation; refineries; road test facilities; slaughterhouses; smelting; stockyards; tanneries; and weaving, in the MG Industrial District, provided they are at least 600 feet from Residential Districts.
(e) Outside storage and manufacturing areas in the Industrial Districts, Wrecking, junk, demolition and scrap yards shall be surrounded by a solid fence or evergreen planting screen, completely preventing a view from any other property or public right-of-way, and shall be at least 600 feet from any Residential District.
(8) MINERAL EXTRACTION OPERATIONS. Mineral extraction operations, including washing, crushing or other processing, are conditional uses and may be permitted in the Industrial Districts and Agricultural District.
(a) Application for conditional use permit shall include the following items in addition to those previously specified:
1. An adequate description of the operation; a list of equipment, machinery and structures to be used; the source, quantity and disposition of water to be used; a topographic map of the site showing existing contours, with minimum vertical contour interval of 5', trees proposed and existing access roads, the depth of all existing and proposed excavations.
ZONING CODE 17.05(8)(a)2.-(cont.)
sureties shall be based on a cost estimate prepared by the owner and approved by the City Engineer. The form and type of such sureties shall be approved by the City Attorney.
(b) Conditional use permit shall be in effect for a period not to exceed 2 years and may be renewed upon application for a period of two years. Modifications or additional conditions may be imposed upon application for renewal.
(c) The Plan Commission shall particularly consider the effect on the proposed operation upon existing streets, neighboring developments, proposed land use, drainage, water supply, soil erosion, natural beauty, character and land value of the locality and shall also consider the practicality of the proposed restoration of the site.
(9) RECREATIONAL USE. (Am. #4-89) (a) Public Recreational Facilities. The following public recreational facilities shall be conditional uses and may be permitted as specified: archery ranges, bathhouses, beaches, boating camps, conservatories, driving ranges, firearm ranges, golf courses, gymnasiums, hunting, ice boating marinas, music halls, polo fields, pools, riding academies, skating rinks, sports fields, stadiums, swimming pools and zoological and botanical gardens in a Residential District or a Business District, provided that the lot area is not less than 3 acres and all structures are not less than 50' from any district boundary, with approval from the Plan Commission.
(b) Commercial Recreational Facilities. Commercial recreational facilities, such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf courses, physical culture, pool and billiard halls, race tracks, rifle ranges, Turkish baths, skating rinks and theaters, are conditional uses and may be permitted in Business Districts.
17.06 MODIFICATIONS AND EXCEPTIONS. (1) LOT WIDTH AND AREA. Requirements as to lot width and area for the construction of a one family dwelling shall not apply to any lot having less than the required area or width at the time of the adoption of this chapter or any amendment thereof increasing the area or width required for such lot and held at that time in separate ownership from that of adjoining land, provided that the area and the width of such existing lot shall be not less than 75% of the required minimum set forth in the schedule of regulations in Section 17.04(7).
(2) HEIGHT. (a) Height limitations of this chapter shall not apply to chimneys, church spires, belfries, standpipes, water towers, flag poles, monuments, transmission towers or cables or radio or television antennas or towers.
(b) Penthouses, stage towers, scenery lifts, elevators, bulkhead, clock towers, cupolas, water tanks and similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit for the district in which the building is located, provided that no such exception shall cover at any level more than 25% of the area of the roof on which it is located, provided further that no such exception shall be used for sleeping or housekeeping purposes or for any commercial purpose other than such as may be incidental to the permitted uses of the main building.
(c) A parapet wall or cornice solely for ornamental purposes may exceed the height limit established for the district, but shall not exceed 5'.
(3) BUILDING SETBACKS. In Residential Districts, except for corner lots, required setbacks shall be modified in the following cases: Where 50% or more of the frontage on a block is occupied by residences having setbacks less than that required by this chapter, the setback, on each remaining lot shall be determined in accordance with the following rule: The front building line of a proposed structure shall be no nearer the front line than a line joining the adjacent front corners of the nearest principal structures which are in the same block frontage on either side of the proposed structure. If on a block frontage no principal structure exists to one side of a proposed structure, a structure may be assumed to exist on the corner lot which conforms to the minimum setback and side yard requirements of this chapter.
ZONING CODE 17.06(4)
(4) EXTENSIONS OF STRUCTURES INTO REQUIRED YARDS. (a) The following extensions shall be permitted into required yards:
1. Canopies and marquees in Business Districts. 6' (not permitted in interior side yards).
2. Cornices and similar extensions. 1'.
3. Open fireproof fire escapes. 3'.
4. Eaves. 2'.
(b) The following restrictions shall apply to the permitted extensions: 1. Cornices, canopies, marquees and similar extensions shall be at least 10' above ground level.
2. Canopies shall, in no case, extend nearer than 3' back of the face of a curb.
(5) EXTENSIONS OF STRUCTURES OVER SIDEWALKS. In the BC Business District canopies attached to business structures at the front property line shall be permitted to extend over the sidewalk subject to the width restriction of par. (4)(a) and the further restriction of par. (4)(b). A zoning permit shall be required for any canopy projecting into the right-of-way of any street. Permit for such structures shall be revocable as provided in (SS) 86.04, WI Stats. No fees shall be charged for zoning permits for canopies.
(6) CORNER SIDE YARDS. The required side yard on the street side of corner lots shall be at least 50% greater than the minimum specified for the district.
(7) REQUIRED BUFFER STRIPS IN INDUSTRIAL DISTRICTS. Where an Industrial District abuts a Residential District, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary, a buffer strip not less than 40' in width as measured at right angles to such lot line. Plant materials at least 6' in height of such variety and growth habits as to provide a year-round, effective visual screen when viewed from the Residential District, shall be planted within the exterior 25' abutting the Residential District. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the Residential District shall be attractively maintained. The exterior 25' of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15' may be devoted to parking of vehicles.
(8) FENCES AND HEDGES. Fences and hedges may be located in required yards as follows:
(a) Except as prohibited for reasons of traffic safety as provided in Section 17.07(1) of this chapter, fences and hedges may be erected or maintained in any yard if not exceeding at any point 4' in height above the surface of the ground at such point.
(b) Except as prohibited for reasons of traffic safety as provided in Section 17.07(1) of this chapter, fences and hedges may be located in any rear yard or side yard if not exceeding at any point 6' in height above the elevation of the surface of the ground at such point, except that on a corner lot abutting in the rear or the side lot line of another lot in the Residential District, no fence or hedge over 4' in height shall be closer to the side lot line than the least depth of the front yard required on such other lot fronting the side street.
(c) Fences shall not be constructed in such a manner to completely obstruct the view. Solid material shall cover no more than 65% of the surface area of a fence.
17.07 TRAFFIC, PARKING, AND ACCESS. (1) TRAFFIC VISIBILITY. No obstructions, such as structures, parking or vegetation, shall be permitted in any district between the heights of 2-1/2 and 10 feet above the plane through the mean curb grades within the triangular space formed by any 2 existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of 15 feet from their intersection (See Figure 4, Appendix) In the case of arterial streets or railways, streets intersecting with the distances establishing the triangular vision clearance space shall be increased to 50 feet. This greater restriction shall not apply in the BC Business District.
ZONING CODE 17.07(2)
(2) LOADING REQUIREMENTS. In all districts, adequate loading areas shall be provided so that all vehicles loading, maneuvering, or unloading shall be completely off the public ways and so that all vehicles need not back onto any public ways.
(3) PARKING REQUIREMENTS. Off street parking stalls shall be provided for all vehicles, in all districts and in connection with every use and every building, at the time said building is erected, in accordance with the following:
(a) Adequate access to a public street shall be provided for each parking space.
(b) Size of each parking stall shall be not less than 180 square feet, exclusive of the space required for ingress and egress.
(c) Location shall be on the same lot as the principal use, or not over 400 feet from the principal use. No commercial or industrial parking area shall be closer than 25 feet to a Residential District lot line or the street line when opposite a Residential District.
(d) 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 5 vehicles shall have the aisles and spaces clearly marked.
(e) Restricted Areas. (Am. #23-95) No front yard of any residential district and no front yard of a lot in any business district upon which a dwelling unit is located shall be used for the parking of a motor vehicle except in approved driveways which may not exceed 30% of the width of the lot or 24 feet whichever is greater, except in multifamily districts where up to 50% of the width of the front yard or 24 feet whichever is greater may be utilized for driveways and parking of motor vehicles in approved driveways. Motor vehicles parked on any other front yard shall not be permitted within five feet of the right-of-way line of a street.
(f) Curbs or barriers shall be installed so as to prevent parked vehicles from extending over any lot lines.
(4) NUMBER OF PARKING STALLS REQUIRED. (Am. #6-97) (a) Single family dwellings and mobile homes - 2 stalls/dwelling unit.
(b) Multifamily dwellings - 2 stalls/dwelling unit plus handicapped requirements
(c) Hotels, Motels, Bed & Breakfast - 1 stall/guest room + 1 stall/2 employees.
(d) Hospitals, clubs, lodges, sororities, dormitories, lodging and boarding houses - 1 stall/2 beds + 1 stall/2 employees.
(e) Sanitariums, institutions, Community Based Residential Facilities, rest and nursing homes - one stall/2 beds plus one stall/2 employees per shift.
(f) Medical and dental clinics - 3 stalls/doctor plus 1 stall/2 employees.
(g) Churches, theaters, auditoriums, community centers, vocational and night schools and other places of public assembly - one stall/5 seats.
(h) Colleges, secondary and elementary schools - one stall / 2 employees
(i) Restaurants, bars, places of entertainment, repair shops, retail and service stores - one stall/150 sq. ft. of floor area.
(j) Manufacturing and processing plants, laboratories and warehouses - one stall/2 employees.
(k) Financial institutions; business, governmental and professional offices - one stall/300 sq. ft. of floor area.
(l) Funeral homes - one stall/4 seats plus one stall/each vehicle used in the business.
(m) Bowling alleys - 5 stalls/alley.
ZONING CODE 17.07(4)(n)
(n) High School - one stall/2 employees plus 1.5 stall/10 students
(5) DRIVEWAYS. All driveways installed, altered, changed, replaced or extended after time effective date of this chapter shall meet the following requirements: (Also see 17.07(3)(e) & 17.03(38))
(a) Opening for vehicular ingress and egress in driveways shall be at least 10' wide at the property line for residential properties and a minimum of 16' wide at the property line for all other uses. Such openings shall not exceed 24' at the property line and 30' at the curb openings for residential and commercial properties or 35' at the property line and 40' at the curb openings for industrial properties. (Am. #18-87)
(b) Islands between driveway openings shall be provided with a minimum of 6' between all driveways and 3' at all lot lines.
(c) Vehicular entrances and exits to drive-in theaters, banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall not be less than 200' from any pedestrian entrance or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter or other place of public assembly.
(6) HIGHWAY AND STREET ACCESS. (a) No direct private access shall be permitted to the existing or proposed rights-of-way of expressways nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction.
(b) No direct public or private access shall be permitted to the existing or proposed rights-of-way of the following:
1. Freeways, interstate highways and their interchanges or turning lanes nor to intersecting or interchanging streets within 1,500' of the most remote end of the taper of the turning lanes.
2. At intersections of all other arterial streets within 100 feet of the intersection of the right-of way lines.
3. At intersection of arterial streets with all lesser streets within 50 feet of the intersection of the right-of-way lines.
4. At intersections of all other streets within 15 feet of the intersection of right-of-way lines.
(c) Access barriers, such as curbing, fencing, ditching, landscaping, or other topographic barriers shall be erected to prevent unauthorized vehicular ingress or egress to the above specified streets or highways.
(d) Temporary access to the above rights-of-way may be granted by the Plan Commission after review and recommendation by the highway agencies having jurisdiction. Such access permits shall be temporary, revocable, and subject to any conditions required, and shall be issued for a period not to exceed 12 months.
17.08 SIGNS. (1) PERMIT REQUIRED. No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a Zoning Permit, except those signs listed in Section 17.08(2), and without being in conformity with the provisions of this Chapter. No fees shall be charged for the Zoning Permit for business or industrial signs when applied for concurrently with the Zoning Permit for the principle use of a site. The sign shall also meet all the structural requirements of the Building Code.
(2) SIGNS IN RESIDENTIAL AND AGRICULTURAL DISTRICTS. Only those signs listed below are permitted in Residential and Agricultural Districts. All other signs are prohibited.
(a) Signs over show windows or doors of a non-conforming business or industrial establishment, announcing, without display or elaboration, only the name and occupation of the proprietor, and not to exceed 2 feet in height and 20 feet in length.
ZONING CODE 17.08(2)( b)
(b) Real estate signs not to exceed 8 square feet in area, which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.
(c) Name, occupation, and warning signs, not to exceed 2 square feet, located on the premises.
(d) Bulletin boards for public, charitable or religious institutions, not to exceed 8 square feet in area, located on the premises.
(e) 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.
(f) Official signs, such as traffic control and parking restrictions, information and notices.
(g) Temporary signs or banners, when authorized by the Plan Commission.
(h) Billboards, when authorized by the Plan Commission.
(3) SIGNS IN BUSINESS AND INDUSTRIAL DISTRICTS. Signs are permitted in all Business and Industrial Districts, subject to the following restrictions:
(a) Signs Prohibited in Public Ways. (Am. #2-82) Except for traffic signals, signs specifically permitted to project into the public way by this chapter or any other sign so authorized by law, no signs shall be placed upon, over or in any public way. Except for signs projecting from business buildings located on the front property line or projecting from supporting structures located behind the front property line, any signs located or encroaching upon any public way shall be removed not later than December 31, 1981. Permits for signs projecting into the right-of-way of any street shall be revocable as provided in (SS) 86.04, WI Stats.
(b) 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 view of or be confused with any authorized traffic sign, traffic signal or other traffic device, nor shall any sign make use of the words "STOP", "LOOK", "DRIVE-IN", "DANGER" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse character in such a manner as to interfere with, mislead or confuse traffic.
(c) Ground Signs. (Am. #23-96;#5-97) One ground sign will be permitted, in addition to a sign mounted on the building facade. The area of this sign shall not exceed 100 sq. ft. on one side and 200 sq. ft. on all faces; and shall not exceed 30 feet in height.
(d) Vacant lots upon which billboards now exist shall be maintained in an orderly fashion by the frequent and periodic removal of rubbish, and maintenance of any verdure growing on the lot.
(e) Signs Projecting into Street. No sign shall project more than 72" into any street and must conform to the requirements of Section 17.06(4)(b).
(f) At the termination of a business, commercial or industrial enterprise, all signs shall forthwith be removed from the public view. Responsibility for violations shall reside with the property owner, according to the latest official tax roll listings.
(g) In a shopping center or industrial park, one free standing identification sign may be permitted, showing the name of the center or park and the represented businesses or industries. The area of this sign shall not exceed 100 sq. ft. on one face and 200 sq. ft. on all faces. This sign shall not be permitted within 20' of the right-of-way line of the street. ( See Figure 6, Appendix.)
ZONING CODE 17.08(3)(h)
the premises abut a parking lot, the total display area may be increased by 0.5 sq. ft. per linear foot of width or length of the building fronting on such parking lot. This increased display area shall only be utilized for the erection of a permitted sign on that part of the building, which abuts the parking lot. In no case shall the wall area usable for sign display be in excess of 200 sq. ft., 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. (See figure 5, Appendix.)
(i) Business and industrial signs mounted on buildings shall not be permitted to project more than 72" beyond the building line and must conform to the requirements of Section 17.06(4)(b).
(j) No more than one business or industrial sign shall be permitted on the front facade of any business or industrial building, including any advertisement permanently fastened to show windows or display cases. Only one business or industrial sign shall be permitted on each side or rear wall of a business or industrial building. Existing business or industrial signs conflicting with this provision shall be removed not later than December 31, 1981. (Am. #2-82)
(k) Necessary directional ground signs not exceeding 4 sq. ft. in area will be permitted.
(l) Lighting. Business and industrial signs may be internally lighted or illuminated by a hooded reflector, provided, however, that this lighting shall be arranged to prevent glare, and no sign shall have lighting of an intermittent or varying intensity. Animated signs, signs having moving parts, signs which may be mistaken for traffic signal devices or signs which diminish the visibility or effectiveness of such traffic signal devices are prohibited.
(m) Obstruction of Openings. 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.
(n) Street Intersections. 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.
(o) Height. No sign shall be erected above the roof line of a building or more than 30' from the ground.
(p) Billboards, outdoor advertising signs and any business or industrial signs not located on the same property as the business or industry advertised shall not be permitted in any district without the approval of the Plan Commission.
(q) Hanging Signs. Signs shall be permitted to hang from canopies or covered walks in Business or Industrial Districts, provided that there shall be only one sign (not to exceed 5 sq. ft. in area) for each business and that the sign shall be at least 10' above ground level.
(4) EXISTING SIGNS. Signs lawfully existing at the time of adoption or amendment of this chapter may be continued, although the use, size or location does not conform with the provisions of this chapter. However, it shall be deemed a non-conforming use or structure and the provisions of Section 17.09 shall apply.
(5) BONDING. Every applicant for a zoning permit for a sign shall, before the permit is granted, execute a surety bond in a sum to be fixed by the Zoning Inspector, but not to exceed $25,000.00, and it shall be of a form and type approved by the City Attorney, indemnifying the City by reason of the erection, construction or maintenance of such sign. A liability insurance policy issued by an insurance company authorized to do business in the State and conforming to the requirements of this section may be permitted by the City Attorney in lieu of a bond.
ZONING CODE 17.09
17.09 NON-CONFORMING USES, STRUCTURES AND LOTS. (1) EXISTING NON-CONFORMING USES. The lawful non-conforming 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 with the provisions of this chapter provided, however:
(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 to comply with the provisions of this chapter. Non-conforming residential uses may, however, be expanded to allow accessory uses or structures permitted in the R-1 District if such expansion conforms with lot area, lot width, yard requirements and lot coverage requirements of such district as contained in Section 17.03(15) and 17.04(7) of this chapter. (Am. #4-89)
(b) The total lifetime structural repairs or alterations shall not exceed 50% of the fair market value of the structure at the time of its becoming a non-conforming use, unless it is permanently changed to conform to the use provisions of this chapter.
(2) ABOLISHMENT OR REPLACEMENT. If such non-conforming 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 non-conforming 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 marked value, it shall not be restored, except so as to comply with the use provisions of this chapter. A current file of all non-conforming uses shall be maintained by the Zoning Inspector, listing the owner's name and address; use of the structure, land or water; and fair market value at the time of its becoming a non-conforming use.
(3) EXISTING NON-CONFORMING STRUCTURES. (Am. #16-90)(a) A lawful non-conforming structure existing at the time of the adoption or amendment of this chapter may be continued, although it does not conform with the provisions of this chapter, including, without limitation by enumeration, size, location, lot area, yard, height, parking, loading or access. Such structure shall not be extended, enlarged, reconstructed, moved or structurally altered unless such structure contains a conforming use and such extension, enlargement, reconstruction, move or structural alteration is:
1. Required by law or order; or
2. Reconstruction or relocation of a moved structure complies with all provisions of this chapter; or
3. The enlargement, extension or structural alteration is itself in conformance with all provisions of this chapter; or
4. The Board of Appeals grants a variance for extension, enlargement, or structural alteration.
(b) Structures housing non-conforming uses are governed by pars. 17.09(1)(a) and (b) above, and Wisconsin Statutes Section 62.23(7)(h).
(4) CHANGES AND SUBSTITUTIONS. Once a non-conforming use or structure has been changed to conform, it shall not revert back to a non-conforming use or structure. Once the Board of Appeals has permitted the substitution of a more restrictive non-conforming use for an existing non-conforming use, the substituted use shall lose its status as a legal non-conforming use and become subject to all the conditions required by the Board of Appeals.
ZONING CODE 17.10
17.10 PERFORMANCE STANDARDS. (1) COMPLIANCE. This chapter permits specific uses in 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.
(2) 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 other forms of property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grains 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 Mine's "Information Circular 7718," in any Industrial District.
(3) 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.
(4) GLARE AND HEAT. Any operation producing intense glare or heat, such as combustion or welding, shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard across lot lines. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines. Illumination which has its source in a manufacturing district shall, in no case, be permitted to exceed 0.1 foot candle in an adjoining Residence District.
(5) 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 that they can contaminate pollute or harm the quantity or quality of any water supply; can cause emission of dangerous or offensive elements; can overload the existing municipal utilities; or can injure or damage persons or property.
(6) NOISES. No activity shall produce a sound level outside its premises that exceeds the following sound level, measured by a sound level meter and associated octave band filter;
per second Level
0 to 75 72
75 to 150 67
150 to 300 59
300 to 600 52
600 to 1200 46
1200 to 2400 40
2400 to 4800 34
Above 4800 32
All noise shall be so muffled or otherwise controlled as not to become objectionable due to intermittence, duration, beat frequency, impulse character or shrillness.
(7) VIBRATION. There shall be no vibrations emanating from any operation which will be discernible to human feeling beyond the boundaries of the immediate site.
ZONING CODE 17.10(8)
(8) ODORS. No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious, or unhealthful outside the premises.
(9) RADIOACTIVITY AND ELECTRICAL DISTURBANCES. No activity shall emit radioactivity or electrical disturbance outside its premises that are dangerous or adversely affect the use of neighboring premises.
17.11 BOARD OF APPEALS. (1) ESTABLISHMENT. There is hereby established a Board of Appeals for the purpose of hearing appeals and applications, and granting variances and exceptions to the provisions of this Zoning Code, in harmony with the purpose and intent of the Zoning Code.
(2) MEMBERSHIP. (Rep. & Rec. #11-72) (a) Statute Adopted. Sec. 62.23(7)(e)2., WI Stats., is hereby adopted by reference.
(b) Compensation. The members shall serve without compensation.
(c) Oaths. An Official oath shall be taken by each member in accordance with (SS) 19.01, WI Stats., within 10 days of receiving notice of his appointment.
(d) Employees. The Secretary shall be the City Clerk. The Zoning Inspector shall attend all meetings for the purpose of providing technical assistance when requested by the Board.
(3) ORGANIZATION. The Board of Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.
(a) Meetings shall be held at the call of the Chairman and shall be open to the public.
(b) Minutes of the proceedings and a record of all actions shall be kept by the secretary, showing the vote of each member upon each question, the reasons for the Board's determination and its finding of facts. These records shall be immediately filed in the office of the Board and shall be a public record.
(c) The concurring vote of 4 members of the Board shall be necessary to correct an error, grant a variance, make an interpretation, or permit a utility, temporary, unclassified or substitute use.
(4) POWERS. The Board of Appeals shall have the following powers:
(a) Errors. To hear and grant appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Inspector.
(b) Variances. To hear and grant appeals for variances that 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 and purposes of this chapter shall be observed and the public safety, welfare and justice be secured. Use variances shall not be granted.
(c) Interpretations. To hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts after the Plan Commission has made a review and recommendation.
(d) Substitutions. (Am. #1-82) To hear and grant applications for substitution of non-conforming uses which are closer to the zoning type in effect for the area, provided no structural alterations are to be made and the Plan Commission has made a review and recommendation. Whenever the Board permits such substitution, the use may not thereafter be changed without application.
ZONING CODE 17.11(4)(f)
(f) Temporary Uses. To hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, are compatible with the neighboring uses and that the Plan Commission has made a review and recommendation. The permit shall be temporary, revocable, subject to any conditions required by the Board of Appeals and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.
(g) Permits. The Board may reverse, affirm wholly or partly, or modify the requirements appealed from and may issue or direst the issue of a permit.
(h) Assistance. The Board may request assistance form other officers, departments, commission and boards.
(i) Oaths. The Chairman may administer oaths and compel the attendance of witnesses.
(5) APPEALS AND APPLICATIONS. Appeals from the decision of the Zoning Inspector concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board or bureau. Such appeals shall be filed with the Secretary within 30 days after the date of written notice of the decision or order of the Zoning Inspector. Application may be made by the owner or lessee of the structure, land or water to be affected at any time and shall be filed with the Secretary. Such appeals and applications shall include the following:
(a) Names and addresses of the appellant or applicant and all abutting and opposite property owners of record.
(b) Plat or survey prepared by a registered land surveyor, showing all of the information required under Section 17.02(4) for a zoning permit.
(c) Additional information required by the Plan Commission, City Engineer, Board of Appeals or Zoning Inspector.
(d) Fee receipt from the City Administrator in the amount of $100. (Am. #9-90; #3-96)
(6) NOTICE AND HEARING. (Rep. & Rec. #11-73) The Board of Appeals shall fix a reasonable time for the public hearing of the appeal or other matter referred to it. Notice of date, time and place of such hearing shall be published as a Class 1 notice, under Ch. 985, WI Stats., not less than 10 nor more than 30 days preceding said hearing. The Secretary shall notify by regular mail the appellant or applicant and all abutting and opposite property owners as listed by the appellant or applicant, of the time, date and subject matter of the hearing. The Secretary shall also give due notice to the Zoning Inspector and the Plan Commission. Upon the hearing, any party may appear in person or by agent or by attorney. The Board shall make its findings and decision within 30 days from the hearing.
(7) FINDINGS. No variance to the provisions of this chapter shall be granted by the Board unless it finds beyond a reasonable doubt that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(a) Exceptional Circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district, and the granting of the variance would not be of so general or recurrent nature as to suggest that the Zoning Code should be changed.
(b) Preservation of Property Rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and the same vicinity.
ZONING CODE 17.11(8)
(8) DECISION. The Board of Appeals shall decide all appeals and applications within 30 days after the final hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant, Zoning Inspector, and Plan Commission.
(a) Conditions may be placed upon any Zoning Permit ordered or authorized by this Board.
(b) Variances, substitutions, or use permits ordered by the Board shall expire within 6 months, unless substantial work has been commenced pursuant to such grant.
(9) REVIEW BY COURT OF RECORD. Any person or persons aggrieved by any decision of the Board of Appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board of Appeals.
17.12 CHANGES AND AMENDMENTS. (1) 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.
(2) INITIATION. A change or amendment may be initiated by the City Council, Plan Commission, or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.
(3) PETITION. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the City Clerk describing the premises to be rezoned or the regulations to be amended, listing the reasons justifying the petitions, specifying the proposed use and have attached the following:
(a) Plot drawn to a scale of one inch equals 100 feet, showing the area proposed to be rezoned, its location 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.
(b) Names and address of owners of all properties lying within 200' of the area proposed to be rezoned.
(c) Additional information required by the Plan Commission or City Council.
(d) Fee receipt from the City Administrator in the amount of $150. (Am. #9-90; #3-96)
(4) RECOMMENDATIONS. The Plan Commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as required, 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 City Council. The Plan Commission shall review all proposed changes and amendments within the zoning jurisdiction and shall vote on the matters within its jurisdiction.
(5) HEARINGS. The City Council shall hold a public hearing giving prior notice by a Class 2 publication under Ch. 985, WI Stats., in the official City Newspaper, listing the time, place and the changes or amendments proposed. The City Council shall also, upon each recommendation, give at least 10 days prior written notice to the Clerk of any municipality within 1,000' of any land to be affected by the proposed change or amendment.
(6) ADOPTION. (Am. #9-81) Following such hearing and after careful consideration of the Plan Commissioner's recommendations, the City Council shall vote on a passage of the proposed change or amendment.
(7) PROTEST. In the event of a protest against a district change or amendment to the regulations of this chapter, signed and acknowledged by the owners of 20% or more of the land included in the proposed change, by the owners of 20% or more of the land immediately adjacent extending 100' therefrom or by the owners of 20% of the land directly opposite thereto extending 100' from the street frontage of such opposite land, these changes or amendments shall not become effective except by the favorable vote of 3/4 of the full City Council membership.
ZONING CODE 17.13
17.13 SITE PLAN APPROVAL. (1) SITE PLAN APPROVAL. All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for one- and 2-family residences in Residential Districts, shall require site plan approval by the Zoning Inspector, in accordance with the requirements of this section. Applications requiring site plan approval which propose unusual or complex developments may be referred by the Zoning Inspector to the Plan Commission for approval.
(2) APPLICATION. An application for any such Zoning Permit shall be submitted to the Zoning Inspector in quadruplicate. The applicant shall also submit, in quadruplicate, a site plan and sufficient plans and specification of proposed buildings, machinery and operations to enable the Plan Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.
(3) ADMINISTRATION. When action of the Plan Commission is deemed necessary, the Zoning Inspector shall make a preliminary review of the application and plans and refer them, along with a report of his findings, to the Plan Commission within 10 days. The Plan Commission shall review the application and may refer the application and plans to one or more expert consultants selected by the Commission to advise whether the application and plans meet all the requirements applicable thereto in this Chapter. Within 45 days of its receipt of the application, the Commission shall authorize the Zoning Inspector to issue or refuse a Zoning Permit. The Zoning Inspector shall then act on the permit within 5 days in accordance with the recommendation of the Commission.
(4) REQUIREMENTS. In acting on any site plan, the Zoning Inspector and the Plan Commission shall consider the following:
(a) The appropriateness of the site plan and the buildings in relation to the physical character of the site and the usage of adjoining land areas.
(b) The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and loading and unloading; and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.
(c) The adequacy of the proposed water supply, drainage facilities, and sanitary and waste disposal.
(d) The landscaping and appearance of the completed site. The Plan Commission may require that those portions of all front, rear, and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants, or grass lawns, and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.
(5) EFFECT ON MUNICIPAL SERVICES. Before granting any site approval, the Zoning Inspector and the Plan Commission may, beside obtaining advise from consultants, secure such advice as may be deemed necessary from the City Engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Such additional facilities be needed, the Plan Commission shall forward its recommendations to the City Council and shall not issue final approval until the City Council has entered into an agreement with the applicant regarding the development of such facilities.
(6) FEE FOR SITE PLAN APPROVAL. A fee of $10.00 will be charged for the filing of an application for site plan approval. The applicant will also be required to pay the cost of any consultant's reports which may be required by the Plan Commission under Section 17.13(3).
17.14 FLOODPLAIN ZONING. (Cr. #6-70; Rep. #20-95)