A.
Jurisdiction. The jurisdiction of this chapter shall apply to all
structures, land, water and air within the corporate limits of the
City of New Lisbon.
B.
Compliance. No new structure, new use of land, water or air or change
in the use of land, water or air shall hereafter be permitted and
no structure or part thereof shall hereafter be located, erected,
moved, reconstructed, extended, enlarged, converted or structurally
altered without a zoning permit and without full compliance with the
provisions of this chapter and all other applicable local, county
and state regulations.
C.
District regulations to be complied with. Except as otherwise provided,
the use and height of buildings hereafter erected, converted, moved,
enlarged or structurally altered and the use of any land shall be
in compliance with the regulations established herein for the district
in which such building or land is located.
D.
Yard reduction or joint use.
(1)
No lot, yard, parking area, building area or other space shall be
reduced in area or dimension so as not to meet the provisions of this
chapter. 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.
(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.[1]
[1]
Editor's Note: Original Sec. 13-1-20(e), One main building per lot, and (f), Lots abutting more restrictive district, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 520-10, Site regulations, Subsection B, Principal structures, and Subsection D, Lots abutting more restrictive district.
Only the following uses and their essential services may be
allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses specified
for a district.
B.
Accessory uses. Accessory uses and structures as specified are permitted
in any district but not until their principal structure is present
or under construction.
C.
Conditional uses.[1]
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing, recommendation by the Plan Commission and approval by Common Council in accordance with Article V of this chapter, excepting those existent at the time of adoption of this chapter.
(2)
Proposed change from permitted use in a district to conditional use shall require review, public hearing, recommendation by the Plan Commission and approval by the Common Council in accordance with Article V of this chapter.
(3)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing, recommendation by the Plan Commission and approval by the Common Council in accordance with Article V of this chapter.
(4)
Conditional uses authorized by Common Council resolution shall be
established for a period of time to a time certain or until a future
happening or event at which the same shall terminate.
D.
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 Zoning Administrator.
E.
Uses not specified.
(1)
Uses not specified in this chapter which are found by the Common
Council to be sufficiently similar to specified permitted uses for
a district shall be allowed by Zoning Administrator.
(2)
Uses not specified in this chapter which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Common Council after consideration and recommendation by the Plan Commission, public hearing and approval in accordance with Article V of this chapter.[2]
A.
Street frontage. All lots shall abut upon a public street or other
officially approved means of access, and each lot shall have a minimum
frontage of 50 feet; however, to be buildable, the lot shall comply
with the frontage requirements of the zoning district in which it
is located.
B.
Principal structures. All principal structures shall be located on
a lot. Only one principal structure shall be located, erected or moved
onto a lot. The Common Council may permit as a conditional use more
than one principal structure per lot in any district where more than
one such structure is needed for the orderly development of the parcel.
Where additional structures are permitted, the Common Council may
impose additional yard requirements, landscaping requirements or parking
requirements or require a minimum separation distance between principal
structures.
C.
Dedicated street. 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.
D.
Lots abutting more restrictive district. Lots abutting more restrictive
district boundaries shall provide side and rear yards not less than
those required in the more restrictive abutting district. The street
yard setbacks in the less restrictive district shall be modified for
a distance of not less than 60 feet from the more restrictive district
boundary line so that such street yard setbacks shall be no less than
the average of the street yards required in both districts.
E.
Site suitability. No land shall be used or structure erected where
the land is held unsuitable for such use or structure by the Common
Council 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 this community. The Common Council, in applying
the provisions of this subsection, 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 Common Council may affirm, modify or withdraw its determination
of unsuitability.
F.
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 in increasing any portion
of the slope to a ratio greater than 1 1/2 horizontal to one 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 Common Council, or which would alter the existing
drainage or topography in any way so 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.
G.
Decks; porches. For purposes of this chapter, decks and porches shall
be considered a part of a building or structure. However, unenclosed
porches not exceeding 50 square feet in area, whether covered or uncovered,
may project up to six feet into a required front setback area.
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.
Churches, schools, hospitals, sanatoriums and other public and quasi-public
buildings may be erected to a height not exceeding 36 feet or three
stories, provided that the front, side and rear yards required in
the district in which such building is to be located are each increased
at least one foot for each foot of additional building height above
the height limit otherwise established for the district in which such
building is to be located.
B.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments,
penthouses, stacks, scenery lofts, tanks, water towers, ornamental
towers, spires, wireless television or broadcasting towers, masts
or aerials, microwave radio relay structures, telephone, telegraph
and power poles and lines and necessary mechanical appurtenances are
hereby excepted from the height regulations of this chapter and may
be erected in accordance with other regulations or codes of the City.
C.
Residences in a residence district may be increased in height by
not more than 10 feet when all yards and other required open spaces
are increased by one foot for each foot that such building exceeds
the height limit of the district in which it is located.
D.
Buildings on through lots and extending from street to street may
have waived the requirement for a rear yard 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.
E.
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 24 inches.
