For the purpose of this chapter, the City of New Lisbon is hereby
divided into the following zoning districts:
A.
R-1 Single- and Two-Family Residential District (Low Density).
B.
R-2 Single- and Two-Family Residential District (Medium Density).
C.
R-3 Multiple-Family Residential District.
D.
C-1 Conservancy District.
E.
B-1 General Business District.
F.
B-2 Highway Business District.
G.
DB-1 Downtown Business District.
H.
I-1 Industrial/Commercial District.
I.
I-2 Industrial/Commercial/Special District.
J.
P-1 General Park District.
K.
A-1 Agricultural District.
A.
Zoning Map. The boundaries of the districts enumerated in § 520-12 above are hereby established as shown on a map titled "Zoning Map, City of New Lisbon, Wisconsin," which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Mayor and the City Clerk-Treasurer and shall be available to the public in the office of the City Clerk-Treasurer.
B.
Boundary lines.
(1)
The boundaries shall be construed to follow corporate limits; U.S.
Public Land Survey lines; lot or property lines; center lines of streets,
highways, alleys, easements and railroad rights-of-way; or such lines
extended, unless otherwise noted on the Zoning Map.
(2)
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be lot lines,
and where the designations on the Zoning Map are approximately bounded
by lot lines, said lot lines shall be construed to be the boundary
of the district.
(3)
In unsubdivided property, the district boundary lines shown on the
Zoning Map shall be determined by use of the scale shown on such map.
C.
Vacation. Vacation of public streets and alleys shall cause the land
vacated to be automatically placed in the same district as the abutting
side to which the vacated land reverts.
A.
Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of primarily single-family and two-family
detached dwelling units at a low dwelling unit per acre density.
B.
Permitted uses. The following uses of land are permitted in the R-1
District:
(1)
Single-family dwellings, excluding all mobile homes; for purposes
of this chapter manufactured homes are included in the definition
of "single-family dwelling."
(2)
Manufactured homes complying with all of the following requirements
and limitations:
(a)
The home shall be a double wide of at least 24 feet in width
and 36 feet in length.
(b)
The home shall be installed on an approved foundation system
in conformity with the Uniform Building Code. The wheels and axles
must be removed. The enclosed foundation system shall be approved
by the Building Inspector and/or City Engineer; the Building Inspector
may require a plan to be certified by a registered architect or engineer
to ensure proper support for the home.
(c)
The home shall be equipped with foundation siding which in design,
color and texture appears to be an integral part of the adjacent exterior
wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope
of two inches in 12 inches which is permanently covered with nonreflective
material.
(e)
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the City of New Lisbon.
(3)
One private garage with not more than three stalls for each residential parcel, per § 520-94 specifications.
(4)
Accessory uses and buildings as follows:
(5)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(6)
Foster family care.
(8)
Uses customarily incident to any of the above uses, provided that
no such use generates traffic or noise that would create a public
or private nuisance.
C.
Conditional uses. The following are permitted as conditional uses
within the R-1 District:
(1)
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
(2)
Two-family dwellings.
(3)
Utilities (electric substations, telephone switching stations, gas
regulators, etc.).
(5)
Churches, schools, and public buildings, except public buildings
housing uses incompatible with the characteristics of the district,
such as sewage systems, incinerators and shops.
(6)
Public utility structures, except those incompatible with the characteristics
of the district.
(7)
Parks and playgrounds.
(9)
Golf courses and private clubs.
(11)
Sewage disposal facilities.
(12)
Nursery schools.
(13)
Hospitals and medical clinics.
(14)
Cemeteries.
A.
Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of primarily single-family and two-family
detached dwelling units at a medium dwelling unit per acre density.
It particularly reflects older neighborhoods in the City of New Lisbon.
B.
Permitted uses. The following uses of land are permitted in the R-2
District:
(1)
Single-family dwellings, excluding all mobile homes; for purposes
of this chapter manufactured homes are included in the definition
of "single-family dwelling."
(2)
Manufactured homes complying with all of the following requirements
and limitations:
(a)
The home shall be a double wide of at least 24 feet in width
and 36 feet in length.
(b)
The home shall be installed on an approved foundation system
in conformity with the Uniform Building Code. The wheels and axles
must be removed. The enclosed foundation system shall be approved
by the Building Inspector and/or City Engineer; the Building Inspector
may require a plan to be certified by a registered architect or engineer
to ensure proper support for the home.
(c)
The home shall be equipped with foundation siding which in design,
color and texture appears to be an integral part of the adjacent exterior
wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope
of two inches in 12 inches which is permanently covered with nonreflective
material.
(e)
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the City of New Lisbon.
(3)
One private garage with not more than three stalls for each residential parcel, per § 520-94 specifications.
(4)
Accessory uses and buildings as follows:
(5)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(6)
Foster family care.
(8)
Uses customarily incident to any of the above uses, provided that
no such use generates traffic or noise that would create a public
or private nuisance.
C.
Conditional uses. The following are permitted as conditional uses
within the R-2 District:
(1)
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
(2)
Two-family dwellings.
(3)
Utilities (electric substations, telephone switching stations, gas
regulators, etc.).
(4)
Bed-and-breakfast establishments.
[Amended 10-21-2013 by Ord. No. 2013-1]
(5)
Churches and public buildings, except public buildings housing uses
incompatible with the characteristics of the district, such as sewage
systems, incinerators and shops.
(6)
Public utility structures, except those incompatible with the characteristics
of the district.
(7)
Parks and playgrounds.
(9)
Golf courses and private clubs.
(11)
Sewage disposal facilities.
(12)
Nursery schools.
(13)
Hospitals and medical clinics.
(14)
Cemeteries.
(15)
Nonprofit organizations or uses designed to promote public welfare
including, but not limited to, benevolent associations (e.g. Optimists,
Lions, etc) and teen centers.
[Added 11-17-2014 by Ord.
No. 0818-01-2014]
A.
Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of multiple-family dwelling units
at varying dwelling units per acre densities.
C.
Conditional uses.
(1)
Parks and playgrounds.
(2)
Professional home offices.
(3)
Planned residential developments.
(4)
Golf courses and private clubs.
(5)
Sewage disposal facilities.
(6)
Utilities.
(7)
Schools and churches.
(8)
Government, cultural, and public uses, such as fire and police stations,
community centers, libraries, public emergency shelters and museums.
(9)
Home occupations.
(10)
Nursery schools.
(11)
Retirement homes.
(12)
Single-family dwellings.
(13)
Mobile home parks.
A.
Purpose. The purpose of this district is to preserve, protect, and
maintain the natural environment and character of areas exhibiting
significant natural resource features which contribute to the productive,
recreational, or aesthetic value of the community.
B.
Permitted uses.[1]
(1)
Forest and game management; wildlife preserves.
(2)
Hunting, fishing and hiking.
(3)
Parks and recreation areas, arboreta, botanical gardens and greenways.
(4)
Nonresidential buildings used solely in conjunction with the raising
of waterfowl or fish.
(5)
Harvesting of wild crops.
(6)
Recreation-related structures not requiring basements.
(7)
Preservation of scenic, historic, and scientific areas.
(8)
Public fish hatcheries.
(9)
Soil and water conservation.
(10)
Sustained yield forestry.
C.
Conditional uses.[2]
(1)
Animal hospitals, shelters and kennels.
(2)
Archery ranges, sports fields and skating rinks.
(3)
Land restoration, flowage, and ponds.
(4)
Golf courses and clubs.
(5)
Ski hills and trails.
(6)
Recreation camps.
(7)
Public and private campgrounds.
(8)
Sewage disposal plants.
(9)
Governmental, cultural and public buildings or uses.
(10)
Utilities.
(11)
Hunting and fishing clubs.
(12)
Farm structures.
(13)
Grazing.
A.
Purpose. The B-1 District is intended to provide an area for the
business, financial, professional, and commercial needs of the community,
especially those which can be most suitably located in a compact,
centrally located traditional business district.
B.
Permitted uses. The following uses of land are permitted in the B-1
District:
(1)
Paint, glass and wallpaper stores.
(2)
Hardware stores.
(3)
Department stores, variety stores, and general merchandise stores.
(4)
General grocery stores, supermarkets, fruit and vegetable stores,
delicatessens, meat and fish stores and miscellaneous food stores.
(5)
Candy, nut or confectionery stores.
(6)
Dairy products stores, including ice cream stores.
(7)
Retail bakeries, including those which produce some or all of the
products sold on the premises, but not including establishments which
manufacture bakery products primarily for sale through outlets located
elsewhere or through home service delivery.
(8)
Clothing and shoe stores.
(9)
Furniture, home furnishings, floor covering and upholstery shops/stores.
(10)
Restaurants, lunch rooms and other eating places, except drive-in
type establishments.
(11)
Taverns, bars and other drinking places with permit by Common
Council.
(12)
Drugstores and pharmacies.
(13)
Liquor stores.
(14)
Antique stores and secondhand stores.
(15)
Sporting goods stores and bicycle shops.
(16)
Bookstores, not including adult books.
(17)
Stationery stores.
(18)
Jewelry and clock stores.
(19)
Camera and photographic supply stores.
(20)
Gift, novelty and souvenir shops.
(21)
Florist shops.
(22)
Tobacco and smokers' supplies stores.
(23)
News dealers and newsstands.
(24)
Wholesale merchandise establishments only for retail items listed above; e.g., Subsection B(19) would allow wholesale camera sales.
(25)
Banks and other financial institutions.
(26)
Offices of insurance companies, agents, brokers and service
representatives.
(27)
Offices of real estate agents, brokers, managers and title companies.
(28)
Miscellaneous business offices.
(29)
Heating and plumbing supplies.
(30)
Retail laundry and dry-cleaning outlets, including coin-operated
laundries and dry-cleaning establishments, commonly called "laundromats"
and "launderettes," tailor shops, dressmakers' shops, and garment
repair shops, but not garment pressing establishments, hand laundries,
or hat cleaning and blocking establishments.
(31)
Photographic studios and commercial photography establishments.
(32)
Barbershops, beauty shops and hairdressers.
(33)
Shoe repair shops and shoe shine parlors.
(34)
Trade and contractors' offices (office only).
(35)
Advertising agencies, consumer credit reporting, news agencies,
and employment agencies.
(36)
Duplicating, blueprinting, photocopying, addressing, mailing,
mailing list and stenographic services; small print shops.
(37)
Computer services.
(38)
Commercial parking lots, parking garages, and parking structures.
(39)
Watch, clock and jewelry repair services.
(40)
Motion-picture theaters, not including drive-in theaters.
(41)
Miscellaneous retail stores.
(42)
Offices/clinics of physicians and surgeons, dentists and dental
surgeons, osteopathic physicians, optometrists and chiropractors,
but not veterinarians' offices.
(43)
Law offices.
(44)
The offices, meeting places, churches, and premises of professional
membership associations; civic, social, and fraternal associations;
business associations, labor unions and similar labor organizations;
political organizations; religious organizations; charitable organizations;
or other nonprofit membership organizations.
(45)
Engineering and architectural firms or consultants.
(46)
Accounting, auditing and bookkeeping firms or services.
(47)
Professional, scientific, or educational firms, agencies, offices,
or services, but not research laboratories or manufacturing operations.
(48)
The offices of governmental agencies and post offices.
(49)
Public transportation passenger stations, taxicab company offices,
and taxicab stands, but not vehicle storage lots or garages.
(50)
Telephone and telegraph offices.
C.
Conditional uses. The following are permitted as conditional uses
in the B-1 District, provided that no nuisance shall be afforded to
the public through noise, the discharge of exhaust gases from motor-driven
equipment, unpleasant odors, smoke, steam, harmful vapors, obnoxious
materials, unsightly conditions, obstruction of passage on the public
street or sidewalk, or other conditions generally regarded as nuisances,
and provided that where operations necessary or incident to the proper
performance of these services or occupations would tend to afford
such nuisances, areas, facilities, barriers, or other devices shall
be provided in such a manner that the public is effectively protected
from any and all such nuisances. These uses shall be subject to the
consideration of the Common Council with regard to such matters.
(1)
Miscellaneous repair shops and related services.
(2)
Garment pressing establishments, hand laundries, and hat cleaning
and blocking shops.
[Amended 10-21-2013 by Ord. No. 2013-1]
(3)
Establishments engaged in the publishing and printing of newspapers,
periodicals or books.
(4)
Residential units located on the ground level and/or second story
of a commercial structure, provided that proper living area, sanitary
facilities and adequate means of ingress/egress exist; the Common
Council may impose appropriate requirements and/or limitations on
such residential commercial uses.
(5)
Farm supplies, wholesale trade.
(6)
Establishments engaged in the retail sale of automobiles, trailers,
mobile homes, or campers.
(7)
Stores for the sale and installation of tires, batteries, mufflers
or other automotive accessories.
(8)
Gasoline service stations, provided, further, that all gasoline pumps,
storage tanks and accessory equipment must be located at least 30
feet from any existing or officially proposed street line.
(9)
Establishments engaged in the daily or extended-term rental or leasing
of house trailers, mobile homes or campers.
(10)
Establishments engaged in daily or extended-term rental or leasing
of passenger automobiles, limousines or trucks, without drivers, or
of truck trailers or utility trailers.
(11)
Establishments for the washing, cleaning or polishing of automobiles,
including self-service car washes.
(12)
Hotels, motor hotels, motels, tourist courts, tourist rooms,
etc.
(13)
Telecommunications facilities and antennas as provided by Article XI of this chapter.
[Amended 10-21-2013 by Ord. No. 2013-1]
(14)
Commercial storage of vehicles, recreation vehicles, boats,
and miscellaneous storage.
[Added 12-6-2018 by Ord.
No. 1119-18-01]
A.
Purpose. The purpose of this district is to encourage the growth
and development of business activities and establishments which require
highway frontage and exposure due to their automobile and vehicular
orientation.
B.
Permitted uses. The following uses of land are permitted in the B-2
District.
[Amended 6-13-2016 by Ord. No. 0516-16-01]
(1)
Public assembly uses.
(2)
Public parking lots.
(3)
Golf courses.
(4)
Sewage disposal plants.
(5)
Governmental, cultural and public buildings or uses, such as fire
and police stations, community centers, libraries, public emergency
shelters, parks, playgrounds and museums.
(6)
Utilities.
(7)
Schools and churches.
C.
Conditional uses. The following are specific conditional uses in
this district:
[Amended 10-21-2013 by Ord. No. 2013-1; 3-20-2006 by Ord. No. 2006-1; 5-16-2016 by Ord. No. 0425-16-01; 6-13-2016 by Ord. No. 0516-16-01]
(1)
Amusement activities.
(2)
Automobile and truck sales and services; nonsalvage automotive parts
stores.
(3)
Automobile repair services.
(4)
Bars and taverns.
(5)
Candy, nut and confectionery sales.
(6)
Gasoline service stations; convenience stores.
(7)
Gift, novelty and souvenir sales.
(8)
Hotels, motels and tourist courts.
(9)
Nightclubs and dance halls.
(10)
Restaurants.
(11)
Sale, service and installation of tires, batteries and accessories.
(12)
Residential dwelling units.
(13)
Animal hospital, shelters and kennels.
(14)
Hospitals and health care clinics.
(15)
Commercial recreation facilities.
(16)
Off-season storage facilities.
(17)
Lodges and fraternal buildings.
(18)
Nursing homes.
(19)
Nursery and day-care centers.
(20)
Retirement homes.
(21)
Drive-in food and beverage establishments for consumption on
or off premises.
(22)
Drive-in banks.
(23)
Drive-in theaters.
(24)
Vehicle sales and service.
(25)
Public parking lots.
(26)
Mobile home sales.
(27)
Mental health care facilities, including counseling centers.
(28)
Chiropractic clinics.
(29)
Professionally supervised juvenile detention centers.
(30)
Lawn and garden equipment sales.
(31)
Recreational vehicle sales.
(32)
Bait and tackle stores.
(33)
Fireworks stores.
(35)
Adult-oriented establishments and adult entertainment as provided by Chapter 196, Adult-Oriented Establishments and Sexually Explicit Conduct, of this Code.
(36)
Planting of agriculture erosion control crops use not to exceed
36 inches in height.
D.
Area, height and yard requirements.
[Added 2-21-2005 by Ord. No. 2005-1]
A.
Statement of purpose. The DB-1 Downtown Business District is intended
to provide an area for the business, financial, professional and commercial
needs of the community, especially those which can be most suitably
located in a compact, centrally located traditional business district
while also taking into consideration the architectural integrity of
the downtown area.
B.
Permitted uses. The following uses of land are permitted in the DB-1
District:
[Amended 6-13-2016 by Ord. No. 0516-16-01]
(1)
The offices, meeting places, churches and premises of professional
membership associations; civic social and fraternal associations;
business associations, labor unions and similar labor organizations;
political organizations; religious organizations; charitable organizations;
or other nonprofit membership organizations.
(2)
The offices of governmental agencies and post offices.
(3)
Public transportation passenger stations, taxicab company offices
and taxicab stand, but not vehicle storage lots or garages.
C.
Conditional uses. The following uses of land are specific conditional
uses in the DB-1 District:
[Amended 6-13-2016 by Ord. No. 0516-16-01]
(1)
Paint, glass and wallpaper stores.
(2)
Hardware stores.
(3)
Department stores, variety stores, and general merchandise stores.
(4)
General grocery stores, supermarkets, fruit and vegetable stores,
delicatessens, meat and fish stores and miscellaneous food stores.
(5)
Candy, nut or confectionery stores.
(6)
Dairy products stores, including ice cream stores.
(7)
Retail bakeries, including those which produce some or all of the
products sold on the premises, but not including establishments which
manufacture bakery products.
(8)
Clothing and shoe stores.
(9)
Furniture, home furnishings, floor covering and upholstery shops/stores.
(10)
Restaurants, lunchrooms and other eating places, except drive-in
type establishments.
(11)
Taverns, bars and other drinking places with permit by Common
Council.
(12)
Drugstores and pharmacies.
(13)
Liquor stores.
(14)
Antique stores and secondhand stores.
(15)
Sporting goods stores and bicycle shops.
(16)
Bookstores, not including adult books.
(17)
Stationery stores.
(18)
Jewelry and clock stores.
(19)
Camera and photographic supply stores.
(20)
Gift, novelty and souvenir shops.
(21)
Florist shops.
(22)
Tobacco and smokers' supplies stores.
(23)
News dealers and newsstands.
(24)
Wholesale merchandise establishments only for retail items listed
above; e.g., Subsection B(19) would allow wholesale camera sales.
(25)
Banks and other financial institutions.
(26)
Offices of insurance companies, agents, brokers and service
representatives.
(27)
Offices of real estate agents, brokers, managers and title companies.
(28)
Miscellaneous business offices.
(29)
Telephone and telegraph offices.
(30)
Photographic studios and commercial photography establishments.
(31)
Barbershops, beauty shops and hairdressers.
(32)
Shoe repair shops and shoe shine parlors.
(33)
Trade and contractors' offices (office only).
(34)
Computer services.
(35)
Commercial parking lots, parking garages, and parking structures.
(36)
Watch, clock and jewelry repair services.
(37)
Motion-picture theaters, not including drive-in theaters.
(38)
Miscellaneous retail stores.
(39)
Offices/clinics of physicians and surgeons, dentists and dental
surgeons, osteopathic physicians, optometrists, chiropractors, and
veterinarians.
[Amended 7-18-2016 by Ord. No. 0620-16-01]
(40)
Law offices.
(41)
Establishments for the washing, cleaning or polishing of automobiles,
including self-service car washes.
(42)
Hotels, motor hotels, motels, tourist courts, tourist rooms,
etc.
(43)
Stores for the sale and installation of tires, batteries, mufflers
or other automotive accessories.
(44)
Gasoline service stations, provided, further, that all gasoline
pumps, storage tanks and accessory equipment must be located at least
30 feet from any existing or officially proposed street line.
(45)
Establishments engaged in daily or extended-term rental or leasing
of house trailers, mobile homes or campers.
(46)
Establishments engaged in daily or extended-term rental or leasing
of passenger automobiles, limousines or trucks, without drivers, or
of truck trailers or utility trailers.
(47)
Miscellaneous repair shops and related services.
(48)
Farm supplies, wholesale trade.
(49)
Residential units located on the ground level and/or second
story of a commercial structure, provided that proper living area,
sanitary facilities and adequate means of ingress/egress exist; the
Common Council may impose appropriate requirements and/or limitations
on such residential commercial uses.
(50)
Establishments engaged in the publishing and printing of newspapers,
periodicals or books.
(51)
Garment pressing establishments, hand laundries, hat cleaning
and blocking shops and coin-operated dry-cleaning establishments.
(52)
Engineering and architectural firms or consultants.
(53)
Accounting, auditing and bookkeeping firms or services.
(54)
Professional, scientific, or educational firms, agencies, offices
or services, but not research laboratories or manufacturing operations.
(55)
Public assembly.
[Added 1-31-2018 by Ord.
No. 0121-19-01]
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 25 feet.
(2)
Lot area: minimum 2,500 square feet.
(3)
Building height: maximum 35 feet.
(5)
Parking. One off-street parking spot shall be provided for each 1,000
square feet of commercial space and for each residential unit.
(6)
Architectural review. The Plan Commission shall review the architectural
plans for all buildings in this district in order to ensure that their
design complements the existing structures in the district.
(7)
All new construction and exterior remodeling will include brick or
stone masonry on the ground floor of the side of the building containing
the main entrance. The brick or masonry will cover at least 50% of
the wall area, excluding the windows and doors.
E.
Regulation of existing residential property. Any properties utilized
for residential purposes at the time that this chapter is adopted
may maintain that residential use and shall be entitled to either
expand or rebuild the underlying structure even though such use may
otherwise not be in compliance with this chapter. All nonconforming
residential uses which are abandoned for a period of more than one
year shall no longer be entitled to the privileges contained in this
subsection.
A.
Purpose. The I-1 Industrial/Commercial District is intended to provide
an area for manufacturing, marketing, and industrial and agribusiness
activities. It is also intended to provide an area for a variety of
uses which require relatively large installations, facilities or land
areas, or which would create or tend to create conditions of public
or private nuisance, hazard, or other undesirable conditions, or which
for these or other reasons may require special safeguards, equipment,
processes, barriers, or other forms of protection, including spatial
distance, in order to reduce, eliminate, or shield the public from
such conditions.
B.
Permitted uses. The following uses of land are permitted in the I-1
Industrial/Commercial District:
[Amended 6-13-2016 by Ord. No. 0516-16-01]
C.
Conditional uses. The following are examples of conditional uses
within the I-1 District. Such uses shall be subject to the consideration
of the Common Council and Plan Commission with regard to such matters
as the creation of nuisance conditions for the public or for the users
of nearby areas, the creation of traffic hazards, the creation of
health hazards, or other factors:
(1)
Manufacturing establishments, usually described as factories, mills
or plants, in which raw materials are transformed into finished products
and establishments engaged in assembling component parts of manufactured
products.
(2)
Other industrial or commercial activities which possess the special
problem characteristics described above relating to the creation of
hazards or nuisance conditions.
(3)
The outdoor storage of industrial products, machinery, equipment,
or other materials, provided that such storage is enclosed by a suitable
fence or other manner of screening.
(4)
Railroads, including rights-of-way, railroad yards, and structures
normally incident to the operation of railroads, including station
houses, platforms, and signal towers, but not including warehouses
owned by companies other than railroad companies or road terminal
companies.
(5)
Wholesale establishments and warehouses.
(6)
Building construction contractors.
(7)
Highway passenger and motor freight transportation.
(8)
Light industry and service uses.
(a)
Automotive body repair.
(b)
Automotive upholstery.
(c)
Cleaning, pressing, and dyeing.
(d)
Commercial bakeries (retail or wholesale).
(e)
Commercial greenhouses (retail or wholesale).
(f)
Distributors.
(g)
Food locker plants.
(h)
Printing and publishing.
(i)
Trade and contractors' facilities.
(j)
Offices.
(k)
Painting services.
(l)
Retail sales and service facilities, such as retail and surplus
outlet stores, and restaurants and food service facilities when established
in conjunction with a permitted manufacturing or processing facility.
(m)
Recreation vehicle, boat and miscellaneous storage.
(9)
[1]Agriculture-related industry and service uses.
(a)
Production of natural and processed cheese.
(b)
Production of shortening, table oils, margarine and other edible
fats and oils.
(c)
Production of condensed and evaporated milk.
(d)
Wet milling of corn.
(e)
Production of creamery butter.
(f)
Drying and dehydrating fruits and vegetables.
(g)
Preparation of feeds for animal and fowl.
(h)
Pea vineries.
(i)
Creameries.
(j)
Production of flour and other grain mill products; blending
and preparing of flour.
(k)
Fluid milk processing.
(l)
Production of frozen fruits, fruit juices, vegetables and other
specialties.
(m)
Fruit and vegetable sauces and seasoning and salad dressing
preparation.
(n)
Poultry and small game dressing and packing, provided that all
operations are conducted within an enclosed building.
(o)
Production of sausages and other meat products.
[Amended 10-21-2013 by Ord. No. 2013-1]
(p)
Corn shelling, hay baling and threshing services.
(q)
Grist mill services.
(r)
Horticultural services.
(s)
Canning of fruits, vegetables, preserves, jams and jellies.
(t)
Canning of specialty foods.
(u)
Grain elevators and bulk storage of feed grains.
(v)
Fertilizer production, sales, storage, mixing and blending.
(w)
Sales or maintenance of farm implements and related equipment.
(x)
Animal hospitals, shelters and kennels.
(y)
Veterinarian services.
[1]
Editor's Note: Former Subsection C(9), Public facilities and
uses, was repealed 6-13-2016 by Ord. No. 0516-16-01. This ordinance
also redesignated former Subsection C(10) through (14) as C(9) through
(13).
(10)
Outside storage and manufacturing areas and wrecking, junk,
demolition and scrap yards, provided that they shall be surrounded
by a solid fence or evergreen planting screen completely preventing
a view from any other property or public right-of-way, shall be at
least 600 feet from residential or commercial structures, and shall
be neatly maintained in such a manner so as not to constitute a nuisance
or be detrimental to area property owners.
(12)
Outside burning heating systems (defined as any structure located
outside a commercial structure which burns combustible fuel for the
purpose of creating heat for any primary or accessory structure or
use).
[Added 9-6-2005]
D.
E.
Required buffer strips in industrial districts. In newly developed
or rezoned areas 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 feet in width as measured at right angles to said
lot line. Plant materials at least six feet 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 in the
exterior 25 feet 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. Fencing may be used in lieu of planting
materials to provide said screening. The fencing shall be not less
than four nor more than eight feet in height and shall be of such
materials as to effectively screen the industrial area. The exterior
25 feet of the buffer strip shall not be devoted to the parking of
vehicles or storage of any material or accessory uses. The interior
15 feet may de devoted to parking of vehicles.
[1]
Editor's Note: Original Sec. 13-1-39, I-2 Industrial Commercial
Park District, as amended 7-15-2002, was repealed 10-21-2013 by Ord.
No. 2013-1.
[Added 3-19-2007 by Ord. No. 2007-3; amended 10-21-2013 by Ord. No. 2013-1]
A.
Purpose. The purpose of this district is to provide for areas primarily
devoted to industrial/commercial operations within the I-90/94 corridor.
B.
Permitted uses. The following uses of land are permitted in the I-2
Industrial/Commercial/Special District.
[Amended 6-13-2016 by Ord. No. 0516-16-01]
C.
Conditional uses. The following uses of land are examples of conditional
uses within the I-2 District. Such uses shall be subject to the consideration
of the Common Council and Plan Commission with regard to such matters
as the creation of nuisance conditions for the public or for the users
of nearby areas, the creation of traffic hazards, the creation of
health hazards, or other factors:
[Amended 6-13-2016 by Ord. No. 0516-16-01]
(1)
Planting of agriculture crops.
A.
Purpose. The purpose of this district is to provide for areas devoted
to public recreational uses.
B.
Permitted uses. Public park and recreation uses.
C.
Conditional uses. No buildings or structures of any nature, temporary
or permanent, shall be erected or placed in this district other than
those owned or placed by the City of New Lisbon.
D.
Area, height and yard requirements. No minimums.
A.
Purpose. The purpose of this district is to provide for areas primarily
devoted to production agriculture.
B.
Permitted uses.
(1)
Uses permitted in R-1 and R-2 Districts.
(2)
Dairying.
(3)
Floriculture.
(4)
Forestry.
(5)
General farming.
(6)
Grazing.
(7)
Greenhouses.
(8)
Hatcheries.
(9)
Horticulture.
(10)
Livestock raising.
(11)
Nurseries.
(12)
Orchards.
(13)
Paddocks.
(14)
Pasturage.
(15)
Poultry raising.
(16)
Stables.
(17)
Truck farming.
(18)
Viticulture.
D.
Area, height and yard requirements.
[Added 7-16-2018 by Ord.
No. 0521-18-01]
A.
Purpose. The residents of the City of New Lisbon depend exclusively
on groundwater for a safe drinking water supply. Certain land use
practices and activities can seriously threaten or degrade groundwater
quality. The purpose of this section is to establish a groundwater
protection overlay district to institute land use regulations and
restrictions within a defined area which contributes water directly
to the municipal water supply providing protection for the aquifer
and municipal water supply of the City of New Lisbon and promoting
the public health, safety and general welfare of City residents.
B.
Authority. Statutory authority of the City to enact these regulations
was established by the Wisconsin Legislature in 1983, Wisconsin Act
410 (effective May 11, 1984), which specifically added groundwater
protection, in § 59.97(1) (which has since been renumbered
as § 59.69(1) and § 62.23(7)(c), Wis. Stats.,
to the statutory authorization for county and municipal planning and
zoning to protect the public health, safety and welfare. In addition,
§ 62.23(7)(am), Wis. Stats., the City has the authority
to enact this section, effective in the incorporated areas of the
City, to encourage the protection of groundwater resources.
C.
Application. The regulations specified in this wellhead protection
section shall apply within the area surrounding each municipal water
supply well that has been designated as a "wellhead protection area"
by the City in the most recent and up-to-date wellhead protection
plan, and are in addition to the requirements in the underlying zoning
district, if any. If there is a conflict between this section and
the Zoning Ordinance, the more restrictive provision shall apply.
|
NOTE: Wellhead protection areas are derived from hydrologic
studies and are based on the area surrounding a well where groundwater
takes five years or less to travel from the land surface to the pumping
well.
|
D.
Groundwater Protection Overlay District. The location and boundaries
of the zoning districts established by this section are set forth
in the City of New Lisbon's most recent and up-to-date wellhead protection
plan on the map titled "Wellhead Protection Area" contained in the
Wellhead Protection Plan [on file with the City of New Lisbon office]
and incorporated herein and hereby made a part of this section. Said
figures, together with everything shown thereon and all amendments
thereto, shall be as much a part of this section as though fully set
forth and described here in this section and thus promotes public
health, safety, and welfare. The Groundwater Protection Overlay District
is intended to protect the groundwater recharge area for the water
supply from contamination.
(1)
Permitted uses. The following uses are permitted in the Groundwater Protection Overlay District subject to the separations distances in Subsection E:
(a)
Parks, provided there is no on-site waste disposal or fuel storage
tank facilities associated with this use.
(b)
Playgrounds.
(c)
Wildlife areas.
(d)
Nonmotorized trails, such as bike, skiing, nature and fitness
trails.
(e)
Residential, commercial and industrial establishments that are municipally sewered and whose use, aggregate of hazardous chemicals in use, storage, handling and/or production, may not exceed 20 gallons or 160 pounds at any time, with the exception for those uses listed as "conditional" or "prohibited" in Subsection D(2) or (3).
(f)
Routine tillage, planting, and field management operations in
support of agricultural crop production, where nutrients from legume,
manure, and commercial sources are accounted for and credited toward
crop nutrient need. The combination of all nutrient sources applied
or available on individual fields may not exceed University of Wisconsin
soil test recommendations for that field.
(2)
Conditional uses. The following uses may be conditionally permitted in the Groundwater Protection Overlay District subject to the separations distances in Subsection E and governed by the conditional use provisions in Article V of this chapter. The types of conditions the City Council may stipulate include but are not limited to: periodic environmental and safety sampling, testing, and reporting to establish the continued protection of the public water supply; installation of one or more groundwater monitoring well(s), at the expense of the applicant; establishment of safety structures to prevent groundwater contamination; establishment of an operational safety plan to define processes and procedures for material containment, operations monitoring, best management practices, and stormwater runoff management to prevent groundwater contamination; written policies and procedures for reporting and cleaning up any spill of a hazardous material; the provision of copies of all federal, state and local facility operation approval or certificates, and on-going environmental monitoring results to the City; a written agreement pursuant to which the applicant agrees to be held financially responsible for all environmental cleanup costs in the event of groundwater contamination; bonds and/or securities satisfactory to the City for future monitoring and cleanup costs if groundwater contamination occurs in the future.
(a)
Hydrocarbon, petroleum or hazardous chemical storage tanks.
(Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c)
and by OSHA under 40 CFR Part 370.)
(b)
Motor vehicle services, including filling and service stations,
repair, renovation and body work.
(c)
Residential, commercial and industrial establishments that are
municipally sewered and whose use, aggregate of hazardous chemicals
in use, storage, handling and/or production exceeds 20 gallons or
160 pounds at any time.
(d)
Stormwater infiltration basins.
(e)
Geothermal wells, also known as ground source heat pump, along
with any associated piping and/or ground loop component installations.
(3)
Prohibited uses. The following uses are prohibited in the Groundwater
Protection Overlay District.
(a)
Cemeteries.
(b)
Chemical manufacturers (Standard Industrial Classification Major
Group 28).
(c)
Coal storage.
(d)
Dry cleaners.
(e)
Electroplating facilities
(f)
Foundries and forge plants
(g)
Industrial liquid waste storage lagoons and pits.
(h)
Landfills and any other solid waste facility, except post-consumer
recycling.
(i)
Manure and animal waste storage.
(j)
Mining of any kind, including metallic, sand and aggregate pits.
(k)
Pesticide and fertilizer dealer, manufacturing, transfer or
storage facilities.
(l)
Private on-site wastewater treatment systems or holding tanks
receiving 12,000 gallons per day or more
(m)
Railroad yards and maintenance stations.
(n)
Rendering plants and slaughterhouses.
(o)
Salt or deicing material bulk storage.
(p)
Salvage or junk yards.
(q)
Septage or sludge spreading, storage or treatment.
(r)
Septage, wastewater, or sewage lagoons.
(s)
Stockyards and feedlots.
(t)
Wood preserving operations.
(u)
Any other use determined by the City Council to be similar in
nature to the above listed uses.
E.
Separation distances. The following separation distances as specified
in § NR 811.12(5), Wis. Adm. Code, shall be maintained within
the Groundwater Protection Overlay District.
(1)
Ten feet between a well and an emergency or standby power system
that is operated by the same facility which operates the well and
that has a double-wall aboveground storage tank with continuous electronic
interstitial leakage monitoring. These facilities shall meet the installation
requirements of § ATCP 93.260 and receive written approval from
the department of safety and professional services or its designated
local program operator under § ATCP 93.110.
(2)
Fifty feet between a well and a storm sewer main or a sanitary
sewer main where the sanitary sewer main is constructed of water main
class materials and joints. Gravity sanitary sewers shall be successfully
air pressure tested in place. The air pressure test shall meet or
exceed the requirements of the four psi low pressure air test for
plastic gravity sewer lines found in the latest edition of Standard
Specifications for Sewer & Water Construction in Wisconsin. Force
mains shall be successfully pressure tested with water to meet the
AWWA C600 pressure and leakage testing requirements for one hour at
125% of the pump shut-off head.
(3)
Two hundred feet between a well field and any sanitary sewer
main not constructed of water main class materials, sanitary sewer
manhole, lift station, one- or two-family residential heating fuel
oil underground storage tank or aboveground storage tank or private
on-site wastewater treatment system (POWTS) treatment tank or holding
tank component and associated piping.
(4)
Three hundred feet between a well field and any farm underground
storage tank system or other underground storage tank system with
double wall and with electronic interstitial monitoring for the system,
which means the tank and any piping connected to it. These installations
shall meet the most restrictive installation requirements of § ATCP
93.260 and receive written approval from the department of safety
and professional services or its designated Local Program Operator
under § ATCP 93.110, Wis. Adm. Code. These requirements
apply to tanks containing gasoline, diesel, biodiesel, ethanol, other
alternative fuel, fuel oil, petroleum product, motor fuel, burner
fuel, lubricant, waste oil, or hazardous substances.
(5)
Three hundred feet between a well field and any farm aboveground
storage tank with double wall, or single-wall tank with other secondary
containment and under a canopy; other aboveground storage tank system
with double wall, or single-wall tank with secondary containment and
under a canopy and with electronic interstitial monitoring for a double-
wall tank or electronic leakage monitoring for a single-wall tank
secondary containment structure. These installations shall meet the
most restrictive installation requirements of § ATCP 93.260,
Wis. Adm. Code, and receive written approval from the department of
commerce or its designated local program operator under § ATCP
93.110, Wis. Adm. Code. These requirements apply to tanks containing
gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel
oil, petroleum product, motor fuel, burner fuel, lubricant, waste
oil, or hazardous substances.
(6)
Four hundred feet between a well field and a POWTS dispersal
component with a design capacity of less than 12,000 gallons per day,
a cemetery or a stormwater retention or detention pond.
(7)
Six hundred feet between a well field and any farm underground
storage tank system or other underground storage tank system with
double wall and with electronic interstitial monitoring for the system,
which means the tank and any piping connected to it; any farm aboveground
storage tank with double wall, or single-wall tank with other secondary
containment and under a canopy or other aboveground storage tank system
with double wall, or single-wall tank with secondary containment and
under a canopy; and with electronic interstitial monitoring for a
double-wall tank or electronic leakage monitoring for a single-wall
tank secondary containment structure. These installations shall meet
the standard double-wall tank or single-wall tank secondary containment
installation requirements of § ATCP 93.260 and receive written
approval from the department of safety and professional services or
its designated local program operator under § ATCP 93.110.
These requirements apply to tanks containing gasoline, diesel, biodiesel,
ethanol, other alternative fuel, fuel oil, petroleum product, motor
fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(8)
One thousand feet between a well field and land application
of municipal, commercial, or industrial waste; the boundaries of a
land-spreading facility for spreading of petroleum-contaminated soil
regulated under state administrative regulations while that facility
is in operation; agricultural, industrial, commercial or municipal
waste water treatment plant treatment units, lagoons, or storage structures;
manure stacks or storage structures; or POWTS dispersal component
with a design capacity of 12,000 gallons per day or more.
(9)
Twelve hundred feet between a well field and any solid waste
storage, transportation, transfer, incineration, air curtain destructor,
processing, wood burning, one-time disposal or small demolition facility;
sanitary landfill; any property with residual groundwater contamination
that exceeds Ch. NR 140 enforcement standards; coal storage area;
salt or deicing material storage area; any single-wall farm underground
storage tank or single-wall farm aboveground storage tank or other
single-wall underground storage tank or aboveground storage tank that
has or has not received written approval from the department of safety
and professional services or its designated local program operator
under § ATCP 93.110, Wis. Adm. Code, for a single-wall tank
installation. These requirements apply to tanks containing gasoline,
diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum
product, motor fuel, burner fuel, lubricant, waste oil, or hazardous
substances; and bulk pesticide or fertilizer handling or storage facilities.
F.
Payment of costs. The applicant shall be solely and exclusively responsible
for any and all costs associated with the application. The conditional
use will become effective only after any costs incurred by the City
during the conditional use application review process and billed to
the applicant are paid by the applicant. Those costs may include:
(1)
The City's expenses, including consultant's and attorney's fees,
if any, associated with the review at the invoiced amount plus administrative
costs.
(2)
The cost of an environmental impact study if so required by
the City or its designee.
(3)
The cost of groundwater monitoring or groundwater wells if required
by the City or its designee.
(4)
The costs of an appraisal for the property or other property
evaluation expense if required by the City or its designee.
G.
Existing nonconforming uses. Nonconforming uses lawfully in existence within the Groundwater Protection Overlay District at the adoption of the section creating this district may continue to exist governed by the provisions in Article VI of this chapter.
H.
Acceptance of liability by City. Nothing in this section shall be
construed to imply that the City has accepted any of an owner or operator's
liability if a facility or use, whether permitted as of right or pursuant
to a conditional use permit, contaminates groundwater in any aquifer.
