The purpose of this article is to enumerate
those special instances where the terms of this chapter may be waived
or modified without variance or conditional use permit or where special
requirements are placed upon use, property, or structure.
Measurements shall be taken from the nearest
point of a building to the lot line in question, subject to the following:
A.
Cornices, canopies, and eaves may extend into the
required front yard a distance not to exceed four feet.
B.
Open fire escapes may extend into the required front
yard a distance not to exceed four feet.
C.
A landing place or uncovered porch may extend into
the required front yard a distance of eight feet, provided that the
floor is not higher than three feet above grade. An open railing of
no higher than four feet may be placed around the structure.
D.
Heat pumps, air-conditioning units or similar equipment
may extend into the required front yard a distance not to exceed four
feet.
E.
Solar collection units may extend into the required
front yard a distance not to exceed eight feet.
F.
The above architectural features may also extend into any side or rear yard to the same extent; however, steps or uncovered porches may not extend into the side yard or the shoreland setback distance from the ordinary high-water mark of navigable water as regulated by Article XX (Shoreland Overlay District).
G.
On double frontage lots, the required front yard shall
be provided on both street sides.
H.
In subdivided areas within residential districts,
whenever block frontage is more than half developed with residences
having less setback than required, the setback shall be determined
by the following rule: the front setback line of a proposed structure
shall be the line between principal structures on adjacent lots. If
within the block no principal structure exists to one side of the
proposed structure, a structure is assumed to exist at the required
setback lines.
No lot shall be so reduced that the area of
the lot or the dimensions of a required open space shall be smaller
than herein prescribed.
The district height limitations stipulated elsewhere
in this chapter may be exceeded as follows:
A.
Uninhabited architectural projections such as spires,
belfries, parapet walls, cupolas, domes, flues and chimneys shall
not exceed in their height the distance from the nearest lot line.
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B.
Special structures, such as elevators, radio and television
receiving antennas, cooling towers and smokestacks, may be extended
100% of the district limitations.
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C.
Communication structures, such as radio and television
transmission towers or microwave relay towers, shall meet the following
requirements:
D.
Essential services, utilities, water towers, and electrical
power and communication transmission lines are exempt from the height
limitations of this chapter.
A.
Since essential services, as defined in Article II (Rules of Construction and Definitions), may affect urbanizing area of the development, the location of all such essential services in any zoning district shall be filed with the Department prior to actual construction or condemnation action.
B.
Applications for essential services not located within highway and street right-of-way shall require a conditional use permit as regulated in Article XXIII (Conditional Use Permits) and shall be governed by the following procedures:
(1)
The applicant shall file with the Department
such maps indicating location, alignment, and type of service proposed,
together with the status of any applications made or required to be
made under tribal, state, or federal laws.
(2)
The maps and accompanying data shall be submitted
to the Department for review and recommendation regarding their relationship
to urban growth, land use, highways, and recreation area policies
and plans.
(3)
Following departmental review, when necessary
or requested by the committee, the Department shall report its findings
and recommendations on the proposed essential services and file the
report with the committee.
(4)
Upon receipt of the above report, the committee
shall consider the maps and accompanying data and shall recommend
to the Tribal Legislature its approval or modifications considered
desirable to carry out the policies of this chapter.
(5)
In the case of pipelines, the Department may
require modifications to protect existing agricultural drainage systems,
tiles or ditches, whether public or private. The Department may also
require the applicant to modify the depth or routing of the pipeline
to accommodate future agricultural drainage systems, tiles or ditches,
whether public or private, if such information is provided by the
owner or leaseholder of the agricultural land to the applicant within
60 days of the start of construction.
(6)
Maintenance structures serving local distribution
lines are exempt from this section if they meet the following conditions:
(a)
Structures of 40 square feet or less can be
placed in the front yard if not in a vision triangle or impairing
the vision at a driveway intersection.
(b)
Structures greater than 40 square feet if placed
at the front yard setback or greater.
(c)
All structures shall be screened and be compatible
with surrounding land uses. Compatibility shall be determined by the
Department.
The following rules and regulations shall apply
to private recreational facilities allowed as accessory uses and structures
in the R-1, R-4, R-R, A-1, and TI-1 Districts:
A.
Private swimming pools, provided that:
(1)
The pool, pump, and filter are not located closer
than 10 feet to any property line or 50 feet to a street right-of-way.
(2)
No electrical power lines are located over or
under the pool, pump, and filter.
(3)
A wall or fence of a height of four feet or
more is installed around the pool or yard at time of or before pool
completion.
B.
Within only the R-4 and TI-1 Districts, tennis courts
and full basketball courts, provided that:
(1)
No part of the court(s) is located closer than
20 feet to a property line.
(2)
If lights are installed for night play, they
must be turned inward to minimize glare on the road or adjacent property.
(3)
The playing area shall be properly fenced to
prevent misguided balls from going out into roads or adjacent property.
C.
Nothing in this section shall be construed as to prohibit
the installation of basketball equipment in a driveway area within
the R-1, R-R, and A-1 District in accordance with district requirements.
Travel trailers, recreational vehicles, buses,
and similar mobile recreational shelters shall not be used for habitation
in any district unless such use is permitted as a permitted or conditional
use. The storage of travel trailers, recreational vehicles or buses
is not permitted unless there is a principal structure and use on
the property. Other than the driveway area, such vehicles shall not
be stored within the front yard or road right-of-way.
Certain accessory structures (i.e., storage sheds, doghouses, etc.) shall be exempt from conditions of § 625-251, provided that all of the following conditions are satisfied:
A.
Structure area shall be limited to 100 square feet.
B.
Structure height shall be limited to six feet.
C.
Structure location must meet all setbacks for the
district in which it is located.
D.
Use must be compatible with district as a permitted
accessory use.
E.
There shall be no telephone, water or sewer service
to the structure.
[Amended 9-15-2022 by Ord. No. 22-41]
The placement of a private garage in the absence
of a principal residence is allowed under the following conditions:
The placement of group homes or community living
arrangements not located within the TI-1 District shall be provided
for as described below:
B.
In all residential districts and the A-1 District,
foster homes for six or fewer children are permitted without meeting
density or spacing requirements.
[Amended 9-15-2022 by Ord. No. 22-41]
C.
Community living arrangements licensed for eight or
fewer persons are permitted in all residential districts and the A-1
District.
D.
Community living arrangements licensed for nine or
more persons are permitted in the R-4 or TI-1 District.
[Amended 9-15-2022 by Ord. No. 22-41]
[Amended 1-5-2012 by Ord.
No. 11-32; 9-15-2022 by Ord. No. 22-41]
The placement of day-care homes in the R-1,
R-3, R-R and A-1 Districts is allowed as a permitted use where licensed
by the Tribe or State of Wisconsin Department of Health Services if
there is no tribal licensing mechanism and where care is provided
for not more than eight children. Centers with more than eight children
shall require a conditional use permit.
Bed-and-breakfast establishments and boardinghouses
are conditional uses in the R-1, R-R and A-1 Districts and shall meet
the following requirements:
A.
Truck bodies and semitrailers are allowed in only
the UID-1 and I-2 Districts as a permitted accessory structure when
properly screened from adjacent properties.
B.
Mobile homes are allowed as accessory structures in
the C-1, C-2, TI-1, UID-1, and I-2 Districts and shall not be used
as a residence.
C.
Buses are not allowed as an accessory structure in
any district or for permanent human habitation.
Any property being developed or expanded in
a C-1, C-2, UID-1 or I-2 District shall have effective solid screening
along all lot lines adjoining any residential district except where
waived by the committee after recommendation from the Department.
All outside storage areas shall be effectively screened from public
road rights-of-way.
A.
Screening requirements.
(1)
Front yard screening shall be made of natural
screening or of man-made materials five feet in height.
(2)
Side and rear yard screening shall be made of
natural screening or of man-made materials six feet in height.
(3)
Natural screening shall not be less than three
feet in height at time of planting.
Recycling dropoff stations, resource recovery
facilities, and resource recovery processing facilities shall meet
the following requirements:
A.
Recycling dropoff stations are permitted uses in the
UID-1 and I-2 Districts and conditional uses in the C-1 and C-2 Districts.
A recycling dropoff station must meet the following requirements:
(1)
The area for the station shall not exceed 1,500
square feet. It may be an accessory use on the property.
(2)
The site shall be screened from residential
uses by either a fence of six feet in height or by natural vegetation.
The site cannot be closer than 100 feet to a residential use.
(3)
There shall be parking for at least two vehicles
and adequate space for the vehicles to turn around for exiting.
(4)
All driveways and travelled portions on the
site shall be of dust-free material.
(5)
There shall be no outside storage of materials
on the site, and the station must be attended on a minimum of a weekly
basis.
(6)
The facility shall meet all applicable tribal
and federal laws and regulations.
B.
Resource recovery facilities are permitted uses in
the I-2 District and conditional uses in the UID-1 District. A resource
recovery facility shall meet the following requirements:
(1)
The facility shall not be sited within 150 feet
of a residential district or use.
(2)
All collection, processing, and storage shall
take place within a building. No power-driven equipment in the excess
of 15 horsepower is allowed for the processing of recyclables.
(3)
Noise shall be limited to 60 decibels at the
property line utilizing an hourly average.
(4)
All driveways and travelled areas must be made
of dust-free materials. All vehicles waiting to unload must be located
on the property.
(5)
There shall be no dust, fumes, smoke, or vibration
above ambient levels at the property line.
(6)
Within 250 feet of a residential district, hours
of operation are limited to 7:00 a.m. to 7:00 p.m., Monday through
Saturday.
(7)
Access must be from a Class B or Class C highway as defined in § 625-149 (Highway setbacks and access requirements) and must be gated after business hours.
(8)
The facility shall meet all applicable tribal
and federal laws and regulations.
C.
Resource recovery processing facilities are permitted
uses in the I-2 District and conditional uses in the UID-1 District.
A resource recovery processing facility shall meet the following requirements:
(1)
The facility shall not be sited within 250 feet
of a residential district or 150 feet of a residential use.
(2)
All outside storage and processing of recyclables
must be behind a site-obscuring fenced area equal to the height of
the machinery or eight feet, whichever is greater. All wind-born materials
shall be collected daily.
(3)
All driveways and travelled areas shall be of
dust-free materials. All vehicles waiting to unload must be located
on the property.
(4)
Within 500 feet of a residential district, the
hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday
through Saturday, and noise levels shall be limited to 70 decibels
at the property line.
(5)
Access must be from a Class B or Class C highway as defined in § 625-149 (Highway setbacks and access requirements) and must be gated after business hours.
(6)
The facility shall meet all applicable tribal
and federal laws and regulations.
D.
Solid waste transfer sites are permitted in the I-2
District and conditional uses in the UID-1 District. A solid waste
transfer site shall meet the following requirements:
(1)
The facility shall not be sited within 250 feet
of a residential district or 150 feet of a residential use.
(2)
All outside storage and processing of materials
must be behind a site-obscuring fenced area equal to the height of
the machinery or eight feet, whichever is greater. All wind-born materials
shall be collected daily.
(3)
All driveways and travelled areas shall be of
dust-free materials. All vehicles waiting to unload must be located
on the property.
(4)
Within 500 feet of a residential district, the
hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday
through Saturday, and noise levels shall be limited to 70 decibels
at the property line.
(5)
Access must be from a Class B or Class C highway as defined in § 625-149 (Highway setbacks and access requirements) and must be gated after business hours.
(6)
The facility shall meet all applicable tribal
and federal laws and regulations.
A.
Purpose. The purpose of this section is to provide
the opportunity of artistic communication with a minimum of restrictions
while protecting the public interest in aesthetics as well as public
safety and welfare.
B.
Setbacks. Works of art shall be exempt from front
yard setbacks; however, a work of art shall not be placed within a
right-of-way or a visibility triangle or create a hazard to public
safety.
Satellite dishes shall be exempt from front
yard setbacks; however, a satellite dish shall not be placed within
a right-of-way or a visibility triangle or create a hazard to public
safety.
