This chapter is adopted under the authority granted by § 62.23,
Wis. Stats.
The purpose of this chapter is to promote the health, safety,
morals, prosperity, aesthetics and the general welfare of the City.
It is the general intent of this chapter to regulate and restrict
the use of all structures, lands and waters; regulate and restrict
lot coverage, population distribution and density and the size and
location of all structures so as to lessen congestion in and promote
the safety and efficiency of the streets and highways; secure safety
from fire, flooding, panic and other dangers; provide adequate light,
air, sanitation and drainage; prevent overcrowding; avoid undue population
concentration; facilitate the adequate provision of public facilities
and utilities; stabilize and protect property values; further the
appropriate use of the land and conservation of natural resources;
and preserve and promote the beauty of the City. It is further intended
to provide for the administration and enforcement of this chapter
and to provide penalties for its violation.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed restrictions,
agreements, ordinances, rules, regulations or permits previously adopted
or issued pursuant to law. However, wherever this chapter imposes
greater restrictions, the provisions of this chapter shall govern.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the City and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
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.
All other ordinances or parts of ordinances of the City inconsistent
or conflicting with this chapter, to the extent of the inconsistency
only, are hereby repealed.
This chapter shall be known as, referred to or cited as the
"Zoning Code, City of Nekoosa, Wisconsin."
For the purposes of this chapter, the following definitions
shall be used:
ACCESSORY USE OR STRUCTURE
A use or detached structure subordinate to the principal
use of a structure, land or water and located on the same lot or parcel,
serving a purpose customarily incidental to the principal use or the
principal structure.
ALLEY
A special public right-of-way affording only secondary access
to abutting properties.
APARTMENT
A portion of a residential or commercial building used as
a separate housing unit.
ARTERIAL STREET
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways shall
include freeways and expressways, as well as arterial streets, highways
and parkways.
BASEMENT
That portion of any structure located partly below the average
adjoining lot grade.
BOARDINGHOUSE
A building, other than a hotel or restaurant, where meals
or lodging is regularly furnished by prearrangement for compensation
for four or more persons not members of a family, but not exceeding
12 persons and not open to transient customers.
BUILDING
Any structure having a roof supported by columns or walls
used, or intended to be used, for the shelter or enclosure of persons,
animals, equipment, machinery or materials.
BUILDING, ALTERATION OF
Any change or rearrangement of the supporting members, such
as bearing walls, beams, columns or girders, of a building, an addition
to a building, or movement of a building from one location to another.
BUILDING AREA
The total living area bounded by the exterior walls of a
building at the floor levels, but not including basements, utility
rooms, garages, porches, breezeways and unfinished attics.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of
the finished lot grade along the street yard face of the structure
to the highest point of flat roofs; to the mean height level between
the eaves and ridges of gable, gambrel, hip and pitch roofs; or to
the deckline of mansard roofs.
BULKHEAD LINE
A geographic line along a reach of a navigable stream that
has been adopted by a municipal ordinance and approved by the Department
of Natural Resources pursuant to Ch. 30, Wis. Stats., and which allows
complete filling on the landward side, except where floodway regulations
of this chapter would prohibit such filling.
CONDITIONAL USE
Use of a special nature as to make impractical its predetermination
as a principal use in a district.
CONFORMING USE
Any lawful use of a building or lot which complies with the
provisions of this chapter.
CORNER LOT
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135° or less, measured on the lot side.
DWELLING
A detached building designed or used exclusively as a residence
or sleeping place, but does not include boardinghouses or lodging
houses, motels, hotels, tents, cabins or mobile homes.
DWELLING, MULTIFAMILY
A building or portion thereof used or designated as a residence
for three or more families as separate housekeeping units, including
apartments, attached townhouses and condominiums.
DWELLING, SINGLE-FAMILY
A detached building designed, arranged or used for and occupied
exclusively by one family, and shall include a manufactured home.
DWELLING, TWO-FAMILY
A building designed, arranged or used for or occupied exclusively
by two families living independently of each other.
DWELLING UNIT
A building or portion thereof used exclusively for human
habitation, including single-family, two-family and multifamily dwellings,
but not including hotels, motels or lodging houses.
ESSENTIAL SERVICES
Services provided by public and private utilities, necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface or overhead
gas, electrical, steam, water, sanitary sewage, stormwater drainage
and communications systems, and accessories thereto such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations and
hydrants, but not including buildings.
FAMILY
One person or two or more persons, related by blood, foster
relationship, marriage or adoption, and, in addition, any domestic
servants or gratuitous guests thereof; or one or more persons who
need not be so related, and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder or lodger shall not be considered a member of the
family.
FARM
Land consisting of 10 acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption,
use or sale.
FLOOR AREA
The floor area of a building is the sum of the gross horizontal
area of the several floors of the building measured from the exterior
face of the exterior walls, or from the center line of the walls separating
the building, but not including the basement, utility rooms, garages,
porches, breezeways and unfinished attics.
FRONTAGE
The smallest dimension of a lot abutting a public street,
measured along the street line.
GARAGE, PUBLIC
Any garage other than a private garage which is open to the
public and used for the storage or repair of motor vehicles.
HOME OCCUPATION
Any occupation for gain or support conducted entirely within
buildings by resident occupants which is customarily incidental to
the principal use of the premises, does not exceed 20% of the area
of any floor, uses only household equipment, and no stock-in-trade
is kept or sold except that made on the premises. A home occupation
includes uses such as baby-sitting, millinery, dressmaking, canning,
laundering and crafts, but does not include the display of any goods
nor such occupations as barbering, beauty shops, dance schools, gift
stores, real estate brokerage or photographic studios. Door-to-door
sales persons may temporarily store stock-in-trade on the premises,
provided that no stock-in-trade is displayed or sold on the premises
and no customer pickups are made.
HOTEL or MOTEL
A building in which lodging, with or without meals, is offered
to transient guests for compensation and in which there are more than
five sleeping rooms with no cooking facilities in any individual room
or suite.
JUNKYARD
An open space where waste, used or secondhand materials are
bought, sold, exchanged, stored, baled, packed, disassembled or handled,
including, but not limited to, scrap iron and other metals, paper,
rags, rubber, tires and bottles. A junkyard also includes an auto
wrecking yard, but does not include uses established entirely within
enclosed buildings.
LIVING ROOMS
All rooms within a dwelling, except closets, foyers, storage
areas, utility rooms and bathrooms.
LOADING AREA
A completely off-street space or berth on the same lot for
the loading or unloading of freight carriers, having adequate ingress
and egress to a public street or alley.
LOT
A parcel of land having frontage on a public street, occupied
or intended to be occupied by a principal structure or use and sufficient
in size to meet the lot width, lot frontage, lot area, yard and parking
areas, and other open space provisions of this chapter.
LOT LINES AND AREA
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
LOT WIDTH
The horizontal distance between the side lot lines.
MACHINE SHOPS
Shops where lathes, presses, grinders, shapers and other
wood- and metalworking machines are used, such as blacksmith, tinsmith,
welding and sheet metal shops and plumbing, heating and electrical
repair and overhaul shops.
MANUFACTURED HOME
A structure certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 to 5426, which, when placed
on a site:
(1)
Is set on an enclosed foundation in accordance with § 70.043(1),
Wis. Stats., and Ch. SPS 321, Subchs. III, IV and V, Wis. Adm. Code.
(2)
Is installed in accordance with the manufacturer's instructions.
(3)
Is properly connected to utilities on the owner's property.
MOBILE HOME
Mobile units or modified mobile units, including units with
or without wheels or means of mobility, designed to be transported
to a site and designed for permanent living, sleeping or commercial
purposes.
MOBILE HOME PARK
Any lot on which two or more mobile homes are parked for
the purpose of temporary or permanent habitation.
NONCONFORMING USE OR STRUCTURE
Any structure, land or water lawfully used, occupied or erected
at the time of the effective date of this chapter or amendments thereto
which does not conform to the regulations of this chapter or amendments
thereto. Any such structure conforming in respect to use but not in
respect to frontage, width, height, area, yard, parking, loading or
distance requirements shall be considered a nonconforming structure
and not a nonconforming use.
PARKING LOT
A structure or premises containing 10 or more parking spaces
open to the public.
PARKING SPACE
A graded and surfaced area not less than nine feet wide and
20 feet long, either enclosed or open, for the parking of a motor
vehicle and having adequate ingress and egress to a public street
or alley.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners
within 100 feet and all property owners of opposite frontage.
PERMITTED USE
A use which may be lawfully established in a particular district
or districts, provided that it conforms to all requirements, regulations
and standards of such district.
PLANNED DEVELOPMENT GROUP
A group of three or more principal buildings designed to
be maintained and operated as a unit in single ownership or control
and which has certain facilities in common such as yards and open
spaces, recreation areas, garages and parking areas.
PROFESSIONAL HOME OFFICES
Residences of doctors of medicine, practitioners, dentists,
clergymen, architects, landscape architects, professional engineers,
registered land surveyors, lawyers, artists, teachers, authors, musicians
or other recognized professions used to conduct their professions,
where the office does not exceed 1/2 of the area of only one floor
of the residence and only one nonresident person is employed.
REAR YARD
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure. This yard shall be opposite the street yard
or one of the street yards on a corner lot.
SETBACK
The minimum horizontal distance between the street right-of-way
line or rear lot line and the nearest point of a building or any projection
thereof, excluding uncovered steps.
SIDE YARD
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure.
SIGN
Any words, letters, figures, numerals, phrases, sentences,
emblems, devices, designs, trade names or trademarks by which anything
is made known and which are used to advertise or promote an individual,
firm, association, corporation, profession, business, commodity or
product and which are visible from any public street or highway.
STORY
That portion of a building included between the surface of
a floor and the surface of the floor next above it or the space between
the floor and the ceiling next above it, if there be no floor above
it. A basement or cellar having 1/2 or more of its height above grade
is a story for purposes of height regulations.
STREET
A public right-of-way not less than 50 feet wide providing
primary access to abutting properties.
STREET YARD
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
or proposed street or highway line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two such yards.
STRUCTURAL ALTERATION
Any change in the supporting members of a structure such
as foundations, bearing walls, columns, beams or girders.
STRUCTURE
Any erection or construction such as buildings, towers, masts,
poles, booms, signs, decorations, carports, machinery and equipment.
UTILITIES
Public and private facilities such as water wells, sewage
pumping stations, power and communications transmission lines, electrical
power substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, but
not including sewage disposal plants, municipal incinerators, warehouses,
shops and storage yards.
YARD
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward, except for vegetation. The
street and rear yards extend the full width of the lot.
[Amended 7-10-2012 by Ord. No. 566; 3-9-2021 by Ord. No. 607]
(1) State laws adopted. The provisions of §§ 62.23(7)(i)
and 66.1017, Wis. Stats., are hereby adopted by reference and shall
supersede all permitted and conditional uses as stated in this chapter.
(2) Permitted uses; restrictions.
Community Living Arrangements (CLA); Family Day-Care Homes
|
Districts Permitted
|
Statutory Restrictions
|
---|
(a)
|
Foster family home, domicile licensed under § 48.62,
Wis. Stats., up to 4 children
|
All residential districts
|
None
|
(b)
|
Other foster homes
|
All residential districts
|
§ 62.23(7)(i)1 and 2, Wis. Stats.
|
(c)
|
CLA, up to 8 persons
|
All residential districts
|
§ 62.23(7)(i)1, 2 and 9, Wis. Stats.
|
(d)
|
CLA, 9 to 15 persons
|
Multifamily districts
|
§ 62.23(7)(i)1, 2 and 9, Wis. Stats.
|
(e)
|
Family day-care home licensed under § 48.65, Wis.
Stats., up to 8 children
|
All 1- and 2-family districts
|
§ 66.1017, Wis. Stats.
|
(3) Conditional uses: all community living arrangements and family day-care homes not permitted in Subsection
(2) above, subject to the provisions of §
17.26 of this chapter.
For the purpose of this chapter, the City is hereby divided
into the following zoning districts:
(1) R-1 Single-Family Residential District.
(2) R-2 Two-Family Residential District.
(3) R-3 Multifamily Residential District.
(4) R-4 Mobile Home Residential District.
(5) B-1 Central Business District.
(6) B-2 General Business District.
(8) A-1 Agricultural District.
(9) C-1 Conservancy District.
[Amended by Ord. No. 490; 7-10-2012 by Ord. No.
566; 3-9-2021 by Ord. No. 607]
The B-1 Central Business District is intended to provide a centralized
area for the business and commercial needs of the City.
(1) Permitted uses:
(a)
Single-family dwelling as an accessory use over or behind the
principal use.
(b)
General business and commercial uses which do not generate noise,
smoke and odors that would create a public or private nuisance. These
uses generally include the following:
1.
Retail establishments selling food, household goods, hardware,
wearing apparel and similar goods.
2.
Banks, commercial or professional home offices and telephone
offices.
4.
Theaters, bowling alleys and places of amusement.
5.
Restaurants, taverns and bars.
6.
Personal service, automobile service, and equipment service
establishments.
7.
Public transportation terminals.
8.
Uses customarily incident to any of the above uses.
(2) Conditional uses: other uses similar in character to permitted uses subject to §
17.26 of this chapter.
(3) Lot, yard and building requirements:
(c)
Principal building:
2.
Side yards: none, except minimum 10 feet adjacent to residential
district.
3.
Rear yard: none, except minimum 25 feet adjacent to residential
district.
(d)
Accessory building:
2.
Side yards: none, except minimum 10 feet adjacent to residential
district.
3.
Rear yard: none, except minimum 10 feet adjacent to residential
district.
(e)
Building height: maximum 50 feet.
(f)
Number of stories: maximum three.
(g)
Percent of lot coverage: maximum 90%.
(h)
Off-street parking and loading requirements: none.
[Amended by Ord. No. 491; 3-9-2021 by Ord. No. 607]
The B-2 District is established to provide for principally motor-vehicle-oriented
or dependent commercial activities.
(1) Permitted uses:
(a)
Uses permitted in B-1 District.
(b)
Automotive sales, servicing and repairs; automotive parts sales,
including incidental service and repair; provided, however, that all
vehicles be in operative condition; department stores; discount stores;
drive-in banks; drive-in establishments serving food or beverage for
consumption outside the structure; laundromats; places of entertainment;
recreational establishments; service stations, washing and repair
stations, provided all gas pumps are not less than 30 feet from any
existing or proposed street line; shopping centers; and supermarkets.
(2) Conditional uses: farm machinery and equipment sales, repair and
storage; feed and seed stores; food locker plants; greenhouses; lumberyards
and contractor's yards; cleaning-, dyeing- and pressing-related trades;
publishing, including newspaper publishing, job printing, lithographing,
blueprinting; other uses similar in character with the approved uses,
giving due consideration to such items as noise, odor, pollution,
traffic and parking, safety, hours and type of operation; uses clearly
similar in character to those listed above.
(3) Lot, yard and building requirements:
(a)
Lot frontage: minimum 100 feet.
(b)
Lot area: minimum 20,000 square feet.
(c)
Front yard: minimum 25 feet, 50 feet if parking is permitted.
(d)
Side yards: minimum 20 feet.
(e)
Rear yard: minimum 20 feet.
(f)
Building height: maximum 50 feet.
(g)
Number of stories: maximum three.
(h)
Percent of lot coverage: maximum 40%.
(i)
Off-street parking and loading requirements. See §
17.27 of this chapter.
[Amended 3-9-2021 by Ord. No. 607]
The M-1 Industrial District is intended to provide space for
industrial and manufacturing uses at appropriate locations in the
City.
(2) Conditional uses. Any industrial use may be granted, subject to the conditional use provisions of §
17.26 of this chapter, except those that would create a public or private nuisance or present a danger to residents of the City or would generate noise, smoke, traffic or air or water pollution in excess of the applicable federal and/or state standards.
(3) Prohibited uses. All other uses (residential, commercial and public)
are prohibited, except a dwelling may be provided for a caretaker
or superintendent if the industrial use requires constant supervision.
(4) Lot, yard and building requirements:
(a)
Lot frontage: minimum 100 feet.
(b)
Lot area: minimum one acre.
(c)
Front yard: minimum 30 feet.
(d)
Side yards: minimum 20 feet, subject to §
17.21(5) below.
(e)
Rear yard: minimum 40 feet, subject to §
17.21(5) below.
(f)
Building height: maximum 35 feet.
(g)
Number of stories: maximum of three.
(h)
Percent of lot coverage: maximum 40%.
(i)
Off-street parking and loading requirements. See §
17.27 of this chapter.
(5) Required
buffer strips in Industrial Districts. Where an M-1 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 five 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 be devoted to parking of vehicles.
[Amended 3-9-2021 by Ord. No. 607; 4-11-2023 by Ord. No. 625]
The A-1 Agricultural District is intended to provide for areas
of lower-density development, while accommodating agricultural uses
compatible with surrounding land uses, and prevent uncontrolled, uneconomical
spread of residential development since it results in excessive costs
to the City for provision of essential public improvements and services.
(1) Permitted uses:
(a)
Customary agricultural uses and associated farm dwellings.
(b)
Animal husbandry, on-site raising and/or use of animals on parcels
10 acres or greater, at an intensity not to exceed one animal unit
per acre. This includes cattle, horses, sheep, goats, llamas and other
livestock. Animal units shall be calculated according to § NR
243.05 and DNR Form 3400-25A.
(c)
Churches, schools, parks and municipal buildings.
(2) Conditional uses. The following uses are authorized by a conditional
use permit:
(a)
Single-family residence on parcels not less than 22,000 square
feet in area, provided it is determined that this smaller lot is to
provide a site for housing accommodations for a member of the family
of the property owner.
(b)
Airports, including terminal facilities and necessary concessions.
(l)
Uses customarily incidental to any conditional use granted pursuant
to this chapter.
(3) Lot, yard and building requirements:
(a)
Lot frontage: minimum 500 feet.
(b)
Lot area: minimum 10 acres.
(c)
Principal building:
1.
Front yard: minimum 50 feet.
2.
Side yards: minimum 50 feet.
3.
Rear yard: minimum 50 feet.
(d)
Accessory building:
1.
Front yard: minimum 50 feet.
2.
Side yards: minimum 50 feet.
3.
Rear yard: minimum 50 feet.
(e)
Building height: maximum 50 feet.
(f)
Residences:
1.
Building height: maximum 35 feet.
[Amended 3-9-2021 by Ord. No. 607]
The C-1 Conservancy District is intended to preserve the natural
state of scenic areas, to preserve natural areas and buffer strips,
and to discourage intensive development of marginal lands to prevent
potential hazards to public and private property.
(1) Permitted uses: open space uses such as management of forestry, wildlife
and fish; harvesting of wild crops such as marsh hay, ferns, bogs,
berries, fruit trees and tree seeds; hunting, fishing and trapping;
bicycle or hiking trails; parks; and uses customarily incidental to
any of the preceding uses.
(2) Conditional uses: public utilities such as dams, power stations,
sewage disposal plants, water pumping or storage facilities; and golf
courses and public camping grounds.
(3) Special provisions. There are no setback, lot size or other dimensional
requirements applicable to the C-1 District. No use or modification
of any existing use shall be permitted that will:
(a)
Involve dumping or the storage of dangerous materials that are
flammable, explosive or injurious to human, animal or plant life.
(b)
Result in accelerated stream bank erosion.
(c)
Obstruct the flow of floodwaters, retard the movement of floodwater
as to increase flow velocities, increase the flood stage, or substantially
reduce the flood storage capacity of the floodplain, excepting public
water measurement and control facilities.
[Amended by Ord. No. 473; 7-10-2012 by Ord. No.
566; 3-9-2021 by Ord. No. 607]
(1) Permit and statement of purpose. The Council may authorize the Zoning
Administrator to issue a conditional use permit after review and a
recommendation by the Plan Commission. No inherent right exists to
receive a conditional use permit. This section provides for certain
uses that, because of unique characteristics or potential impacts
on adjacent land uses, are not permitted in zoning districts as a
matter of right but which may be approved, provided that such conditional
use and structures are in accordance with the purpose and intent of
this chapter and conform to the following requirements:
(a) The
proposed conditional use can be appropriately accommodated on the
specific property;
(b) The
proposed conditional use will conform to the adopted Comprehensive
Plan;
(c) The
proposed conditional use can be constructed and operated in a manner
that is compatible with the surrounding land uses and overall character
of the neighborhood;
(d) The
proposed conditional use is not hazardous, harmful, offensive or otherwise
adverse to the environment or the value of the neighborhood or the
City; and
(e) The
proposed conditional use is consistent with the City's interest that
the public interest, health, safety, and general welfare will be promoted.
(2) Application. Applications for conditional use permits shall be made
in duplicate to the Zoning Administrator on forms adopted by the Plan
Commission and shall include a fee set by the City Council, and shall
include the following:
(a)
Names and addresses of the applicant, owner of the site, architect,
professional engineer, contractor and all opposite and abutting property
owners of record.
(b)
Description of the subject site by lot, block and recorded subdivision
or by metes and bounds; the 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.
(c)
A plat of survey prepared by a registered land surveyor showing
the lot dimensions and proposed location of buildings and, in addition,
the mean and historic high-water lines on or within 40 feet of the
subject premises, and existing and proposed landscaping. The requirements
of this subsection may be waived by the Plan Commission, provided
that sufficient identification and description of the property, which
is acceptable to the Plan Commission, is submitted.
(d)
Additional information as may be required by the Plan Commission
on a case-by-case basis based on the specific character of the proposed
conditional use.
(3) Initial review and approval. The Plan Commission shall review the
site, existing and proposed structures, architectural plans, neighboring
uses, parking areas, driveway locations, highway access, traffic generation
and circulation, drainage, sewerage and water systems and the proposed
operation. The Plan Commission shall hold a hearing and thereafter
shall recommend approval, denial or conditional approval to the Council.
The Council shall accept, reject or modify the Plan Commission's recommendations.
In considering whether to approve, deny or grant conditional approval
of the application, the Plan Commission and City Council shall apply
the following standards, which the applicant shall have the burden
of meeting by providing substantial evidence thereof:
(a)
The proposed conditional use shall comply with all regulations
of the applicable zoning district and any applicable regulations set
forth in this chapter.
(b)
The proposed conditional use shall be compatible with the character
of the neighborhood within the immediate area in which it is located.
In making such a determination, consideration shall be given to the
following factors:
1. The
type and extent of landscaping and screening on the site.
2. Whether
the extent, location and intensity of the proposed use furthers and
does not conflict with the goals, objectives, and policies of any
adopted comprehensive plan.
(c)
Adequate measures shall be taken to provide ingress and egress
so designed as to minimize traffic hazards and to minimize traffic
congestion on the public roads.
(d)
The proposed use shall not be noxious or offensive by reason
of vibration, noise, odor, dust, smoke, or gas.
(e)
The proposed use shall not injure the use and enjoyment of the
property in the immediate vicinity for the purposes already permitted
nor substantially diminish or impair the property values within the
neighborhood.
(f)
The proposed use shall not impede the orderly development and
improvement of surrounding property for uses allowed in the zoning
district.
(g)
The establishment, maintenance, or operation of the proposed
use shall not be detrimental to or endanger the public health, safety,
or general welfare.
(h)
The public interest and welfare supporting the proposed use
shall be sufficient to outweigh the individual interests that are
adversely affected by the establishment of the proposed use.
(i)
The applicant shall have no outstanding tax liens, assessments
or other outstanding unsatisfied obligations to the City or to any
other public agency.
(4) Conditions required by the Council. 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 Council
upon its finding that these are necessary to fulfill the purpose and
intent of this chapter. The conditions that the Council may consider
include, but are not limited to, the following:
(a)
Financing and/or availability of adequate public facilities
or services;
(b)
Appropriate licensing for the conditional use;
(c)
Insurance against loss and/or liability;
(f)
Creation of restrictive covenants or easements;
(i)
Increased screening or landscaping requirements;
(k)
Standards pertaining to traffic, circulation, noise, lighting,
emissions, hours of operation, and protection of environmentally sensitive
areas;
(l)
Provision of stormwater management and erosion and sedimentation
control;
(m)
Require that a performance guarantee, acceptable in form, content,
and amount to the City Attorney, be posted by the applicant to ensure
continued compliance with all conditions and requirements as may be
specified; and/or
(n)
Require that a development agreement be entered into by the
applicant.
(5) Compliance with other chapter provisions. 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 as provided in §
17.34(2)(b) of this chapter.
(6) Compliance with Code of Ordinances. A grant by the Council of a conditional
use permit does not exempt the permit holder from its obligation to
comply with any other part of the City's Code of Ordinances, including,
but not limited to, ordinances regarding public nuisances.
(7) Review of existing conditional use permits.
(a)
Annual review. All conditional use permits shall be reviewed
annually in order to ensure compliance with the conditions of the
original permit.
(b)
Review for cause. Conditional use permits shall be subject to
special review if any of the following circumstances apply:
1. The
applicant is cited for a violation of the City Code of Ordinances
by the Nekoosa Police Department.
2. The
owner of the property to which the conditional use applies is cited
for a violation of the City Code of Ordinances by the Nekoosa Police
Department.
3. The
Zoning Administrator deems a review necessary based on good faith
concerns that are based on documented circumstances observed by the
Zoning Administrator regarding the conditional use.
(c)
Review procedure.
1. The
Zoning Administrator shall conduct an initial review and investigation
of the conditional use prior to the Plan Commission's meeting and
prepare a verbal and/or written recommendation.
2. The
Plan Commission shall schedule a public meeting for the purpose of
conducting a review of the conditional use. At such meeting, the Plan
Commission shall receive the Zoning Administrator's report and determine
whether to recommend action on the conditional use permit. If the
Plan Commission recommends any such action, the Plan Commission shall
forward such recommendation to the City Council for consideration
at its next regular meeting. The Plan Commission may recommend any
action consistent with this chapter, including, but not limited to,
imposing additional conditions, requiring additional information from
the applicant, and/or temporary suspension or termination of the conditional
use permit.
3. Upon
receipt of the Plan Commission's recommendation and consideration
at its regular meeting, the City Council shall make a final determination
as to the action to be taken regarding the conditional use, if any.
All such determinations shall be by majority vote of the Council.
(8) Public and semipublic uses. The following public and semipublic uses
shall be conditional uses and may be permitted as specified:
(a)
Governmental and cultural uses such as fire and police stations,
the City Hall, community centers, libraries, public emergency shelters,
parks, playgrounds and museums in all residential and business districts.
(b)
Public, parochial and private elementary and secondary schools
and churches in residential districts, provided the lot area is not
less than two acres and all principal structures and uses are not
less than 50 feet from any lot line.
(c)
Hospitals, sanitariums and religious and charitable institutions
in the residential, business and agricultural districts.
(d)
Cemeteries and crematories in the A-1 Agricultural District,
provided that all principal structures and uses are not less than
50 feet from any lot line.
(e)
Other public or semipublic uses consistent with this chapter.
(9) Residential uses. The following residential uses shall be conditional
uses and may be permitted in the R-1, R-2 and R-3 Residential Districts
and business districts as specified:
(a) Clubs,
fraternities, lodges and meeting places of a noncommercial nature
in the R-2 and R-3 Residential Districts, provided that all principal
structures and uses are not less than 25 feet from any lot line.
(b) Rest
homes, nursing homes, homes for the aged, clinics and children's nurseries
in the R-2 and R-3 Residential Districts and the business districts,
provided all principal structures and uses are not less than 50 feet
from any lot line.
(c) Low-impact
professional businesses that operate during normal business hours
of 8:00 a.m. to 6:00 p.m., Monday through Friday, including, but not
limited to, professional home offices, including chiropractic practitioners,
doctors of medicine, practitioners, dentists, clergymen, architects,
landscape architects, professional engineers, registered land surveyors,
lawyers, artists, teachers, authors, musicians or other recognized
professionals as brought before the Council. In no case shall there
be greater than two professional occupations per site.
(10) Industrial and agricultural uses. The following industrial and agricultural
uses shall be conditional uses and may be permitted as specified:
(a) Animal hospitals in the Agricultural and Industrial Districts, provided
the lot area is not less than three acres and all principal structures
and uses are not less than 100 feet from a residential district.
(b) Commercial service facilities such as restaurants and fuel stations
in the Industrial District, provided all such services are physically
and sales oriented toward Industrial District users, and employees
and other users are only incidental customers.
(c) Other agricultural and/or industrial uses consistent with this chapter.
(11) Recreational uses.
(a) Public. The following public recreational facilities shall be conditional
uses and may be permitted as specified: archery ranges, camps, conservatories,
driving ranges, golf courses, gymnasiums, skating rinks, sports fields,
stadiums and swimming pools in residential districts or the A-1 District,
provided that the lot area is not less than three acres and all structures
are not less than 50 feet from any lot line, with the approval of
the Council.
(b) Commercial. Commercial recreation facilities such as arcades, bowling
alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature
golf, physical culture, pool and billiard halls, rifle ranges, skating
rinks and theaters are conditional uses and may be permitted in the
business districts.
(c) Boat launching ramp, boat liveries and marinas. Marinas and boat
liveries may be permitted in any district, provided that they are
designed and constructed as to not interfere with adjacent riparian
owners' uses of the water for swimming, fishing or boating, nor interfere
with or obstruct the public's free navigation.
(d) Camping areas. Camping areas may be permitted in the Agricultural
and Conservancy Districts, provided that:
1. The minimum size of a camping area shall be five acres.
2. The maximum number of camping sites shall be 10 per acre.
3. Minimum dimensions of a camping site shall be 30 feet wide by 50
feet long.
4. Each camping site shall be separated from other camping sites by
a yard not less than 15 feet wide.
5. There shall be 1 1/2 automobile parking spaces for each camping
site.
6. There shall be a minimum setback for each camping site of 40 feet
from all other exterior lot lines.
7. The Plan Commission shall specify that adequate waste disposal facilities
be provided.
(12) Termination of conditional uses. A conditional use shall terminate
when any of following circumstances applies:
(a) The conditional use previously granted no longer conforms with the
conditions of the original grant as determined by a review conducted
pursuant to Subsection (7) above.
(b) The conditional use permit expires and is not timely renewed.
(c) The property to which the conditional use permit applies changes
ownership by any mechanism.
(d) If the applicant is not the owner of the property to which the conditional
use permit applies, the applicant is evicted or otherwise ceases to
occupy the property.
[Added 7-12-2022 by Ord. No. 617]
(1) Intent.
(a)
The planned unit development conditional use is intended to
permit developments that will, over a period of time, be enhanced
by coordinated area site planning, diversified location of structures
and/or mixing of compatible uses. Such developments are intended to
provide a safe and efficient system for pedestrian and vehicle traffic;
to provide attractive recreation and open spaces as integral parts
of the developments; to enable economic design in the location of
public and private utilities and community facilities; and to ensure
adequate standards of construction and planning. The planned unit
development under this section will allow for flexibility of overall
development design with benefits from such design flexibility intended
to be derived by both the developer and the community, while, at the
same time, maintaining insofar as possible, the land use density and
other standards or use requirements as set forth in the underlying
basic zoning district.
(b)
The unified and planned development of a site in a single, partnership
or corporate ownership or control or in common ownership under the
Unit Ownership Act set forth in Chapter 703 Condominiums of the Wisconsin
Statutes, may be permitted by the City upon specific petition under
Subsection (7)(b) of this section and after public hearing, with such
development encompassing one or more principal uses or structures
and related accessory uses or structures when all regulations and
standards as set forth in this section have been met.
(2) Types of planned unit developments. This section contemplates that
there may be residential, commercial, industrial, planned unit developments
and mixed compatible use developments.
(3) General requirements for planned unit developments. A planned unit
development shall be consistent in all respects to the expressed intent
of this section and to the spirit and intent of this chapter; shall
be in conformity with the adopted comprehensive plan, any project
plan for any applicable Tax Increment Financing District, any applicable
neighborhood plan or any adopted component thereof, and/or any other
applicable plan; and shall not be contrary to the general welfare
and economic prosperity of the community.
(4) Physical requirements for planned unit developments.
(a)
Minimum area requirements. Areas designated as planned unit
developments shall contain a minimum development area as follows:
Principal Uses
|
Minimum Area of PUD
|
---|
Residential PUD
|
3 Acres
|
Commercial PUD
|
5 Acres
|
Industrial PUD
|
5 Acres
|
Mixed Compatible Use
|
10 Acres
|
(b)
Density requirements (lot area, width and yard requirements).
The district area, width and yard requirements of the basic use district
may be modified; however, in no case shall the average density in
a residential district exceed the number of dwelling units that would
have been permitted if the planned unit development regulations had
not been utilized
(c)
Building height and area requirements.
1.
Buildings in a planned unit development shall not exceed the
height permitted in the basic use district.
2.
Buildings in a planned unit development shall have a minimum
area that is equal to or greater than that required in the basic use
district.
(d)
Single parcel, lot or tract. The planned unit development shall
be considered as one tract, lot or parcel, and the legal description
must define said PUD as a single parcel, lot or tract and be so recorded
with the County Register of Deeds.
(5) Requirements as to public services and facilities.
(a)
The development site shall be provided with adequate drainage
facilities for surface and stormwaters.
(b)
The site will be accessible from public roads that are adequate
to carry the traffic that can be expected to be generated by the development.
(c)
No undue constraint or burden shall be imposed on public services
and facilities, such as fire and police protection, street maintenance,
water, sanitary sewer and storm drainage, and maintenance of public
areas by the developments.
(d)
The streets and driveways on the site of the development shall
be adequate to serve the residents of the development and, in the
case of public dedicated streets, will meet the minimum standards
of all applicable ordinances or administrative regulations of the
City.
(e)
Public water and sewer facilities shall be provided.
(6) Subsequent land division. The division of any land or lands within
a planned unit development for the purpose of change or conveyance
of ownership may be accomplished pursuant to the land division/subdivision
regulations of the City when such division is contemplated.
(7) Procedural requirements for planned unit developments.
(a)
Pre-petition conference. Prior to the official submission of
the petition for the approval of a planned unit development, the owner
or his agent making such petition shall meet with the Common Council
or its staff to discuss the scope and proposed nature of the contemplated
development.
(b)
Petition for approval. Following the pre-petition conference,
the owner or his agent may file a petition with the City Clerk for
approval of a planned unit development. Such petition shall be accompanied
by a review fee to be set by the Common Council, but in any case of
no less than $100, as well as incorporate the following information:
1.
Informational statement. A statement which sets forth the relationship
of the proposed PUD to the City's adopted comprehensive plan,
any project plan for any applicable Tax Increment Financing District,
any applicable neighborhood plan or any adopted component thereof,
and/or any other applicable plan, and the general character of and
the uses to be included in the proposed PUD, including the following
information:
a.
Total area to be included in the PUD, area of open space, residential
density computations, proposed number of dwelling units, population
analysis, availability of or requirements for municipal services and
other similar data pertinent to a comprehensive evaluation of the
proposed development.
b.
A general summary of the estimated value of structures and site
improvement costs, including landscaping and special features.
c.
A general outline of the organizational structure of a property
owner's or management's association, which may be proposed
to be established for the purpose of providing any necessary private
services.
d.
Any proposed departures from the standards of development as
set forth in the City zoning regulations, land subdivision ordinance,
other City regulations or administrative rules, or other universal
guidelines.
e.
The expected date of commencement of physical development as
set forth in the proposal and an outline of any development staging
which is planned.
2.
A general development plan including:
a.
A legal description of the boundaries of the subject property
included in the proposed PUD and its relationship to surrounding properties.
b.
The location of public and private roads, driveways, sidewalks
and parking facilities.
c.
The size, arrangement and location of any individual building
sites and proposed building groups on each individual site.
d.
The location of institutional, recreational and open space areas
and areas reserved or dedicated for public uses, including schools,
parks and drainageways.
e.
The type, size and location of all structures.
f.
General landscape treatment.
g.
The existing and proposed location of public sanitary sewer,
water supply facilities and stormwater drainage facilities.
h.
The existing and proposed location of all private utilities
or other easements.
i.
Characteristics of soils related to contemplated specific uses.
j.
Existing topography on the site with contours at no greater
than two-foot intervals.
k.
Anticipated uses of adjoining lands with respect to roads, surface
water drainage and compatibility with existing adjacent land uses.
l.
If the development is to be staged, a staging plan.
m.
A plan showing how the entire development can be further subdivided
in the future.
(c)
Public hearing. The Common Council shall hold public hearing on the petition in the manner provided in §
17.26 for conditional uses.
(8) Basis for approval of the petition for a planned unit development.
(a)
Requirements. The Plan Commission, in making a determination
approving a petition for planned unit development, shall find as follows:
1. That the general requirements made and provided in §
17.261(3) will be met;
2.
That the applicable physical requirements made and provided in §
17.261(4) will be met;
3. That the requirements as to public services and facilities made and provided in §
17.261(5) will be met.
(b) Proposed construction schedule. The Plan Commission, in making its
respective recommendation and determination, shall consider the reasonableness
of the proposed construction schedule and any staging plan for the
physical development of the proposed PUD, commencement of the physical
development within one year of approval being deemed reasonable.
(c) Residential PUD considerations. The Plan Commission, in making its
respective recommendation and determination as to a proposed residential
planned unit development, shall further consider whether:
1.
Such development will create an attractive residential environment
of sustained desirability and economic stability, including structures
in relation to terrain, consideration of safe pedestrian flow, ready
access to recreation space and coordination with overall plans for
the community.
2.
If applicable, the total net residential density within the
planned unit development will be compatible with the City comprehensive
plan, any project plan for any applicable Tax Increment Financing
District, any applicable neighborhood plan or any adopted component
thereof, and/or any other applicable plan, and shall be compatible
with the density of the district wherein located.
3.
Structure types will be generally compatible with other structural
types permitted in the underlying basic use district. To this end,
structure type shall be limited as follows:
a.
Planned residential developments in the R-1, R-2 or R-3 Districts
shall not exceed four dwelling units per structure.
b.
Planned residential developments in the R-4 District shall not
exceed 16 dwelling units per structure.
4.
Provision has been made for the installation of adequate public
facilities and the continuing maintenance and operation of such facilities
if privately owned.
5.
Provision has been made for adequate, continuing fire and police
protection.
6.
The population density of the development will or will not have
an adverse effect upon the community's capacity to provide needed
school or other municipal service facilities.
7.
Adequate guarantee is provided for permanent preservation of
open space areas as shown on the general development plan as approved
either by private reservation and maintenance or by dedication to
the public.
(d) Commercial PUD considerations. The Common Council, in making their
respective recommendation and determination as to a proposed commercial
planned unit development, shall further consider whether:
1.
The economic practicality of the proposed development can be
justified.
2.
The proposed development will be served by off-street parking
and truck service facilities in accordance with this chapter.
3.
The proposed development shall be adequately provided with,
and shall not impose any undue burden on, public services and facilities
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
4.
The locations of entrances and exits have been designated to
prevent unnecessary interference with the safe and efficient movement
of traffic on surrounding streets and that the development will not
create any adverse effect upon the general traffic pattern of the
surrounding neighborhood.
5.
The architectural design, landscaping, control of lighting and
general site development will result in an attractive and harmonious
service area compatible with and not adversely affecting the property
values of the surrounding neighborhood.
(e) Industrial PUD considerations. The Plan Commission, in making its
respective recommendations and determination as to a proposed industrial
planned unit development, shall further consider whether:
1.
The operational character and physical plant arrangement of
buildings will be compatible with the latest in performance standards
and industrial development design and will not result in an adverse
effect upon the property values of the surrounding neighborhood.
2.
The proposed development shall be adequately provided with and
shall not impose any undue burden on public services and facilities,
such as fire and police protection, street maintenance, water sanitary
sewer and stormwater drainage and maintenance of public areas.
3.
The proposed development will include provision for off-street
parking and truck service areas in accordance with this chapter and
will be adequately served by easy-access rail and/or arterial highway
facilities.
4.
The proposed development is properly related to the total transportation
plan of the community and not result in an adverse effect on the safety
and efficiency of the public streets.
(f)
Mixed use PUD considerations. The Plan Commission, in making
its determination as to a proposed mixed use planned unit development,
shall further consider whether:
1.
The proposed mixture of uses is compatible with the zoning district
in which it is located and which, as a total development entity, is
compatible with the surrounding neighborhood.
2.
The various types of uses conform to the general requirements
as hereinbefore set forth, applicable to projects of such use and
character.
3.
The proposed development shall be adequately provided with and
shall not impose any undue burden on public services and facilities,
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(9) Determination of disposition of the petition.
(a)
General. The Plan Commission, following public hearing thereon
and after due consideration, shall either deny the petition, approve
the petition as submitted and recommend the petition for consideration
by the Common Council, or approve the petition subject to any additional
conditions and restrictions the Plan Commission may impose and recommend
the petition as so amended for consideration by the Common Council.
The Common Council shall take up the petition for approval at the
next Common Council meeting following the Plan Commission's approval
pursuant to this subsection. The Common Council shall vote to approve
or deny the petition as presented based on the same factors described
in this section, but may impose and recommend additional conditions
and restrictions or deny a petition approved by the Plan Commission
for reasons cited by the Common Council as new or not sufficiently
considered by the Plan Commission.
(b)
Approval. The general and detailed approvals of a planned unit
development shall be based on and include, as conditions thereto,
the building, site and operational plans for the development as approved
by the Common Council.
1.
General approval. The general development plan submitted with
the PUD application need not necessarily be completely detailed at
the time of petition, provided it is in sufficient detail to satisfy
the Plan Commission and the Common Council as to the general character,
scope and appearance of the proposed development. Such plan shall
designate the pattern of proposed streets and the size and arrangement
of individual buildings and building sites. The approval of such general
development plan, by way of approval of the petition, shall be conditioned
upon the subsequent submittal and approval of more specific and detailed
plans as each stage of development progresses.
2.
Detailed approval. Detail plans must be furnished to the Plan
Commission and the Common Council for their consideration and the
detailed approval by the Plan Commission and the Common Council of
any part or stage of the proposed development shall be required before
construction of such part or stage of the development may be commenced.
Before plans submitted for detailed approval within the corporate
limits will be approved, the petitioner shall give satisfactory proof
that he has contracted to install all improvements or file a performance
bond ensuring that such improvements will be installed within the
time required by the Plan Commission and the Common Council.
(c)
Changes and additions. Any subsequent substantial change or
addition to the plans or uses shall be submitted for approval to the
Plan Commission and if, in the opinion of the Plan Commission, such
change or addition constitutes a substantial alteration of the original
plan, it shall schedule an additional public hearing in which event
the Plan Commission shall schedule a notice of public hearing as for
the original petition. Following such public hearing, same general
procedure described in Subsection (9)(a) above shall be followed.
This chapter permits specific uses in specific districts, and
these performance standards are designed to limit, restrict and prohibit
the effects of those uses outside their premises or district. No structure,
land or water shall hereafter be used except in compliance with the
district regulations and with the following performance standards:
(1) Air pollution. No activity shall emit fly ash, dust, fumes, vapors,
mists, gases, liquids or solid particles in concentrations exceeding
the administrative standards established by the Department of Natural
Resources.
(2) 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.
(3) Glare and heat. No unsanctioned activity shall emit glare or heat
that is visible or measurable outside its premises, except activities
in the Industrial District which may emit direct or sky-reflected
glare which shall not be visible outside their district. All operations
producing intense glare or heat shall be conducted within a completely
enclosed building. Exposed sources of light shall be shielded so as
not to be visible outside their premises.
(4) Liquid or solid wastes. No activity shall discharge at any point
onto any land or into any water or public sewer any materials of such
nature, quantity, noxiousness, toxicity or temperature which can contaminate,
pollute or harm the quantity or quality of any water supply; can cause
the emission of dangerous or offensive elements; can overload the
existing municipal utilities; or can injure or damage persons or property.
(5) Noise and vibration. There shall be no noise or vibration emanating
from any unsanctioned activities beyond the boundaries of the immediate
site in excess of Federal OSHA standards. Sirens, whistles and bells
which are maintained and utilized solely to serve a public purpose
are exempt from the sound-level standards of this chapter.
(6) Odors. No activity shall emit any odorous matter of such nature or
quantity as to be offensive, obnoxious or unhealthful outside its
premises.
(7) Radioactivity and electrical disturbances. No activity shall emit
radioactivity or electrical disturbances outside its premises that
are dangerous or adversely affect the use of neighboring premises.
It shall be unlawful to construct or use any structure, land
or water in violation of any of the provisions of this chapter or
to violate conditions placed on conditional uses. In case of any violation,
the Council, the Zoning Administrator, or any property owner who would
be specifically damaged by such violation may institute an appropriate
action or proceeding to enjoin a violation of this chapter.
Any person who fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in §
25.04 of this Code. Each day a violation exists or continues shall constitute a separate offense.