[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No.
423. Amendments noted where applicable.]
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only, are hereby repealed.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."
(1)
Jurisdiction. The jurisdiction of this chapter shall include all
lands and waters within the corporate limits of the City of Nekoosa.
(2)
Compliance. No structure shall hereafter be used and no structure
or part thereof shall hereafter be located, erected, moved, reconstructed,
extended, enlarged, converted or structurally altered without a zoning
permit and without full compliance with the provisions of this chapter
and all other applicable City, county and state regulations.
(3)
Site restrictions.
(a)
General restrictions. No land shall be used or structure erected
where the land is held unsuitable for such use or structure by reason
of flooding, concentrated runoff, inadequate drainage, adverse soil
or rock formation, unfavorable topography, low bearing strength, erosion
susceptibility or any other feature likely to be harmful to the health,
safety, prosperity, aesthetics and general welfare of the City. The
Zoning Administrator, in applying the provisions of this subsection,
shall, in writing, recite the particular facts upon which he bases
his conclusion that the land is not suitable for certain uses. The
applicant shall have an opportunity to appeal a finding of such unsuitability
to the Zoning Board of Appeals if he so desires. Thereafter, the Zoning
Administrator may affirm, modify or withdraw his determination of
unsuitability.
(b)
Minimum frontage. All lots shall abut upon a street and each
lot shall have a minimum frontage of 75 feet at the building setback
line.
(c)
Principal structure. All principal structures shall be located
on a lot and only one principal structure shall be located, erected
or moved onto a lot.
(d)
Street access. No zoning permit shall be issued for a lot which
abuts a public street dedicated only to a portion of its proposed
width and located on that side thereof from which the required dedication
has not been secured.
(e)
Private sewer and water. In any district where a public water
supply or public sewerage service is not available, inhabitable buildings
shall be constructed or placed on a lot that complies with Ch. SPS
385, Wis. Adm. Code.
(4)
Use restrictions. The following use restrictions and regulations
shall apply:
(a)
Principal uses. Only those principal uses specified for a district,
their essential services, and those uses enumerated below shall be
permitted in a designated district.
(b)
Accessory uses. Accessory uses and structures are permitted
in any district, but not until the principal structure is present
or under construction.
(c)
Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing and approval by the Council in accordance with § 17.26 of this chapter.
(d)
Unclassified or unspecified uses. Unclassified or unspecified
uses may be permitted by the Plan Commission, provided that such uses
are similar in character to the principal uses permitted in the district.
(6)
Visual clearance. On a corner lot in any district, nothing shall
be erected, placed, planted or allowed to grow in such a manner as
to materially impede vision between a height of 2 1/2 feet above
the center-line grades of the intersecting streets in the area bounded
by the street lines of such corner lot and a line joining points along
said street lines 25 feet from the point of the intersection.
(7)
Temporary uses. Temporary uses such as real estate sales field offices
or shelters for materials and equipment being used in the construction
of a permanent structure may be permitted by the Zoning Board of Appeals.
(8)
Reduction or joint use. No lot, yard, parking area, building area
or other space shall be reduced in area or dimension so as not to
meet the provisions of this chapter. No part of any lot, yard, parking
area or other space required for a structure or use shall be used
for any other structure or use.
(9)
Corner lot setbacks. In addition to other setback requirements, the
side yard of a corner lot abutting the street shall be a minimum of
25 feet.
(1)
Application. Application for a zoning permit shall be made to the
Zoning Administrator on forms furnished by the Administrator and may
include the following, where applicable. In case of simple extensions,
alterations, repairs or restorations, the Administrator may waive
any or all of the requirements hereunder and accept, in lieu thereof,
a simple sketch by the applicant with explanatory data found sufficient
by the Administrator to adequately identify and explain the proposed
construction and use.
(a)
Names and addresses of the applicant or owner of the site and
the architect, professional engineer or contractor.
(b)
Description of the subject site by lot, block and recorded subdivision
or by metes and bounds; address of the subject site; type of structure;
existing and proposed operation or use of the structure or site; number
of employees; and the zoning district within which the subject site
lies.
(c)
Plat of survey showing the location, boundaries, dimensions,
elevations, uses and size of the following:
1.
Subject site.
2.
Existing and proposed structures.
3.
Existing and proposed easements.
4.
Streets and other public ways.
5.
Off-street parking, loading and driveways.
6.
Existing highway access restrictions.
7.
Existing and proposed street, side and rear yards.
8.
Elevation and use of abutting lands within 40 feet.
(d)
When required, the application for a zoning permit shall also
contain copies of approved plans by the Wisconsin Department of Safety
and Professional Services.
(e)
No fee is required.
(f)
Additional information as may be required by the Plan Commission,
the Council or the Zoning Administrator.
(2)
Grant or denial. The zoning permit applied for shall be granted or
denied in writing by the Zoning Administrator within 30 days. Any
permit issued in conflict with the provisions of this chapter shall
be null and void.
For the purposes of this chapter, the following definitions
shall be used:
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.
A special public right-of-way affording only secondary access
to abutting properties.
A portion of a residential or commercial building used as
a separate housing unit.
See "dwelling, multifamily."[1]
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.
That portion of any structure located partly below the average
adjoining lot grade.
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.
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.
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.
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.
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.
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.
See "garage, private."[2]
Use of a special nature as to make impractical its predetermination
as a principal use in a district.
Any lawful use of a building or lot which complies with the
provisions of this chapter.
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.
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.
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.[3]
A detached building designed, arranged or used for and occupied
exclusively by one family, and shall include a manufactured home.[4]
A building designed, arranged or used for or occupied exclusively
by two families living independently of each other.
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.
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.
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.[5]
Land consisting of 10 acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption,
use or sale.
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.
The smallest dimension of a lot abutting a public street,
measured along the street line.
A building used primarily for private vehicle storage.
Any garage other than a private garage which is open to the
public and used for the storage or repair of motor vehicles.
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.[6]
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.
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.
All rooms within a dwelling, except closets, foyers, storage
areas, utility rooms and bathrooms.
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.
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.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
The horizontal distance between the side lot lines.
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.
A structure certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 to 5426, which, when placed
on a site:
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.
Any lot on which two or more mobile homes are parked for
the purpose of temporary or permanent habitation.
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.[7]
A structure or premises containing 10 or more parking spaces
open to the public.
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.
Includes all abutting property owners, all property owners
within 100 feet and all property owners of opposite frontage.
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.
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.
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.
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.
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.
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.
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.
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.[8]
A public right-of-way not less than 50 feet wide providing
primary access to abutting properties.
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.
Any change in the supporting members of a structure such
as foundations, bearing walls, columns, beams or girders.
Any erection or construction such as buildings, towers, masts,
poles, booms, signs, decorations, carports, machinery and equipment.
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.
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.
|
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.
(7)
M-1 Industrial District.
(8)
A-1 Agricultural District.
(9)
C-1 Conservancy District.
(1)
Zoning Map. The boundaries of the districts enumerated in § 17.13 of this chapter are hereby established as shown on a map titled "Zoning Map, City of Nekoosa, Wisconsin," dated January 5, 1988, 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 and shall be available to the public in the office of the City Clerk. Changes to the districts subsequent to January 5, 1988, shall not be effective until entered and attested on this certified copy.
(2)
Boundary lines. 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.
(a)
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.
(b)
Annexations and consolidations. Annexations to or consolidations
with the City subsequent to the effective date of this chapter shall
be placed in the A-1 Agricultural District unless the annexation ordinance
temporarily places the land in another district. Within 90 days, the
Plan Commission shall evaluate and recommend a permanent district
classification to the Council.[1]
(3)
(4)
Additional building and aesthetic requirements. Each single-family
dwelling shall:
(a)
Be attached to a permanent foundation.
(b)
Have a roof with a minimum of one-foot overhang, covered with
shingles or tile and at least a 1:3 pitch.
(c)
Have an exterior wall surface finished with materials which
are similar in appearance to materials used on existing dwellings
located in the surrounding area. The reflection from such exterior
wall surface shall not be greater than from siding painted with white
semigloss exterior enamel.
[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.
3.
Hotels and motels.
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.
[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%.
[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.
(1)
Permitted uses: none.
(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)
(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.
(c)
Camping area.
(d)
Cemetery.
(e)
Essential services.
(f)
Fur farm.
(g)
Golf course.
(h)
Mineral extraction.
(i)
Licensed landfills.
(j)
Quarrying.
(k)
Sewage disposal plant.
(l)
Uses customarily incidental to any conditional use granted pursuant
to this chapter.
[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.
See Chapter 19 of this Code.
See Chapter 18 of this Code.
[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:
(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;
(d)
Dedication of land;
(e)
Reservation of land;
(f)
Creation of restrictive covenants or easements;
(g)
Special setbacks;
(h)
Yard requirements;
(i)
Increased screening or landscaping requirements;
(j)
Development phasing;
(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
(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.
(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:
(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:
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.
(1)
Loading requirements. In all districts, except the B-1 District,
adequate loading areas shall be provided so that all vehicles loading,
maneuvering or unloading are completely off the public ways and so
that all vehicles need not back onto any public way.
(a)
Size and location. The size and location of each loading space
shall be not less than 12 feet in width, 35 feet in length and have
a minimum vertical clearance of 14 feet and may occupy all or any
part of any required yard.
(b)
Required number of off-street loading spaces.
|
Uses
|
Square Feet of Gross Floor Area
|
Required Off-Street Loading Spaces
| |
|---|---|---|---|
|
School
|
0
|
1
| |
|
Hospital
|
Under 10,000
|
None
| |
|
From 10,000 to 30,000
|
1
| ||
|
Each additional 30,000 or major fraction thereof
|
1 additional
| ||
|
Funeral home
|
0
|
1
| |
|
Office, hotel, retail service, wholesale, warehouse, manufacturing,
processing or repairing uses
|
Under 10,000
|
None
| |
|
From 10,000 to 25,000
|
1
| ||
|
From 25,001 to 40,000
|
2
| ||
|
From 40,001 to 60,000
|
3
| ||
|
From 60,001 to 100,000
|
4
| ||
|
Each additional 50,000 or major fraction thereof
|
1 additional
|
(2)
Parking requirements. In all districts, except the B-1 Central Business
District, and in connection with every use, there shall be provided,
at the time any use or building is erected, enlarged, extended or
increased, off-street parking stalls for all vehicles in accordance
with the following:
(a)
Access. Adequate access to a public street shall be provided
for each parking space, and a single driveway shall be at least 10
feet wide and not exceed 14 feet in width for one- and two-family
dwellings and up to 24 feet for a double driveway and all other uses.[1]
(b)
Size. The size of each parking space shall be not less than
nine feet by 20 feet, exclusive of the space required for ingress
and egress.
(c)
Location. The location shall be on the same lot as the principal
use, or not over 400 feet from the principal use. No parking stall
or driveway, except in residential districts, shall be closer than
25 feet to a residential district lot line or a street line opposite
a residential district, and no residential driveway shall be closer
than eight feet to any lot line except on culs-de-sac.
(d)
Surfacing. All off-street parking areas shall be graded and
surfaced so as to be dust-free and properly drained. Any parking area
for five or more vehicles shall be paved with a bituminous surface
or equivalent and have spaces and aisles clearly marked.
(e)
Curbs or barriers. Curbs or barriers shall be installed so as
to prevent the parked vehicles from extending over any lot lines.
(f)
Parking stalls required.[2]
|
Use
|
Number of Stalls
| |
|---|---|---|
|
Single-family dwellings and mobile homes
|
2 per dwelling unit
| |
|
Two-family and multifamily dwellings
|
2 per dwelling unit
| |
|
Hotels and motels
|
1 per guest room, plus 1 per 3 employees
| |
|
Hospitals, clubs, lodges, lodging houses and boardinghouses
|
1 per 2 beds, plus 1 per 3 employees
| |
|
Sanitariums, institutions, rest homes and nursing homes
|
1 per 5 beds, plus 1 per 3 employees
| |
|
Medical and dental clinics
|
3 per doctor
| |
|
Churches, theaters, auditoriums, community centers, vocational
and night schools and other places of public assembly
|
1 per 5 seats
| |
|
Secondary and elementary schools
|
1 per 2 employees, plus 1 per student auto permitted
| |
|
Restaurants, bars, places of entertainment, repair shops, and
retail and service stores
|
1 per 100 square feet of floor area
| |
|
Manufacturing and processing plants, laboratories and warehouses
|
1 per 3 employees
| |
|
Financial institutions and business, governmental and professional
home offices
|
1 per 200 square feet of floor area, plus 1 per 2 employees
| |
|
Funeral homes
|
1 per 4 seats, plus 1 per vehicle used in the business
| |
|
Bowling alleys
|
5 per alley
|
(3)
Driveways. All driveways installed, altered, changed, replaced or
extended after the effective date of this chapter shall meet the following
requirements:
(a)
Islands. Islands between driveway openings in business and industrial
areas shall be provided, with a minimum of 12 feet between all driveways
and six feet at all lot lines.
(b)
Ingress and egress openings. Openings for vehicular ingress
and egress shall not exceed 24 feet at the street line and 30 feet
at the roadway.
(c)
Entrances and exits. Vehicular entrances and exits to drive-in
theaters; banks; restaurants; motels; funeral homes; vehicular sales,
service, washing and repair stations; garages; or public parking lots
shall be not less than 200 feet from the pedestrian entrance or exit
to a school, church, hospital, park, playground, library, public emergency
shelter or other place of public assembly.
(4)
Highway access.
(a)
Private access restricted. No direct private access shall be
permitted to the existing or proposed rights-of-way of expressways
nor to any controlled-access arterial street without permission of
the highway agency that has access-control jurisdiction.
(b)
Public or private access prohibited. No direct public or private
access shall be permitted to the existing or proposed rights-of-way
of the following:
1.
Freeways, interstate highways and their interchanges or turning
lanes, nor to intersections of interchanging streets within 1,500
feet of the most remote end of the taper of the turning lanes.
2.
Arterial streets intersecting another arterial street within
100 feet of the intersection of the right-of-way lines.
3.
Streets intersecting an arterial street within 50 feet of the
intersection of the right-of-way lines.
(c)
Public access barriers. Access barriers such as curbing, fencing,
ditching, landscaping or other topographic barriers shall be erected
to prevent unauthorized vehicular ingress or egress to the above-specified
streets or highways.
(d)
Temporary access. Temporary access to the above rights-of-way
may be granted by the Council after review and recommendation by the
highway agencies having jurisdiction. Such access permits shall be
temporary and revocable and subject to any conditions required and
shall be issued for a period not to exceed 12 months.
(1)
Existing nonconforming uses.
(a)
Continuation. The lawful nonconforming use of a structure, land
or water existing at the time of the adoption or amendment of this
chapter may be continued although the use does not conform with the
provisions of this chapter; provided, however:
1.
Only that portion of the land or water in actual use may be
so continued, and the structure may not be extended, enlarged, reconstructed,
substituted, moved or structurally altered, except when required to
do so by law or order or so as to comply with the provisions of this
chapter.
2.
The total lifetime structural repairs or alterations shall not
exceed 50% of the assessed value of the structure at the time of its
becoming a nonconforming use, unless it is permanently changed to
conform to the use provisions of this chapter.
3.
Substitution of new equipment may be permitted by the Zoning
Board of Appeals if such equipment will reduce the incompatibility
of the nonconforming use with the neighboring uses.
(b)
Abolishment or replacement of existing nonconforming use.
1.
If such nonconforming use is discontinued or terminated for
a period of 12 months, any future use of the structure, land or water
shall conform to the provisions of this chapter. When a nonconforming
use or structure is damaged by fire, explosion, flood, the public
enemy or other calamity to the extent of more than 50% of its current
assessed value, it shall not be restored except so as to comply with
the use provisions of this chapter. From the date of adoption of this
chapter, a current file of all nonconforming uses shall be maintained
by the City Clerk, listing the following: owner's name and address;
use of the structure, land or water; assessed value at the time of
its becoming a nonconforming use.
2.
Pursuant to § 62.23(7)(hc), Wis. Stats., a nonconforming
structure damaged or destroyed by violent wind, vandalism, fire, flood,
ice, snow, mold or infestation after March 2, 2006, may be restored
to the size, location, and use that it had immediately before the
damage or destruction occurred, and no limits may be imposed on the
costs of the repair, reconstruction, or improvement of said structure.
The size of the restored structure may be larger than the size it
was immediately before the damage or destruction if necessary for
the structure to comply with applicable state or federal requirements.[1]
(2)
Existing nonconforming structures. Any lawful nonconforming structure
existing at the time of the adoption or amendment of this chapter
may be continued, although its size or location does not conform with
the lot width, lot area, yard, height, parking and loading, and access
provisions of this chapter. However, it shall not be extended, enlarged,
reconstructed, moved or structurally altered except when required
to do so by law or order or so as to comply with the provisions of
this chapter.
(3)
Changes and substitutions. Once a nonconforming use or structure
has been changed to conform, it shall not revert back to a nonconforming
use or structure. Once the Zoning Board of Appeals has permitted the
substitution of a more restrictive nonconforming use for an existing
nonconforming use, the substituted use shall lose its status as a
legal nonconforming use and become subject to all the conditions required
by the Board.
(4)
Substandard lots. In any residential district, structures may be
erected on any legal lot of record prior to the effective date of
this Code, provided that the area, the width and the depth of such
existing lot shall be no less than 80% of the required minimum set
forth in the respective residential districts.
(1)
Site plan. At the time of application for a rezoning to the R-3 District and application for a mobile home park license under § 12.08 of this Code, the applicant shall submit a site plan to the Zoning Administrator containing the following:
(a)
The names and addresses of all owners and developers of the
proposed mobile home park.
(b)
The legal description and lot size, in acres, of the proposed
mobile home park.
(c)
The location and size of all mobile home spaces, storage areas,
recreation areas and facilities, landscaping, existing tree growth,
water areas, roadways, sidewalks and parking sites.
(d)
Detailed landscaping plans and specifications.
(e)
Plans for sanitary sewage disposal, surface drainage, water
system, electrical service, gas service, streetlighting and topography
diagrams.
(f)
Location and size of all public roadways abutting the mobile
home park and all street and sidewalk accesses from such street and
sidewalk to the mobile home park.
(g)
Preliminary road construction plans, specifications and elevations.
(h)
Preliminary floor plans and elevation for all structures.
(i)
Description and method of disposing of garbage and refuse.
(j)
Detailed description of proposed maintenance procedure and grounds
supervision.
(k)
Staging and timing of construction program, whether or not the
entire area will be developed at one time or in stages.
(l)
Such other reasonable information as shall be required by the
Zoning Administrator.
(2)
Mobile home space requirements. Each mobile home space shall have:
(a)
At least 5,000 square feet of land area for the exclusive use
of the residents of the mobile home located on the space, with a minimum
width of 50 feet and a minimum depth of 100 feet.
(b)
Frontage on an approved roadway, and the corner of each space
shall be marked, and each lot shall be numbered.
(3)
Yard requirements. All mobile homes shall comply with the following
yard requirements:
(4)
Parking. The following are minimum parking requirements for mobile
home parks:
(a)
Each mobile home space shall have off-street parking space for
two automobiles.
(b)
Each mobile home park shall maintain a hard-surfaced off-street
parking lot for guests of occupants of a size equivalent to one space
for each five mobile home spaces.
(c)
Access drives off roads to all parking spaces and mobile home
spaces shall be hard-surfaced in bituminous concrete or portland cement
concrete designed to accommodate normal traffic.
(d)
Automobiles shall not be parked nearer than five feet to any
side lot line unless combined with a contiguous parking area.
(5)
Utilities. The following minimum requirements for utilities shall
be maintained:
(a)
There shall be no obstructions impeding the inspection of plumbing,
electrical facilities, utilities or other related equipment.
(b)
Garbage, waste and trash disposal plans must be approved by
the Zoning Administrator and must conform to all state and local health
and pollution control regulations.
(c)
The owner of a mobile home park shall pay all required sewer
connection fees to the City Clerk.
(6)
Internal streets. All internal streets shall meet the following minimum
requirements:
(a)
Streets shall be hard-surfaced with bituminous concrete or portland
cement concrete to accommodate the structural requirements in the
City streets as approved by the Council.
(b)
All streets shall be developed with a roadbed of not less than
30 feet and a street surface of not less than 18 feet. Ancillary parking
on one side may be allowed except at parking area entrances if the
street width is at least 28 feet wide.
(7)
Sidewalks. A thirty-inch portland cement concrete sidewalk shall
be built and maintained by the owner providing access to all recreational
areas, common use buildings and storage areas, and to the public street
access.
(8)
Lighting. Artificial lights shall be maintained during all hours
of darkness in all buildings provided for common facilities for occupants'
use. The mobile home park grounds, street and pedestrian areas shall
be lighted from sunset to sunrise in accordance with a lighting plan
approved by the Council.
(9)
Recreation areas. All mobile home parks shall have one or more recreational
areas which shall be easily accessible to all park residents. Recreational
areas shall be so located as to be free of traffic hazards and shall,
where the topography permits, be centrally located. The size of such
recreational area shall be a minimum of 10% of the land area of the
mobile home park. All equipment installed in such area shall be owned
and maintained by the owner or operator of the mobile home park at
his expense.
(10)
Landscaping. The following minimum landscaping requirements shall
be maintained in all mobile home parks:
(a)
Each space shall be properly landscaped with at least one tree.
All yards shall be sodded or planted in grass. There shall be a minimum
of 20 trees per gross acre in all areas of a mobile home park. Tree,
grass and landscape materials shall be properly maintained and replaced
to conform to the approved landscape plans and specifications.
(b)
A visual screen consisting of a compact hedge, redwood fence,
coniferous trees or other approved landscape materials or a screen
fencing approved by the Zoning Administrator shall be installed and
maintained around the periphery of the mobile home park to substantially
inhibit the eye-level vision from the exterior when adjacent to any
resident district and shall be maintained free of rubbish, debris,
weeds and paper.
(c)
All areas shall be landscaped, and the landscape plan shall
be approved by the Zoning Administrator.
(11)
Mobile home stands required. All mobile homes shall be placed and
leveled on stands consisting of a sixteen-inch by sixteen-inch by
four-inch-deep square solid base, minimum, with a double tier of alternately
crossed eight-inch block ascending; no I-beam or any portion of the
mobile home frame shall rest directly on the concrete block. Wood
shimming shall be used. No second or medium grade of concrete block
may be used, and all block must be installed with the hollow core
in a vertical position. These stands shall be placed with a minimum
spacing of eight feet.
(12)
Tie downs and anchors required on all mobile homes. Straps and anchoring
equipment shall be capable of resisting an allowable working load
of not less than 3,150 pounds and capable of withstanding a 50% overload
(4,750 pounds) without failure. (Example: Type 1 Finish B, Grade 1
steel strapping, 1 1/4 inches wide and 0.035 inch thick conforming
with federal specifications. Q-QS781-H is recommended to meet the
above load requirements.) Tie downs and anchors shall be installed
as follows:
|
Number of Frame Ties Required
| |||||
|---|---|---|---|---|---|
|
Mobile Home Size
|
Number of Over-the-Roof Ties Required
|
2-Foot Pier
|
3-Foot Pier
|
4-Foot Pier
| |
|
44 x 12
|
2
|
4
|
5
|
5
| |
|
52 x 12
|
2
|
5
|
5
|
6
| |
|
54 x 12
|
2
|
5
|
6
|
7
| |
|
60 x 12
|
2
|
5
|
6
|
7
| |
|
65 x 12
|
2
|
6
|
7
|
8
| |
|
70 x 12
|
2
|
6
|
7
|
9
| |
|
74 x 12
|
2
|
6
|
8
|
9
| |
|
54 x 14
|
2
|
4
|
5
|
6
| |
|
60 x 14
|
2
|
5
|
5
|
6
| |
|
65 x 14
|
2
|
5
|
6
|
7
| |
|
70 x 14
|
2
|
6
|
7
|
8
| |
|
76 x 14
|
2
|
6
|
7
|
8
| |
|
80 x 14
|
2
|
7
|
7
|
8
| |
(13)
Skirting. All mobile home units shall have skirts around the entire
mobile home made of plastic, fiberglass or other comparable noncombustible
material approved by the Zoning Administrator and shall be of a permanent
color or painted to match the appropriate mobile home so as to enhance
the general appearance thereof.
(14)
Storage buildings. Any storage building in a mobile home park shall
be anchored.
(15)
Register of occupants. The owner of a mobile home park shall keep
a registration list available to the City or its agents for inspection
at reasonable times.
(16)
Inspection. All mobile homes shall comply with state and City fire,
health and building regulations. Before a mobile home unit may be
occupied, the owner must secure the inspection and approval of the
Zoning Administrator regarding compliance with such regulations.
(1)
Height. The district height limitations stipulated elsewhere in this
chapter may be exceeded, but such modification shall be in accordance
with the following:
(a)
Architectural projections. Architectural projections, such as
spires, belfries, parapet walls, cupolas, domes, flues and chimneys,
are exempt from the height limitations of this chapter.
(b)
Special structure height limitations. Special structures, such
as elevator penthouses, gas tanks, grain elevators, scenery lofts,
radio and television receiving antennas, manufacturing equipment and
necessary mechanical appurtenances, cooling towers, fire towers, substations
and smoke stacks, are exempt from the height limitations of this chapter.
(c)
Essential services height limitations. Essential services, utilities,
water towers, electric power and communications transmission lines
are exempt from the height limitations of this chapter.
(d)
Communications structures height restrictions. Communications
structures, such as radio and television transmission and relay towers,
aerials and observation towers, shall not exceed in height three times
their distance from the nearest lot line.
(e)
Agricultural structures height restrictions. Agricultural structures,
such as barns, silos and windmills, shall not exceed in height twice
their distance from the nearest lot line.
(f)
Public facilities height restrictions. Public or semipublic
facilities, such as schools, churches, hospitals, monuments, sanitariums,
libraries, governmental offices and stations, may be erected to a
height of 60 feet, provided all required yards are increased not less
than one foot for each foot the structure exceeds the district's maximum
height requirement.
(2)
Yards. The yard requirements stipulated elsewhere in this chapter
may be modified as follows:
(a)
Setback. Unless otherwise provided, there shall be a setback
line of not less than 25 feet, provided that on any corner lot less
than 80 feet wide and of record at the time of the adoption of this
chapter, where reversed frontage exists, the setback on the side street
shall be the setback required on the lot in the rear less one foot
for each foot by which the width of the said corner lot is less than
80 feet, but in no case less than 50% of the setback required on the
lot in the rear, provided further that in no case shall the buildable
width of such corner lot be reduced to less than 30 feet. No accessory
building shall project beyond the setback line of the lot in the rear.
(b)
Uncovered stair restrictions. Uncovered stairs, landings and
fire escapes may project into any yard, but not to exceed six feet
and not closer than three feet to any lot line, and must be eight
feet or more above ground.
(c)
Architectural projection restrictions. Architectural projections,
such as chimneys, flues, sills, eaves, belt courses and ornaments,
may project into any required yard, but such projection shall not
exceed two feet.
(d)
Cul-de-sac and curve restrictions. Residential lot frontage
on culs-de-sac and curves may be less than 80 feet, provided the width
at the building setback line is at least 80 feet and the street frontage
is no less than 45 feet.
(e)
Residential fence restrictions. Residential fences are permitted
on the property lines in residential districts, but shall not, in
any case, exceed a height of six feet and shall not exceed a height
of four feet in any street yard. The finished side of the fence shall
face the adjoining lot.
(f)
Security fence restrictions. Security fences are permitted on
the property lines in all districts, but shall not exceed 10 feet
in height and shall be an open type similar to woven wire or wrought-iron
fencing.
(g)
Accessory uses and structures restrictions. Accessory uses and
detached accessory structures are permitted in the rear yard only,
shall not be closer than 10 feet to the principal structure, shall
not exceed 25 feet in height, shall not occupy more than 10% of the
lot area, and shall not be closer than three feet to any lot line
nor seven feet to any abutting alley (15 feet if door abuts alley).[1]
(h)
Essential services exemptions. Essential services, utilities,
electric power and communications transmission lines are exempt from
the yard and distance requirements of this chapter.
(i)
Street yard restrictions. The required street yards may be decreased
in any residential or business district to the average of the existing
street yards of the abutting structures on each side, but in no case
less than 15 feet in any residential district and five feet in any
business district.
(4)
Setback averaging. Where the setback of existing structures deviates
from the required district setback, new structures shall be set back
the average distance.
(1)
Permitted location of signs. Types of signs permitted in various
zoning districts are as follows:
|
Zoning District
|
Types of Signs Permitted
| |
|---|---|---|
|
C
|
1, 3, 5, 6
| |
|
R-1, R-2, R-3
|
2, 3, 5, 6
| |
|
A
|
1, 2, 3, 4, 5, 6
| |
|
B
|
1, 2, 3, 4, 5, 6
| |
|
M
|
1, 2, 3, 4, 5, 6
|
(2)
Types of signs.
(a)
Type 1: signs advertising a business or activity conducted,
an area of interest, or a service available at a specific location.
Such signs shall be not more than 12 square feet in gross area. There
shall be not more than two such signs relating to any one such use
in the approaching direction along any one highway. Such signs may
be placed at the right-of-way line of the highway. A larger number
of signs may be permitted by the Zoning Board of Appeals if the Board
shall find it necessary for directing the traveling public. A permit
is required.[1]
(b)
Type 2: signs advertising a customary home occupation or professional
home office. Such signs shall not exceed two square feet in gross
area, shall be attached to the building and, if illuminated, shall
be indirectly lighted. No permit is required.[2]
(c)
Type 3: signs advertising the sale, rent or lease of the property
on which the sign is placed. Such sign shall not exceed eight square
feet in gross area and may be placed at the right-of-way line of the
highway. No permit is required.
(d)
Type 4: signs attached to commercial and industrial buildings
advertising a business, general brand or product conducted or a service
available on the premises. No sign shall exceed 40 square feet in
gross area, be higher than four feet above the top of the roofline
or exceed the maximum height limitation permitted in the district.
A permit is required.
(e)
Type 5: on-premises signs advertising a public or semipublic
use. Such signs shall not exceed 12 square feet in gross area. There
shall be no more than one sign for each highway upon which the property
faces. Such signs may be placed at the right-of-way line of the highway.
A permit is required.
(f)
Type 6: recreational directory signs indicating the direction
to a cottage, resort, residence or similar use. Such signs shall not
be more than four square feet in gross area. Where a common posting
standard is provided, all such signs shall be attached to the standard.
Recreational directory signs may be placed at the right-of-way line
of the highway. A permit is required.
(3)
Prohibited characteristics of signs.
(a)
No sign shall be so placed as to interfere with the visibility
or effectiveness of any official traffic sign or signal or with driver
vision at any access point or intersection.
(b)
No sign under Type 2 and Type 3 shall contain, include or be
illuminated by flashing lights.
(c)
No sign shall contain, include or be composed of any conspicuous
animated part.
(4)
Existing signs. Signs lawfully existing at the time of the adoption or amendment of this chapter may be continued although the use, size or location does not conform with the provisions of this chapter. However, it shall be deemed a nonconforming use or structure, and the provisions of § 17.28 of this chapter shall apply.
(5)
Maintenance of signs. All signs must be maintained and in good repair,
as determined by the Zoning Administrator.
[Added by Ord. No. 492]
(1)
Purpose and application.
(a)
Purpose. The purpose of this section is to establish regulations
for wireless communications facilities that minimize adverse impacts
to the community; encourage the location of antenna support structures
in nonresidential zoning districts; minimize the total number of antenna
support structures within the community; encourage joint use of new
and existing antenna support structures; encourage the attachment
of antennas to existing structures; identify appropriate locations
for wireless communications facilities; ensure that antennas and antenna
support structures are configured in a way that minimizes adverse
visual impacts by careful design, appropriate siting, landscape screening
and innovative camouflaging techniques; avoid damage to adjacent properties
from antenna support structure failure through careful engineering
and locating of such structures; and facilitate the provision for
wireless communications facilities to the community quickly, effectively
and efficiently.
(b)
Application. This section shall apply to all wireless communications
facilities, except that it shall not apply to radio or television
reception antennas, satellite or microwave parabolic antennas not
used by wireless communications service providers, receive-only antennas,
antennas less than 70 feet in height and owned by a federally licensed
amateur radio station operator, any tower or antenna lawfully in existence
in the City on the date that this section becomes effective or to
the facilities of any cable television company holding a valid and
current franchise or commercial radio and/or television broadcasting
facilities.
(2)
Building Code. The construction and installation of antenna support structures, antennas, antenna arrays, the installation or placement of antenna arrays on buildings and the placement of antennas on alternative support structures shall be subject to the requirements of Chapter 14 of this Code, the requirements of the Electronics Industries Association/Telecommunications Industries Association and any additional standards applicable thereto published by the Electronics Industries Association.
(3)
Site plan review by Plan Commission. All antenna support structures,
antennas, antenna arrays and wireless communications facilities shall
be subject to site plan review. The following requirements are in
addition to other requirements of this chapter:
(a)
Lighting. No antenna support structure shall be artificially
lighted except as required by the Federal Aviation Administration
or other governmental agency.
(b)
Signage. There shall be no signs, symbols, flags, banners or
other devices or things attached to or painted on or inscribed upon
any antenna support structures or antennas.
(c)
Finish. All lattice towers and monopole towers shall be finished
in a nonreflective neutral color or otherwise as directed by the Plan
Commission.
(d)
Support facility requirements.
1.
All support facilities, including buildings used for switching
and other support functions, shall be placed in close proximity to
the support structure on which antennas are proposed.
2.
Support facilities, including all equipment enclosures, shelters,
cabinets, boxes or vaults, designed for and used to house and protect
the electronic equipment necessary and/or desirable for processing
wireless communications signals and data, including any provisions
for air conditioning, ventilation or auxiliary electrical generators,
shall be completely screened with trees, shrubs, fences or other decorative
materials planted at a minimum width of five feet so as to be obscured
from view from adjacent properties and from the street. Existing mature
tree growth and natural landforms on the site shall be preserved to
the maximum extent possible.
3.
Support facilities shall be kept locked at all times and shall
be clearly labeled as to the owner, operator or person to be contacted
in the event of an emergency.
|
Table 1
Antenna Attached to Existing Tower or Structure*
| |||||
|---|---|---|---|---|---|
|
Zoning District
|
Industrial
M-1
|
Business
B-1, B-2
|
Residential
R-1, R-2, R-3, R-4
|
Other
A-1
|
Conservancy
C-1
|
|
Attached
|
Permitted
|
Permitted
|
Prohibited
|
Conditional
|
Conditional
|
|
Height maximum
|
Underlying zone
|
Not greater than 20 feet above existing structure
|
Not greater than 20 feet above existing structure
| ||
|
Setback minimum
|
Structure setback limits of district
|
Structure setback limits of district
| |||
|
NOTE:
| |
|---|---|
|
*
|
Antenna arrays may be mounted on the top and attached to roofs
of existing buildings or structures that are at least 30 feet or more
in height above the street grade upon which such building fronts or
may be attached to the facades of buildings, existing towers or other
structures; provided, however, that such antenna structure and arrays
shall add not more than 20 feet to the total height or elevation of
such building or structure from the street grade, including the antenna
array, and antenna arrays so mounted shall be obscured from view from
the street upon which such building or structure fronts by the use
of screening material designed, painted and maintained in a manner
that will blend with the appearance of the building or structure.
|
|
Table 2
Freestanding New Antenna
| ||||||
|---|---|---|---|---|---|---|
|
Zoning District
|
Industrial
M-1
|
Business
B-1, B-2
|
Residential
R-1, R-2, R-3, R-4
|
Other
A-1
|
Conservancy
C-1
| |
|
New antenna
| ||||||
|
>500 feet from residential zone
|
Permitted
|
Permitted
|
Prohibited
|
Conditional
|
Conditional
| |
|
>300 feet but <500 feet from residential zone
|
Conditional
|
Conditional
|
Prohibited
|
Conditional
|
Conditional
| |
|
Height maximum
|
70
|
70
|
70
|
70
| ||
|
Setback minimum
|
Height of tower
|
Height of tower
| ||||
(4)
Co-location. All wireless communications service providers shall
cooperate with other wireless communications service providers in
co-locating additional antenna on antenna support structures and/or
on existing buildings or other alternative antenna support structures.
A wireless communications service provider shall exercise good faith
in co-locating with other providers and sharing antenna sites, provided
that such shared use does not give rise to a substantial technical
level impairment of the ability to provide wireless communications
service. Such good faith shall include sharing of technical information
to evaluate the feasibility of co-location. All antenna support structures
shall be available for use by the owner or initial user thereof, together
with as many other wireless communications service providers as may
be technically accommodated. In the event that a dispute arises as
to whether a provider has exercised good faith in accommodating other
providers, the City may require a third-party technical study at the
expense of either or both of such providers.
(5)
Locations of antennas for wireless communications service.
(a)
Antenna attached to existing tower or structure. See Table 1
above.
(b)
New freestanding antennas.
1.
Demonstrate need for new structure. No new antenna support structure
shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the Plan Commission that no existing antenna support
structure, alternative support structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's wireless communications needs. An applicant shall
provide the information requested by the City Clerk for submittal
to the Plan Commission relating to the availability of suitable existing
antenna support structures, alternative antenna support structures
or alternative technology. Evidence submitted to demonstrate such
facts may consist of the following:
a.
That no existing antenna support structures or alternative antenna
support structures are located within the geographic area which meet
the applicant's engineering requirements; and/or
b.
That existing antenna support structures and alternative antenna
support structures are not of sufficient height to meet the applicant's
engineering requirements; and/or
c.
That existing antenna support structures and alternative antenna
support structures do not have sufficient structural strength to support
the applicant's proposed antennas and related equipment; and/or
d.
That the applicant's proposed antenna would cause electromagnetic
interference with the antennas on the existing antenna support structure
or alternative antenna support structure, or the antennas on the existing
antenna support structure or alternative antenna support structure
would cause interference with the applicant's proposed antennas; and/or
e.
That the fees, costs or contractual provisions required by the
owner in order to share an existing antenna support structure or alternative
antenna support structure or to adapt an existing antenna support
structure or alternative antenna support structure for co-location
sharing is unreasonable. Costs exceeding new antenna support structure
development are presumed to be unreasonable.
f.
That an alternative technology that does not require the use
of towers or buildings for height, such as a cable microcell network
using multiple low-powered transmitters/receivers attached to a wire
line system, is unsuitable. Costs of alternative technology that exceed
new antenna support structure development shall not be presumed to
render the technology unsuitable.
2.
Freestanding new antenna location. See Table 2 above.
(6)
Publicly owned property. In addition to all other locations permitted or permitted as a conditional use, antenna and appurtenant structures may be permitted on all publicly owned property subject to approval by the Council. Wireless communications facilities on publicly owned property shall be subject to Subsections (3) and (4) above.
(7)
Antenna support structures; removal when no longer used. Any antenna
support structure that has had no antenna mounted upon it for a period
of 180 successive days, or if the antennas mounted thereon are not
operated for a period of 180 successive days, shall be considered
abandoned, and the owner thereof shall remove such structure and any
accompanying equipment enclosure within 90 days after the receipt
of a notice from the City to do so. During such 90 days, the owner
may apply and, for good cause, be granted an extension of time on
such terms as the Plan Commission shall determine. If such structure
and equipment enclosure are not so removed, the City may seek and
obtain a court order directing such removal and imposing a lien upon
the real property upon which such structures are located in an amount
equal to the cost of removal. Any notice given under this section
is subject to appeal to the Council. In the event that more than one
wireless communications service provider is using the support structure,
this provision shall not become effective until all users cease using
such structure.
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.
See § 1.16 of this Code.
(2)
Powers and duties. The Board shall have the following powers and
duties:
(a)
Errors: to hear and decide appeals where it is alleged there
is an error in any order, requirement, decision or determination made
by the Zoning Administrator.
(b)
Variances: to hear and grant appeals for variances as will not
be contrary to the public interest where, owing to special conditions,
a literal enforcement will result in practical difficulty or unnecessary
hardship so that the spirit and purposes of this chapter shall be
observed and the public safety, welfare and justice secured. Use variances
shall not be granted.
(c)
Interpretations: to hear and decide on applications for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Zoning Administrator has made a review and recommendation.
(d)
Substitutions: to hear and grant applications for substitution
of more restrictive nonconforming uses for existing nonconforming
uses, provided no structural alterations are to be made and the Zoning
Administrator has made a review and recommendation. Whenever the Board
permits such a substitution, the use may not thereafter be changed
without application.
(e)
Unclassified uses: to hear and grant applications for unclassified
and unspecified uses, provided that such uses are similar in character
to the principal uses permitted in the district and the Zoning Administrator
has made a review and recommendation.
(f)
Temporary uses: to hear and grant applications for temporary
uses in any district, provided that such uses are of a temporary nature,
do not involve the erection of a substantial structure, and are compatible
with the neighboring uses, and the Zoning Administrator has made a
review and recommendation. The permit shall be temporary, revocable,
subject to any conditions required by the Board and shall be issued
for a period not to exceed 12 months. Compliance with all other provisions
of this chapter shall be required.
(g)
Permits. The Board may reverse, affirm wholly or partly, modify
the requirements appealed from and may issue or direct the issue of
a permit.
(h)
Assistance. The Board may request assistance from other City
officers, departments, commissions and boards.
(i)
Oaths. The Chairperson may administer oaths and compel the attendance
of witnesses.
(3)
Appeals and applications. Appeals from the decision of the Zoning
Administrator concerning the literal enforcement of this chapter may
be made by any person aggrieved or by an officer, department, board
or bureau of the City. Such appeals shall be filed with the Secretary
within 30 days after written notice of the decision or order of the
Zoning Administrator. Applications may be made by the owner or lessee
of the structure, land or water to be affected at any time and shall
be filed with the Secretary. Such appeals and application shall include
the following:
(a)
Name and address of the appellant or applicant and all abutting
and opposite property owners of record.
(b)
Plat or survey prepared by a registered land surveyor showing all of the information required under § 17.10 of this chapter for a zoning permit.
(c)
Additional information required by the Zoning Board of Appeals
or the Zoning Administrator.
(d)
No fee is required.
(4)
Hearings. The Zoning Board of Appeals shall fix a reasonable time
and place for the hearing, give public notice thereof at least 10
days prior, and shall give due notice to the parties in interest.
At the hearing, the appellant or applicant may appear in person, by
agent or by attorney.
(5)
Findings. No variance to the provisions of this chapter shall be
granted by the Board unless it finds, beyond a reasonable doubt, that
all of the following facts and conditions exist and so indicates in
the minutes of its proceedings:
(a)
Exceptional circumstances. There must be exceptional, extraordinary
or unusual circumstances or conditions applying to the lot or parcel,
structure, use or intended use that do not apply generally to other
properties or uses in the same district, and the granting of the variance
would not be of so general or recurrent a nature as to suggest that
this chapter should be changed.
(b)
Preservation of property rights. Such variance is necessary
for the preservation and enjoyment of substantial property rights
possessed by other properties in the same district and vicinity.
(c)
Absence of detriment. The variance will not create substantial
detriment to adjacent property and will not materially impair or be
contrary to the purpose and spirit of this chapter or the public interest.
(6)
Decision. The Zoning Board of Appeals shall decide all appeals and
applications within 30 days after the final hearing and shall transmit
a signed copy of the Board's decision to the appellant or applicant.
(7)
Review by court of record. Any person or persons aggrieved by any
decision of the Board may present to the court of record a petition
duly verified setting forth that such decision is illegal and specifying
the grounds of the illegality. Such petition shall be presented to
the court within 30 days after filing of the decision in the office
of the City Clerk.
(1)
Authority. Whenever the public necessity, convenience, general welfare
or good zoning practice require, the Council may, by ordinance, change
the district boundaries or amend, change or supplement the regulations
established by this chapter or amendments thereto.
(2)
Initiation. A change or amendment may be initiated by the Plan Commission
or by petition of one or more of the owners or lessees of the property
within the area proposed to be changed.
(3)
Petitions. Petitions for any change to the district boundaries or
amendments to the regulations shall be filed with the City Clerk,
describe the premises to be rezoned or the regulations to be amended,
list the reasons justifying the petition, specify the proposed use
and have attached the following:
(a)
Plot plan, drawn to a scale of at least one inch equals 100
feet, showing the area proposed to be rezoned, its location, its dimensions,
the location and classification of adjacent zoning districts and the
location and existing use of all properties within 200 feet of the
area proposed to be rezoned.
(b)
Owners' names and addresses of all properties lying within 200
feet of the area proposed to be rezoned.
(c)
Additional information required by the Plan Commission or the
Council.
(d)
Fee receipt from the City Clerk in the amount of $10.
(4)
Referral to Plan Commission. All proposed amendments to this chapter
shall be referred to the Plan Commission. The Plan Commission shall
submit its recommendation to the Council within 30 days.
(5)
Hearings. The Plan Commission shall hold a public hearing upon each
recommendation, giving a Class 2 notice under Ch. 985, Wis. Stats.
Written notice of the time, place and purpose of such hearing shall
also be given to the owners of every parcel of land within 100 feet
of the area to be rezoned, as well as to the owners of all land which
will be in the district to be rezoned.
(6)
Council action. Following such hearing and upon consideration of
the recommendation of the Plan Commission, the Council shall vote
to adopt or reject the proposed change or amendment.
(7)
Protest. In the event of a protest against such district change or
amendment to the regulations of this chapter, duly signed and acknowledged
by the owners of 20% or more either of the areas of the land included
in such proposed change or by the owners of 20% or more of the land
immediately adjacent extending 100 feet therefrom, or by the owners
of 20% or more of the land directly opposite thereto extending 100
feet from the street frontage of such opposite land, such changes
or amendments shall not become effective except by the favorable vote
of 3/4 of the full Council membership.
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.
