[HISTORY: Adopted by the City Council of the City of South
Milwaukee. Amendments noted where applicable.]
In order to promote the health, safety, morals and general welfare,
it shall be the purpose of this ordinance to regulate and restrict
the height, number of stories and size of buildings and other structures,
the percentage of a lot that may be occupied, the side yards, courts
and other open spaces, the density of population and the locations
and use of buildings, structures and land for trade, industry, residence
or other purposes and for said purposes to divide the City of South
Milwaukee, Wisconsin into zones of such number, shape and area as
are deemed best suited to carry out the said purposes; to provide
for its enforcement; and to prescribe penalties for the violation
of its provisions.
A.
The provisions of this ordinance shall be held to be the minimum
requirements adopted for the promotion of the public health, safety,
morals, comfort, prosperity and general welfare; and are designed
to legally implement and influence the development of the City of
South Milwaukee, Wisconsin in accordance with the powers granted the
City under the provisions of § 62.23, Wis. Stats.
B.
It is not intended by this ordinance to interfere with, abrogate
or annul any existing easements, covenants or agreements between parties,
nor to impair or interfere with any existing provisions of law or
ordinance or any rules, regulations or permits previously adopted
or issued or which shall be adopted or issued pursuant to law, relocating
to the use, occupancy, location and height of buildings or premises
or require larger open spaces than are imposed or required by such
provisions of law or ordinance or by such rules, regulations or permits,
the provisions of this ordinance shall control.
A.
Zones. The City of South Milwaukee is hereby divided into eight zones
designated as follows:
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R-A Residential Zone
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R-B Residential Zone
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R-C Residential Zone
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C-1 Neighborhood Shopping Zone
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C-2 Commercial Zone
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C-3 Central Business Zone
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M-1 Manufacturing Zone
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M-2 Industrial Zone
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B Public Buildings Zone
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P Park Zone
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B.
Map. The boundaries of these zones are hereby established as shown
on a map entitled "Zoning Map, City of South Milwaukee, Wisconsin"
and is made a part of this ordinance. All notations, references and
other information shown thereon shall be as much a part of this ordinance
as if the matters and things set forth by said map were all fully
described herein.
A.
Where land has been subdivided into lots and blocks, unless otherwise
indicated, the zone boundary lines are intended to follow the center
lines of streets, alleys, boulevards, railroads or such lines extended.
Boundary lines within blocks are intended to follow lot lines.
B.
In subdivided land, unless otherwise indicated, the zone boundary
lines are intended to follow the center lines of streets, highways,
railroads, section lines, quarter section lines, quarter or such lines
extended. Whenever a portion of any zone is indicated upon the zoning
map as a strip paralleling an opened or unopened street or highway
where the above definition does not apply, the width of this strip
unless otherwise indicated, shall be determined by use of the scale
shown on such Zoning Map.
A.
ACCESSORY BUILDING
ACCESSORY USE
ALLEY
APARTMENT
BASEMENT
BOARDING HOUSE
BUILDING - PERMANENT
BUILDING
BUILDING HEIGHT
CLUBS AND LODGES
COURT
DECK
DWELLING
ENCLOSED DECK
EXCEPTION
FAMILY
FLOOR AREA
FRONTAGE
GARAGE - MECHANICAL
GARAGE - PRIVATE
GARAGE - STORAGE
GAZEBO
HOME OCCUPATION
HOTEL
LOADING SPACE
LODGING HOUSE
LOT - CORNERS
LOT - DEPTH OF
LOT - INTERIOR
LOT - THROUGH
LOT
LOT LINES
LOT WIDTH
NON-CONFORMING USE
PARKING LOT
PARKING SPACE
PROFESSIONAL OFFICE
SERVICE STATION
SETBACK
STORY - HALF
STORY
STREETS
STREETS
STRUCTURAL ALTERATIONS
STRUCTURE - TEMPORARY
STRUCTURE
TRAILER
VARIANCE
VISION CLEARANCE TRIANGLE
YARD - FRONT
YARD - REAR
YARD - SIDE
YARD
Certain words and terms used in this ordinance are defined for the
purpose thereof as hereinafter set forth. Any words not defined shall
be construed as defined in the Building Code of the State of Wisconsin
as promulgated from time to time by the Industrial Commission of the
State of Wisconsin. Words used in the present tense include the future;
words used in the singular number include the plural number; and words
in the plural number include the singular number; and the word "shall"
is mandatory.
A detached building, not used as a dwelling unit but is incidental
to that of the main building and which is located on the same lot
(i.e. garage, storage/tool shed, but not limited to).
[Amended 8-1-1995 by Ord.
No. 1620]
A use customarily incidental to the principal permitted use
of a lot or building and located upon the same lot as the principal
use.
A public way which affords a secondary means of access to
abutting property.
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(a)
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A building designed for and occupied as a residence for five
or more families living independently of each other.
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(b)
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Apartment hotel. Any building which satisfies both the definition
of a multiple family dwelling and that of a hotel as defined by this
ordinance.
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A basement is a story wherein on every side of the building
the average floor line is below the grade and the average ceiling
height in every elevation is not more than five feet above such grade.
See Lodging House.
A building erected for a period to exceed one year.
A building is any structure built for the support, shelter
or enclosure of persons, animals, or personal property of any kind;
and when separated by a fire separation wall, each portion of such
structure so separated shall be deemed a separate building.
[Amended 9-1-1992 by Ord.
No. 1514]
Height of building is the vertical distance measured at the
center line of its principal front from the established grade or from
the natural grade if higher than the coping of flat roofs or the deck
line of a mansard roof or to half the height of a hipped roof. Where
no roof beams exist or there are structures wholly or partly above
the roof, the height shall be measured to the level of the highest
point of the building.
A nonprofit association of persons, who are bona fide members
paying annual dues, which owns, hires, or leases a building or portion
thereof, the use of such premises being restricted to members and
their guests. A club or lodge must either be registered as a 501(c)(3)
with the Internal Revenue Service or provide sufficient documentation
to the City that it is a bona fide nonprofit organization. It shall
be permissible to serve food on such premises, provided that adequate
dining room space and kitchen facilities are available and such facilities
comply with applicable codes. Where properly licensed under existing
City ordinance, the sale and/or consumption of intoxicating beverages
by members of such club or lodge or their guests may be permitted.
A club does not include an association of persons organized primarily
to render a service customarily carried on as a business. All club
premises or portions of buildings shall be subject to annual inspection
as commercial space.
[Amended 10-15-2019 by Ord. No. 2196]
An open space, other than a yard, unoccupied and unobstructed
from the ground upward on the same lot with a building which is bounded
on two or more sides by the walls of such building.
An open, uncovered structure designed for gathering, entering
or exiting an adjoining structure, or for aesthetic purposes. Decks
may be physically attached to, or separate from the adjoining building.
Covered and/or enclosed porches or decks shall be deemed a part of
the adjoining building and shall conform with the setback requirements
for said adjoining building.
[Added 6-20-1995 by Ord.
No. 1615]
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(a)
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SINGLE FAMILY DWELLING — A building designed for and occupied
exclusively as the residence of only one family and having no party
wall in common with an adjacent building.
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(b)
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TWO FAMILY DWELLING — A building designed for and occupied
exclusively as the residence of two families with one family wholly
or partly over the other and having no party wall in common with an
adjacent building or a building unit designed for and occupied exclusively
as the residence of one family but having a party wall in common with
another similar building unit.
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(c)
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MULTIPLE FAMILY DWELLING — A building or portion thereof
designed for and occupied as a residence for three or four families
living independently of each other.
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(d)
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DWELLING UNIT — One or more rooms and a single kitchen
in a dwelling designed as a unit for occupance by one family for living
purposes.
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An enclosed deck shall be a deck that has the walls and/or
roof closed/covered to the extent that it is a secondary building.
Enclosed decks shall be considered a part of the adjoining structure
and shall conform with applicable codes for same.
[Added 6-20-1995 by Ord.
No. 1615]
The use of property including the use and location of buildings
the size of lots and the dimensions of required yards otherwise not
allowable under the terms of this ordinance which is permissible by
reason of special provisions by the City Plan Commission or the Board
of Appeals under conditions specified in this ordinance.
An individual or a group of individuals related by blood,
marriage, court order or adoption, or a group of not more than four
persons not all so related, together with his or their domestic servants,
maintaining a common household in a dwelling unit. A family may also
include not more than two boarders or roomers when the basic family
unit is a group of related individuals as defined above.
The area within the exterior wall lines of any building provided
that the floor area of a building used for dwelling purposes shall
be the aggregate habitable area excluding attics not furnished as
living quarters, basements or utility rooms, attached garages, unenclosed
porches, breezeways and other unheated areas.
All of the property abutting on a public street right-of-way.
Any building or premises where automotive vehicles are repaired,
rebuilt, reconstructed, serviced, hired, sold or stored for compensation
excluding those where the principal use pertains to auto body repairs
and painting.
An accessory building or part thereof or an accessory portion
of the main building intended for and used to store the private motor
vehicles of the person resident upon the premises and in which no
business, service or industry connected directly or indirectly with
motor vehicles is carried on.
A building or premises used for the storage only of motor
vehicles pursuant to previous arrangements and not transients; when
no equipment, parts, fuel, grease or oil is sold and vehicles are
not required, rebuilt, serviced, hired or sold.
An open or enclosed structure either standing alone or attached
to a deck and used for gathering or aesthetic purposes. Gazebos shall
be considered an accessory use and shall conform with applicable codes
for same.
[Added 6-20-1995 by Ord.
No. 1615]
An occupation for gain or support conducted entirely and
only by members of a family within their place of residence provided
that such occupation is incidental to the residential use and provided
no article is sold or offered for sale on the premises except such
as may be produced by such occupation, no stock in trade is kept or
sold, no display of products shall be visible from the street, and
no accessory building shall be used for such home occupation. Automobile
repair and automobile sales are not permitted home occupations.
[Amended 9-1-1992 by Ord.
No. 1514]
A building in which lodging or board and lodging are provided
for the transient public for compensation.
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials
which abuts upon or affords direct access to a street or alley.
A building or portion thereof containing lodging rooms which
accommodate three, but not more than 12, non-transient persons who
are not members of the keeper's family and where lodging or meals
or both are provided for compensation.
A lot located at the intersection of two or more streets
provided that the corner of such intersection shall have an angle
of 120° or less measured on the lot side.
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
A lot having frontage of two non-intersecting streets.
A parcel of land occupied or to be occupied by one building
and its accessory buildings and uses having sufficient width and depth
to include the open spaces required under this ordinance and abutting
on a public street or officially approved place. A lot may be land
so recorded in the records of the Register of Deeds of Milwaukee County,
Wisconsin, but it may include parts of or a combination of such lots
when adjacent to one another provided such land is used for one improvement.
The area of lot shall be measured to the street line only.
The lines bounding a lot as defined herein.
The width of a lot shall be the distance between side lot
lines measured on a line which coincides with the required setback
line for the lot.
A building structure, land or premises occupied at the time
of the passage of this ordinance or amendments thereto by a lawful
use which does not conform with the provisions of this ordinance or
amendments thereto for the zone in which it is situated.
A building or premises containing one or more parking spaces
open to the public free or for a fee.
An unobstructed piece of ground or floor space sufficient
for and used exclusively for the temporary storage of one automobile
together with necessary maneuvering space.
The office of a doctor or practitioner, dentist, minister,
architect, landscape architect, professional engineer, lawyer, author,
musician and other recognized professions.
Any building or premises used for the dispensing, selling
or offering for sale of any motor fuel or oils or where battery, tire
and other similar services are rendered. When such dispensing, sale
or offering for sale of any fuels or oils is incidental to the conduct
of a mechanical garage, the premises shall be classified a mechanical
garage.
The minimum distance between the lot line and the nearest
point of a building excluding permitted projections.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
four feet above the floor of such story.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between such floor and the ceiling
next above it except that a basement shall not be considered a story
if its ceiling is less than four feet above the finished grade along
the front of the building.
Public thoroughfares which afford a primary means of access
to abutting property or any proposed thoroughfares designated "new
streets" on the Official Map for the City of South Milwaukee.
The dividing line between a lot and the abutting street right-of-way.
[Amended 9-1-1992 by Ord.
No. 1514]
Any change in the supporting members of a building such as
bearing walls or partitions, columns, beams or girders.
A structure not having a permanent location on the ground
and readily removable in its entirety, the use of which is incidental
to the erection of a permanent structure.
Anything except a building, constructed or erected, the use
of which requires a more or less permanent location on the ground
or attached to something having a permanent location on the ground.
A sign, billboard or other advertising medium detached or projecting
and having a gross area in excess of 40 square feet shall be construed
to be a structure in this ordinance.
Any vehicle, house car or any portable or mobile vehicle
on wheels, skids, rollers or blocks, either self-propelled or propelled
by any other means, which is used or designed to be used for living,
sleeping or commercial purposes.
A departure from the terms of this ordinance as applied to
a specific building, structure or parcel of land which the Board of
Appeals may permit, contrary to the regulations of this ordinance
for the zone in which such building, structure or parcel of land is
located, when the board finds that a literal application of such regulations
will effect a hardship limitation on the use of the property which
does not generally apply to other properties in the same zone and
for which there is no compensating gain to the public health, safety
or welfare.
[Amended 9-1-1992 by Ord.
No. 1514]
The triangular space formed by two intersecting street and/or
alley lines or public access driveway lines and a line joining points
on such street or alley lines or public access driveway lines located
a minimum of eight feet from their intersection in which no building
or structure may be erected and no vegetation may be maintained between
the heights of three feet and 10 feet above the respective alley or
curb grades.
[Amended 9-1-1992 by Ord.
No. 1514]
A yard extending the full width of a lot between a street
line and the nearest point of a building excluding permitted projections
at a setback distance as provided for in the particular zone. On a
corner lot, only one front yard setback will be required. Where an
existing improved lot has no street access, the owner shall, by affidavit,
declare the site of the front yard and this declaration shall govern
all future yard computations with respect to that property.
[Amended 9-1-1992 by Ord.
No. 1514]
A yard directly opposite from the front yard extending the
full width of the lot between a lot line and the nearest point of
a building excluding permitted projections at a setback distance as
provided for in the particular zone unoccupied except by accessory
buildings provided further that in the case of irregular lots, the
rear lot line shall be a line 10 feet long within the lot parallel
to the front lot line or the main chord thereof and at the maximum
distance from the front lot line.
A yard extending from the front yard to the rear yard and
between a side lot line and the nearest point of a building excluding
permitted projections and a setback distance as provided for in the
particular zone. On any corner lot in which the rear of the lot abuts
upon the side of an interior lot, the setback on the side street shall
not be less than 50% of the front yard setback required on the lot
in the rear. No accessory building shall project beyond the front
yard setback line of the lot in the rear. In no case shall the buildable
width of such corner lot be reduced to less than 24 feet.
An open space on a lot upon which a building is situated,
unoccupied and unobstructed from the ground upward except as otherwise
provided in this ordinance.
B.
Height requirements. Except as otherwise provided in this ordinance,
no building or structure shall hereafter be erected, nor shall any
existing building or structure be reconstructed or structurally altered
to exceed in height the limits established by this ordinance or amendments
to exceed in height the limits established by this ordinance or amendments
thereto, for the zone in which such building or structure is located.
C.
Height exceptions.
(1)
In the residential zones, a building for public or semi-public use
such as churches, schools, hospitals or sanitariums, where permitted,
may be erected to a height not exceeding four stories or 50 feet,
when the required setback, side yards and rear yards are each increased
not less than one foot for each foot by which such building exceeds
the established height limit for the zone in which it is to be located.
(2)
Parapet walls, chimneys, cooling towers, elevator bulkheads, fire
towers, penthouses, gas tanks, grain elevators, scenery lofts, sugar
refineries, tanks, water towers, radio and television towers, masts
or aerials, microwave radio relay towers, ornamental towers, observation
towers, monuments, cupolas, domes spires and necessary mechanical
appurtenances may exceed the limitations of this ordinance when erected
in accordance with other regulations of the City of South Milwaukee.
(3)
Building and structures for the housing of the equipment and services
of necessary public utilities, such as water, sewer, gas, telegraph,
telephone, electric or other public services, may be erected to greater
heights than provided by this ordinance, but such buildings and structures
shall not be erected to greater heights than provided by this ordinance
in the R-A Residential Zone or the R-B Residential Zone until the
location thereof shall have been approved by the City Plan Commission.
(4)
Where a lot abuts on two or more streets or alleys having different
average established grades, the higher of such grades shall control
only for a depth of 120 feet from the line of the higher average established
grade.
D.
Area requirements. Except as otherwise provided in this ordinance,
no building or structure shall hereafter be erected, nor shall any
existing building or structure be moved, altered, enlarged or rebuilt,
or any premises be used or occupied, nor shall any open spaces surrounding
any building or structure be encroached upon or reduced in any manner,
nor shall a greater percentage of lot be occupied than is required
by this ordinance except in conformity with the lot width, lot area,
setback, side yard, rear yard and court regulations of this ordinance
and amendments thereto, for the zone in which such building or structure
is located.
(1)
No lot area shall be so reduced that the yards and other open spaces
or the required lot area shall be smaller than those prescribed by
this ordinance, nor shall the density of population be increased in
any manner except in conformity with the regulations herein established.
(2)
No required yard or other open space or part hereof around an existing
building, or which is hereafter provided around any building for the
purpose of complying with the provisions of this ordinance, shall
be considered as providing a yard or other open space or part thereof
for any other building or structure.
(3)
Every building hereafter erected, moved, altered, enlarged or rebuilt
shall be located on a lot as herein described. In no case shall there
be more than one building on one lot.
(4)
No building permit shall be issued for building on a lot which abuts
a street dedicated to only a portion of its required width and located
on that side thereof from which no dedication has been secured.
(5)
At each end of a through lot, there shall be a setback of the depth
required by this ordinance for the zone in which each street frontage
of such lot is located; provided, however, that one of such setbacks
may serve as a required rear yard or part thereof.
(6)
Every required yard shall be unoccupied and unobstructed from the
ground upward except in the following cases:
(a)
Accessory buildings shall be permitted, except in front yards,
and as otherwise regulated herein.
(b)
Open or enclosed fire escapes, terraces, and unenclosed stairways
may project into a side or rear yard not more than 1/3 of the depth
of such yard, but in no case more than four feet; provided further
that the same shall not be closer than three feet to any lot line.
(c)
Chimneys, flues, eaves, sills, belt courses, and ornamental
features shall not project more than 24 inches into any required yard.
(d)
Signs, trees, fences, and other ornamental, protective, or decorative
installations as otherwise regulated herein or in other sections of
the South Milwaukee Code of Ordinances.
(e)
Other decorative installations not otherwise regulated herein
or regulated at other sections of the South Milwaukee Code of Ordinances
upon recommendation of the City Plan Commission and approval of the
Common Council.
[Added 11-1-1977 by Ord.
No. 1058]
(7)
Any side yard or court abutting the boundary line of a zone shall
have a minimum width and depth in the less restricted zone equal to
the average of the required minimum widths and depths for such yards
and courts in the two zones which abut such boundary line.
E.
Area exceptions.
(1)
The provisions of this ordinance shall not prevent the erection of
a single-family dwelling and its accessory building on any lot on
record in the Office of the Register of Deeds of Milwaukee County
at the time of the passage of this ordinance, as being owned separately
from any lot or part of a lot adjoining such lot.
(2)
Where lots have been recorded in a subdivision plat and where such
subdivision plat has provided lots of greater area than is required
by this ordinance, such lots or plats shall not be divided or reduced
in area to create additional lots, except by recording a revised and
officially approved subdivision plat.
F.
Accessory building provisions.
[Amended 8-1-1995 by Ord.
No. 1620; 11-6-2002 by Ord. No. 1826]
(1)
Residential zones. Accessory buildings in all residential zoning
districts and all lands used for residential purposes are subject
to the following provisions:
(a)
For lots less than or equal to 3,600 square feet 530 square
feet of the total lot area may be used for accessory buildings, provided
house and accessory buildings do not exceed 50% of the total lot area.
For lots between 3,600 square feet and 7,200 square feet, 16% of total
lot area may be used for accessory structures, provided house and
accessory buildings do not exceed 40% of total lot area or 900 square
feet total area. For lots greater than or equal to 7,200 square feet
11% of total lot area or 900 square feet, whichever is greater, may
be used for accessory structures, provided house and accessory buildings
do not exceed 40% of total lot area. All accessory buildings must
meet established architectural guidelines and are subject to staff
and/or Plan Commission review.
[Amended 9-6-2016 by Ord.
No. 2132]
(b)
Accessory buildings 100 square feet or less shall not exceed
12 feet in height. Walls for such structures shall not exceed eight
feet in height. Accessory buildings in excess of 100 square feet in
area, shall not exceed 15 feet in height unless approved by the Plan
Commission as part of a Conditional Use Permit. Walls for such structures
shall not exceed 10 feet in height. For the purpose of this section
height is measured from top of slab at door opening.
(c)
No commercial vehicle with a payload capacity in excess of 1 1/2
tons shall be stored in an accessory building located within a residential
zone.
(d)
One detached private garage per lot.
(e)
No accessory building shall be located within any front yard
or within any side yard less than 60 feet from the front lot line.
(f)
When located in a rear yard, an accessory building shall not
be nearer than three feet of a side or rear lot line, except that
if adjacent to an alley and having an opening directly on the alley
to accommodate a vehicle, the setback from the rear lot shall not
be less than 10 feet. If located in the rear yard of a corner lot,
it shall not project beyond the side street setback line for the primary
building, except that if such corner lot abuts an interior lot, the
setback of the accessory building shall not project beyond the setback
of the interior lot's primary building and the setback from the rear
lot line shall not be less than the interior lot minimum setback or
six feet, whichever is less.
(g)
Accessory buildings shall not be constructed closer than 10 feet to a principal or neighboring building. The Building Inspector may allow the minimum distance between structures to be reduced to five feet, provided the building is designed and constructed in accordance with Chapter 16 of the Municipal Code.
(h)
No accessory building shall exceed 900 square feet in area.
(2)
In all zoning districts, accessory buildings are subject to the following
restrictions in addition to any other restrictions that may apply:
(a)
No accessory building, including, but not limited to, decks,
garages and storage buildings, shall occupy more than 40% of the required
minimum or actual rear yard.
[Amended 9-6-2016 by Ord.
No. 2132]
(b)
No accessory building shall be located within any front yard
or within any side yard less than 60 feet from the front lot line.
[Amended 8-1-1995 by Ord.
No. 1620]
G.
Automobile parking space and off-street loading zone requirements.
Each parking space required by this ordinance shall be located off
the public street or alley but shall be accessible to same and shall
not be less than 180 square feet in area, exclusive of access area,
maneuvering area, ramps or columns, and not less than eight feet in
width. Such parking space shall be graded and surfaced so as to be
dust-free and shall be not more than 400 feet from the entrance of
the building it serves, except that for uses in C-1 and M-2 zones
where such space is to be used for employee parking, it shall be located
on the same site as the building which it serves or within a reasonable
distance. Such parking space shall conform to the street setback lines
established for the main building in the zone. Minimum parking and
loading facilities shall be as follows:
(1)
Public assembly building. One parking space for every 10 persons
the building is intended to accommodate.
(2)
Restaurants and taverns. One parking space for every four seats.
(3)
Hospitals and institutions. One parking space for every three beds.
(4)
Hotels. One parking space for every three guest rooms.
(5)
Motels. One parking space for each unit.
(6)
Commercial establishments. One parking space for every 30 square
feet of floor area.
(7)
Residential uses. Two parking spaces for each dwelling unit except
as otherwise approved by the Plan Commission for handicapped or elderly
housing.
[Amended 9-1-1992 by Ord.
No. 1514]
(8)
Mixed residential/commercial uses. One parking space for each residential
unit, plus such additional space as required by the conditional use
permit.
[Amended 9-1-1992 by Ord.
No. 1514]
(9)
Other uses. Shall be the same as for uses similar to the above or
as otherwise determined by the City Plan Commission.
(10)
Conditional uses. Shall be as determined by the conditional
use permit.
[Amended 9-1-1992 by Ord.
No. 1514]
H.
Setback requirements.
(1)
Where the setback requirements of this ordinance differ for two adjoining
lots, the setback on the lot on which the greater setback is required
shall be modified for a distance of not more than 60 feet from the
line dividing the two adjoining lots, to be the average of the two
required setbacks.
(2)
No gasoline pumps shall be located closer than 12 feet (measured
from the center line of said pumps) to the nearest lot line, or established
street line. On a corner lot, when a gasoline pump or a series of
pumps are placed on a pump island, the pump nearest the street shall
be located not closer than 20 feet (measured along the axis of said
pump island) to the street line of said street.
(3)
All setback requirements of this ordinance shall also apply to all
future streets as shown on the Official Map, and any amendments thereto,
as well as to all existing streets. Where 40% or more of the buildable
frontage is occupied with buildings having an average setback line
of more or less than the front yard setback required in the zone,
the setback line in any vacant interior lot in such frontage shall
be established at the point of intersection of its center line, drawn
from the point lot line, and a line connecting the nearest points
on the setback lines of the next existing buildings on each side of
such vacant lot, but in no case shall it be necessary to exceed the
minimum setback required by this ordinance.
I.
Service station regulations. No service station shall be erected,
moved, or altered where such station will be located:
J.
Vision clearance triangle. As per the definition, therefore, a vision
clearance triangle shall be provided at the intersection of all street
and/or alley lines and/or public access driveways.
[Amended 9-1-1992 by Ord.
No. 1514]
K.
Building elevations. Any building or structure hereafter erected
shall be constructed to an elevation which shall be set by the City
Engineer, in writing, before the issuance of a building permit therefore.
L.
Filling or cutting of lands. No filling or cutting of lands within
the City limits shall be permitted except as is done within limits
established for same, in writing, by the City Engineer.
M.
Signs. Advertising and business signs shall be considered a commercial
use and shall not be permitted in residential zones, except as in
conformance with the requirements of the zone as outlined hereafter.
N.
Private swimming pools.
(1)
No swimming pool shall be erected to the front of the residence of
the owner or occupant of the premises connected therewith. In the
case of lots bordered on two sides by public streets, no swimming
pool may be erected in the area between the setback lines of the main
building and the street right-of-way line; in no case less than five
feet from any lot line or building wall.
(2)
A swimming pool, within the meaning of this ordinance, shall be any
depression in the ground, either temporary or permanent, or a container
of water, either temporary or permanent, and either above or below
the ground in which water of more than 18 inches in depth is contained
and which is used primarily for the purpose of bathing or swimming,
except temporary pools with an area of 150 square feet or less shall
not come within the provisions of this ordinance.
(3)
A child of tender years, within the meaning of this ordinance, shall
be any child who has not attained the age of 10 years.
(4)
Every person, every member of a partnership, and every corporation
that owns, directly or indirectly, or operates or uses or has custody
of, control of or has the right to use any swimming pool located in
the City of South Milwaukee, shall erect and maintain a fence or suitable
barrier around such swimming pool of such size and construction as
to safeguard a child of tender years to prevent such child from falling
into such swimming pool, or shall install and maintain a cover or
other protective device over such swimming pool of such design and
material that the same can be securely fastened in place, and when
in place, shall be capable of sustaining a person weighing 250 pounds.
Such cover or other protective device shall be securely fastened in
place at all times when the swimming pool is not in actual use for
bathing or swimming purposes.
(5)
No private swimming pool shall be constructed so as to allow water
therefrom to drain into any sanitary sewer or septic tank, not to
overflow upon or cause damage to any adjoining property. Provision
may be made for draining the contents of any swimming pool into a
storm sewer, but such installation shall be subject to prior approval
of the Plumbing and Public Health Administrative Assistant. In all
cases where a private swimming pool is to be constructed on premises
served by a private sewage disposal system, approval of the State
Board of Health shall be necessary before the construction of any
such pool may commence.
(6)
All private swimming pools within the meaning of this ordinance must
have, in connection therewith, some filtration system to assure proper
circulation of the water therein and maintenance of the proper bacterial
quality thereof.
(7)
All installations of swimming pools, drains, or other equipment made
under the provisions of this ordinance shall be subject to periodic
inspection by the Plumbing and Public Health Administrative Assistant
of the City of South Milwaukee.
(8)
All swimming pools of a permanent type shall have the sides and bottom
of a smooth finish and no sand or dirt shall be permitted.
O.
Earth station dish antennas.
(1)
Ground-mounted and building-mounted earth station dish antennas are
permitted as accessory uses provided that all applicable requirements
of this ordinance are met.
(2)
Earth station dish antennas shall be constructed and anchored in
such a manner to withstand winds of not less than 80 miles per hour
and such installations shall be constructed of non-combustible and
corrosive-resistant materials.
(3)
Earth station dish antennas shall be filtered and/or shielded so
as to prevent the emission or reflection of electro-magnetic radiation
that would cause any harmful interference with the radio and/or television
broadcasting or reception on adjacent properties. In the event that
harmful interference is caused subsequent to its installation, the
owner of the dish antenna shall promptly take steps to eliminate the
harmful interference in accordance with Federal Communications Commission
regulations.
(4)
Ground-mounted dish antennas shall meet the height requirements for
accessory structures in the zoning district in which they are located.
Building-mounted dish antennas shall not exceed the maximum height
regulation of the zoning district in which they are located.
(5)
Ground-mounted earth station dish antennas shall meet all setback
and yard requirements for accessory structures in the district in
which they are located and are permitted in the rear yard only in
residential districts provided that they shall be no closer than five
feet to the principal structure and any rear lot line or swimming
pool, nor occupy more than 20% of the rear yard area. Ground mounted
earth station dish antennas are permitted in the side and rear yards
in commercial, industrial and public/institutional zoning districts
provided that they shall be no closer than five feet to the principal
structure, shall not occupy more than 50% of a side yard nor 75% of
a rear yard area, and shall be no closer than three feet to any side
or rear lot line nor five feet to any alley line. Building-mounted
earth station dish antennas shall not exceed the setback and yard
requirements of the zoning district in which it is located.
(6)
Not more than one earth station dish antenna shall be permitted on
a lot or parcel in a residential zoning district.
(7)
The installation of an earth station dish antenna shall require a
building permit. The property owner shall submit, to the Building
Inspector, plans which indicate the appearance, proposed location
and installation method of the dish antenna. Earth station dish antennas
shall be located and screened to minimize their visual impact on surrounding
properties. If a property owner in a residential zoning district proposes
a building-mounted antenna location in which the antenna would be
visible from the front lot line, that property owner must demonstrate
that reception would not be possible from a less conspicuous location.
The property owner in a residential zoning district who proposes a
building-mounted antenna must also submit a plan for screening the
antenna from surrounding properties whenever such screening can be
accomplished in a manner that is appropriate to the architecture of
the building. The Building Inspector shall refer to the Architectural
Review Board any plans which do not clearly meet the requirements
of this section.
(8)
All earth station dish antennas, and the construction and installation
thereof, shall conform to applicable City Building Code and Electrical
Code regulations and requirements. Prior to the issuance of a building
permit for a building-mounted earth station dish antenna, the applicant
shall submit a plan or document prepared by a registered professional
engineer which certifies that the proposed dish antenna installation
is structurally sound.
(9)
Any earth station dish antenna existing on the date for adoption
of this ordinance, which does not conform to these regulations, shall
be brought into conformance within one year of the date of adoption
of this ordinance.
[Added 11-5-1985 by Ord.
No. 1314]
P.
Deck provisions.
[Added 6-20-1995 by Ord.
No. 1615]
(1)
Decks are permitted uses in R-A and R-B zones provided that all applicable
requirements of this ordinance are met.
(2)
The construction of a deck shall require a building permit.
(3)
Plans for all proposed decks must be submitted, reviewed and approved
by the Building Inspector. Plans, when deemed necessary by the Building
Inspector, may require the approval of the Building Board according
to size, structure, and aesthetics.
(4)
All decks shall conform with applicable sections of Wisconsin's Building
Code.
(5)
No deck shall encroach on existing public utility easements without
the expressed written consent of the owner of the utility facility.
(6)
No construction for a deck shall start without the contact and location
of all utilities.
(7)
When located in a side or rear yard, a deck shall not be less than
three feet from the side or rear lot line, nor shall it be constructed
less than six feet from a structure on a neighboring property. In
the case of a corner lot, a deck constructed on the street side shall
not project closer than 10 feet to the side lot line or the minimum
side yard setback of the principal building, whichever is less but
in no case shall it be closer than six feet.
(8)
When located in a front, a deck shall not project into the front
yard setback by more than 25% of the required minimum front yard setback,
except that decks adjoining buildings which do not conform with required
minimum front yard setbacks shall not project beyond the existing
setback of said building.
Q.
Portable storage units. "Portable Storage Unit" is any container,
storage unit, shed-like container, removable canopy, or other temporary
structure, that can or is used for the disposal, protection, or storage
of personal property of any kind and which is located for such purposes
outside an enclosed building or accessory structure.
[Added 8-17-2010 by Ord.
No. 2009]
R.
Donation drop-off boxes. "Donation Drop-Off Box" is any container,
storage unit or temporary structure that can be used or is used for
the holding of charitable or for profit donations with collection
of these donations made at a later date or time and which is located
for such purposes outside an enclosed building.
[Added 8-17-2010 by Ord.
No. 2009]
A.
Use requirements. Except as otherwise provided in this ordinance,
no building or structure shall hereafter be erected, enlarged, located,
reconstructed or maintained on a lot unless such building or structure
conforms with the regulations as to the use of the zone or portion
thereof in which it is located, nor shall any building, structure
or land be changed in use nor shall any alteration be made with such
change in view in any manner other than that prescribed by this ordinance
or amendments thereto and as permitted in the zone in which such building,
structure or land is located.
(1)
Whenever any area which has been subject to the Milwaukee County
Zoning Ordinance petitions to become a part of the City, the regulations
imposed by the County Ordinance shall continue in effect without change
and shall be enforced by the City until such regulations have been
changed by official action of the Common Council.
(2)
Telephone buildings, exchanges and lines, transformer stations and
microwave radio relay structures, telegraph lines, police and fire
stations, water pumping stations and other similar public buildings
and semi-public buildings and structures may be located in any zone
in which they are otherwise prohibited when such location has been
approved by the Common Council. This regulation, however, shall not
apply to sewage disposal plants, garbage incinerators, warehouses,
garages, shops and storage yards.
(3)
Temporary structures erected for the purpose of providing shelter
to materials and equipment of those engaged in the construction of
a permanent building or for use as real estate sales field office
shall not be required to conform to the regulations of this ordinance.
Temporary structures shall require a temporary certificate of occupancy
and shall be allowed on the premises for a period not to exceed one
year.
(4)
No service station, mechanical garage or public parking lot shall
be erected, operated or maintained where an entrance or exit for motor
vehicles is located on the same side of the street within 200 feet
of a pedestrian entrance or exit from a public or private school,
park, parkway, playground, public library, church, hospital, home
for children or the aged, or other public or semi-public institution.
(5)
Portable storage unit. The use of portable storage units are allowed
in all zoning districts subject to the following conditions:
(a)
There must be not more than one portable storage structure per
property.
(b)
The portable unit must be no larger than 10 feet wide, 20 feet
long and 10 feet high.
(c)
A portable storage unit must not remain at a property in any
zoning district in excess of 30 consecutive days, and must not be
placed in any one property in a zoning district in excess of 30 days
in a twelve-month period. Upon written application of a property owner,
City Engineer or designee can approve a longer duration of time, but
in no case shall a portable storage unit remain on property for more
than 60 consecutive days.
(d)
The portable storage unit must be placed within the buildable
area of the lot, or driveway.
(e)
Portable storage units associated with construction at a site
where a building permit has been issued are permitted for the duration
of construction and must be removed from the site within 14 days of
the end of construction. Portable storage units associated with construction
are limited to 180 consecutive days unless specifically approved by
the City engineer or building inspector.
(f)
Property owner shall be responsible for ensuring that the portable
storage unit is maintained in good condition, free from deterioration,
weathering, discoloration, graffiti, rust, ripping, tearing, or other
holes or breaks.
(g)
Portable storage units shall not be used for storage of business
inventory or commercial goods unless approved by the Plan Commission
under a Conditional Use Permit in a commercial or industrial zone.
Hazardous materials shall not be stored in portable storage units.
[Added 8-17-2010 by Ord.
No. 2009]
(6)
Publicly accessible donation bins.
[Amended 8-17-2010 by Ord. No. 2009; 4-18-2017 by Ord. No. 2141]
(a)
DEPARTMENT
PERMITEE or PERMIT HOLDER
PUBLICLY ACCESSIBLE COLLECTION BIN
PUBLICLY ACCESSIBLE COLLECTION BIN OWNER
Definitions. The following words and phrases shall have the
meanings ascribed to them below. When not inconsistent with the context,
words used in the present tense include the future, words in the plural
include the singular and words in the singular include the plural.
The City of South Milwaukee Inspection Department.
A person over the age of 18 who is issued a permit authorizing
placement of a publicly accessible collection bin on real property.
Any locked receptacle or container made of metal, wood, steel,
fiberglass or similar material designed or intended for the donation,
collection, and temporary storage of clothing, shoes, textiles or
other goods or materials which is accessible to and allows the public
to deposit said items without assistance.
Any person, company or entity that places publicly accessible
collection bins on private property to collect shoes or clothes to
give away, sell to raise money for charities or sell for a profit.
(b)
Permit required. No publicly accessible collection bin shall
be placed on a property unless the owner of the property has first
obtained a bin permit for each publicly accessible collection bin
to be placed on the property.
(c)
Application. An application for a new or a renewal publicly
accessible collection bin permit shall be filed with the Department
on a form provided therefor. A permit shall be issued for no longer
than 12 months and expire on June 30 of each year. An application
for renewal shall be filed at least 60 days before the expiration
date.
[1]
The application for a publicly accessible collection bin permit
must include the name, address and phone number of the property owner
and the owner of the bin, if different from the property owner. The
application shall also include the following information:
[a]
The name, address and phone number of the person
in charge of the publicly accessible collection bin.
[b]
Proof of general liability insurance pursuant to
Subsection G(3), below.
[c]
The signature of the owner of the property on which
the publicly accessible collection bin will be placed.
[d]
A site plan demonstrating compliance with the regulations
set forth in Subsection G(9), below, for each publicly accessible
collection bin application.
(d)
Fees. All applications for permits issued under this section
shall be accompanied by a fee of $75.
(e)
Inspection. Upon receipt of an application for a publicly accessible
collection bin permit, a representative of the Department shall inspect
the bin for compliance with this section.
(f)
Permit issuance. The Department shall issue a publicly accessible
collection bin permit upon receipt of the completed application forms,
permit fee and satisfactory inspection pursuant to Subsection E. Permits
issued by the Department shall be affixed to the front of each bin.
(g)
Regulations. All publicly accessible collection bins shall comply
with the following:
[1]
A bin shall prominently display on the front and at least one
other side of the bin the name, address and phone number of the bin
owner and whether the owner is a for-profit or nonprofit organization
or entity. This information shall be printed in characters that are
at least three inches in height.
[2]
A bin shall be emptied no less than once per week. Whenever
the Department notifies the bin owner or the owner of the property
on which the bin is located of the fact that material of the type
intended to be collected in the bin has been left outside the bin,
the bin owner or property owner shall have 72 hours to remove the
material.
[3]
There shall be a general liability policy on each bin, the minimum
coverages of which shall be $150,000 combined single limit for bodily
injury, including death and property damage.
[4]
A bin shall be maintained in a clean condition and kept in good
repair. The permit holder shall monitor each bin so that it is kept
clean and free of graffiti and other unauthorized writing, painting,
drawing, or other marking or inscriptions, and is kept in good repair.
The permit holder shall also ensure that each bin is not used as a
depository for the placement of refuse. Whenever the Department notifies
the permit holder that the bin is not in compliance with this section,
the permit holder shall have 72 hours to bring the bin into compliance.
[5]
For any bin that has been damaged or vandalized, the permit
holder shall remove, repair or replace the bin within five days of
discovering the damage or vandalism. If the bin has been damaged or
vandalized so as to constitute a danger to persons or property, it
shall be made safe within 24 hours of discovery of the condition.
[6]
No part of any publicly accessible collection bin shall be placed
on any public property.
[7]
A publicly accessible collection bin shall be no larger than
six feet in height measured at lot grade; however, the height shall
include any pad or elevating device which is higher than the parking
lot grade. A bin shall also be no larger than six feet in width by
five feet in depth. The storage compartment of a bin shall remain
locked at all times so as to prohibit public access to the materials
placed inside the bin.
[8]
No publicly accessible collection bin shall be used for advertising
or promotional purposes, other than for the name, address and phone
number of the owner or permit holder and information regarding the
purpose for which the bin is intended.
[9]
No publicly accessible collection bin shall be placed within
three feet of the sidewalk, street, or front, rear or side setback
line.
[10]
Only one publicly accessible collection bin shall be permitted
per premises.
(h)
Enforcement. The City of South Milwaukee Inspection Department
may issue orders to correct conditions for violations of this section
to the bin permit holder.
(i)
Penalties. Any person who violates this section shall, upon
conviction, pay a forfeiture in an amount not to exceed $439. In addition,
the City of South Milwaukee may placard any bin in violation of this
section informing the permit holder that if said violations are not
corrected within 48 hours of the notice the bin will be considered
abandoned and subject to removal.
A.
The non-conforming use of any building or land existing as of August
14, 1956, the time of the enactment of this ordinance, may be continued
subject to the limitations set forth by statute and such conditions
herein set forth.
[Amended 9-1-1992 by Ord.
No. 1514]
B.
Uses which were conforming before adoption of the 1992 amendments
to this ordinance may be continued subject to the limitations set
forth by Statute and such conditions set forth herein.
[Added 9-1-1992 by Ord.
No. 1514]
C.
Discontinuance. If the non-conforming use of a building or premises
is discontinued for a period of one year, any future use of such building
or premises shall conform to the regulations of the zone in which
it is located. If the non-conforming use of a building or premises
is changed to a permitted use, the non-conforming use may not be resumed.
D.
Certificate of occupancy. A certificate of occupancy for each non-conforming use shall be required. See § 15.18B. The Building Inspector shall keep current a file of all non-conforming uses in the City, listing in each case the name of the owner of the premises, his address, the use and location of the building or premises, and the assessed value of the building at the time of its becoming a non-conforming use. When a non-conforming use shall have been destroyed to the extent of 50% or more of its assessed value, said value being determined by the City Assessor, or the fiscal year during which such destruction occurs, or discontinued, or when the total value of the structural repairs or alterations to such use shall equal 50% of the assessed value of the building at the time of its becoming a non-conforming use, such fact shall be noted on the list. Each new non conforming use created by any amendment to this ordinance shall be listed when so created.
E.
Changes. A non-conforming use may be changed only to a conforming
use.
F.
Extension. No non-conforming use shall be permitted to be added to
or enlarged or moved on the lot unless it is made to conform with
the regulations of the zone in which it is located.
G.
Alterations. Alterations to a non-conforming building which alterations
conform with the requirements of the zoning regulations and which
alterations, when taken in total with the present existing structures,
do not exceed the maximum allowable building area nor invade the minimum
residual free area, shall be permitted at the discretion of the Building
Inspector without appeal to the Board of Appeals. Where the Building
Inspector has any question or doubt concerning the propriety of the
proposed addition, he may require the applicant to submit his proposal
to the Board of Appeals.
[Amended 9-16-1986 by Ord. No. 1333]
A.
Uses permitted. In the R-A Residential Zone, no building, structure
or premises shall be used and no building or structure shall hereafter
be erected or structurally altered unless otherwise provided in this
ordinance, except for one or more of the following uses:
(1)
Single family dwelling units. All single-family dwellings constructed
after October 1, 2001, shall have a two-car attached garage, or detached
garage, with a minimum area of not less that 420 square feet. When
a lot abuts an alley, vehicular access to the garage or other parking,
shall be provided solely from the alley.
[Added 10-2-2001 by Ord.
No. 1807]
(2)
Accessory buildings. Such buildings may be used in whole or in part as separate living quarters for domestic servants employed on the premises. When an accessory building is used wholly or partly as a private garage not more than two spaces so used may be rented, for the storing only of private vehicles belonging to persons not resident on the premises, except that in the case of a garage having space for the storage of one or two vehicles only, all of such space may be so rented. No commercial vehicle exceeding 1 1/2 tons capacity shall be stored in such private garage. See also § 15.05F.
(3)
Temporary buildings for a period not to exceed one year.
(4)
Home occupations.
B.
Conditional uses. The following uses may be permitted in an R-A Residential Zone by a conditional use permit under § 15.16:
(1)
Churches, convents, cemeteries.
(2)
Public and parochial schools.
(3)
Public buildings including libraries, museums, police and fire stations
and community buildings, except public warehouses, garages or storage
yards, sewage disposal plants or garbage incinerators and penal or
correctional institutions.
(4)
Parks and playgrounds.
(5)
Professional offices, provided that such office is incidental to
the residential use, is conducted by a member of the resident family
entirely within the residential building, and that no more than 50%
of only one floor in any residential building shall be devoted to
such professional use.
(6)
The following uses are permitted when approved by the Common Council:
(a)
Power transmission lines, telephone and telegraph toll lines
and transformer stations, microwave radio relay structures, transportation
systems and railroad lines and passenger depots, but not including
switching, storage, freight yards or siding.
(b)
The filling of lowlands, pits and large holes with non-odorous
or non-combustible materials free from garbage or food wastes, so
as to elevate lands to grade established by the City Engineer.
(7)
Transitional uses. When the side line of a lot in the R-A Residential
Zone abuts the boundary of any Commercial Industrial Zone, the following
transitional uses may be established, provided that:
D.
Front yard. There shall be a front yard having a minimum depth of
30 feet.
E.
Side yard requirements.
(1)
There shall be a side yard on each side of a building. For buildings
not over 1 1/2 stories high, the sum of the widths of the required
side yard shall not be less than 15 feet, and no single side yard
shall be less than six feet in width.
(2)
For buildings which have two stories on one side and a single story
on the other side, there shall be two separate and distinct side yard
requirements which are as follows:
(a)
First story. The sum of the widths of the required side yard
on the first story shall not be less than 15 feet; and, the side yard
width on the two-story side of the building shall not be less than
nine feet, and on the one-story side of the building, not less than
six feet.
(b)
Second story. The sum of the widths of the required side yard
on the second story shall not be less than 18 feet; and, not less
than nine feet on either side of the building.
(3)
For buildings from 1 1/2 to 2 1/2 stories high, the sum
of the widths of the required side yards shall not be less than 20
feet, and no single yard shall be less than eight feet in width.
|
Provided, however, on a single lot having a width of less than
60 feet and on record at the time of the passage of this ordinance
as being owned separately from any adjoining lots, the sum of the
widths of the required side yards shall be not less than three inches
per foot of lot width for a building not over 1 1/2 stories high,
and four inches per foot of lot width for a building from 1 1/2
to 2 1/2 stories high; provided further that the buildable width
of such lot shall in no case be reduced to less than 24 feet, nor
shall the width of any single side yard be less than 40% of the total
required side yard width.
[Amended 4-5-1972 by Ord.
No. 940] |
F.
Rear yard. There shall be a rear yard having a minimum depth of 20
feet.
G.
Lot area. No residential building shall hereafter be erected or structurally
altered on a lot which provides less than 7,200 square feet of lot
area per family and a minimum of 60 feet of width.
H.
Building size.
(1)
The ground floor areas of all one floor single family dwelling units,
exclusive of open porches and garages shall not be less than 1,000
square feet for a two-bedroom residence, 1,125 square feet for a three-bedroom
residence, 1,225 square feet for a four-bedroom residence and 1,325
square feet for a five-bedroom residence. For other than single floor
structures, the upper and lower floors shall have not less than 1,400
square feet with a minimum of 800 square feet on the first floor.
No bedroom, family room or den shall have an area less than 100 square
feet.
(2)
Alterations. Nothing in this ordinance shall prevent a non-conforming building or structure, existing on the date of enactment of this ordinance, from being altered, improved, repaired, or rebuilt even if after such alteration, improvement or repair, said building or structure still constitutes a non conforming use, subject to the 50% limitation in § 15.07G.
[Amended 10-7-1975 by Ord. No. 1020]
(3)
Construction approved prior to ordinance. Nothing herein contained
shall require any change in plans, construction or designated use
of a building or structure for which a building permit has been issued
prior to the date of enactment of this ordinance.
I.
Fences.
[Amended 9-1-1992 by Ord.
No. 1514]
(1)
Barbed fences or other hazardous construction materials shall be
prohibited.
(2)
When zoning regulations for height of fences vary along the common
line of a property, the more restrictive of the regulations shall
apply.
(3)
Maximum height in required front yards shall not exceed 48 inches.
(4)
Maximum height on side property lines, or within three feet thereof,
shall not exceed six feet.
(5)
Maximum height on rear property lines, or within three feet thereof,
shall not exceed six feet.
(6)
No fence shall be erected closer than 42 inches from a principal
building located on an adjoining property.
(8)
No fence shall be erected without the property owner first obtaining
a plat of survey with monumented property corners and a permit from
the City Building Inspector.
(9)
Hedges and other similar forms of vegetation which are planted to
form a dense, continuous barrier shall be regulated as a fence within
the vision clearance triangle.
(10)
Height regulations, as stated herein, may be varied by the City
Engineer when other considerations, such as adjoining grade levels,
swimming pool protections, etc., indicate that said variance would
satisfy the intent of these regulations.
(11)
Fence heights shall be measured from the grade of the principal
residence.
A.
Uses permitted. In the R-B Residential Zone, no building or structure
shall hereafter be erected or structurally altered unless otherwise
provided in this ordinance except for one or more of the following
uses:
(1)
Any non-conditional use permitted in the R-A Residential Zone.
[Amended 9-1-1992 by Ord.
No. 1514]
(2)
Two family dwellings. All two family dwellings constructed after
October 1, 2001, shall have not less than a one-car attached garaged
for each dwelling unit, or a two-car detached garage. The total minimum
area of the garage or garages shall not be less than 420 square feet.
When a lot abuts an alley, vehicular access to the garage, or other
parking, shall be provided solely from the alley.
[Amended 10-2-2001 by Ord. No. 1807]
B.
Conditional uses. The following uses may be permitted in an R-B Residential Zone by a conditional use permit under § 15.16:
(1)
All conditional uses permitted in the R-A Residential Zone.
(2)
Multi-family dwellings, boarding houses, lodging houses, bed and
breakfast establishments and convalescent homes.
[Amended 10-18-1994 by Ord. No. 1587]
(3)
Public hospitals, provided such building shall be located not less
than 100 feet from any lot in any residential zone not used for the
same purpose.
(4)
Philanthropic and eleemosynary institutions.
(5)
Private clubs, fraternities, and lodges, except those the major activity
of which is a service, customarily carried on as a business.
(6)
Transitional uses. When the side line of a lot in the R-B Residential
Zone abuts the boundary of any Commercial or Industrial Zone, the
following transitional uses may be established provided that:
(7)
Functional reuse of existing buildings. Structures or buildings existing in the R-B Zone as of January 1, 2008, that were previously used for churches, schools, banquet halls, or similar uses may be reused for establishment of commercial business or retail establishment subject to issuance of a conditional use permit under § 15.16 provided that:
[Added 2-20-2008 by Ord.
No. 1964]
(a)
The proposed use is a permitted or conditional use in the C-1
zone.
(b)
The building exterior or structure does not have to be significantly
modified to accommodate the intended uses.
(c)
The functional reuse does not convert a previously existing
residential use to a business enterprise.
(d)
The proposed reuse is of such nature as not to be objectionable
because of smoke, gases, fumes, dust, odor, noise, vibrations, traffic
or any activity having a detrimental effect on the health, safety
and/or welfare of the residents of adjacent residential areas or the
neighborhood taken as a whole.
(e)
Any conditional use permit issued under this paragraph shall
be limited to a time period of five years unless a greater or lesser
period of time is determined by the Plan Commission to be a necessary
or sufficient safeguard against adverse effects and shall be reissued
upon application for renewal provided the Plan Commission determines,
after an evidentiary hearing, that the reuse has not had adverse effects
upon the health, safety and/or welfare of the residents of the adjacent
residential areas or the neighborhood taken as a whole. In the event
the owner fails to petition for renewal, the conditional use permit
shall lapse and be void at the end of the time limit established by
the Plan Commission when it is issued or reissued. The City may notify
the property owner a minimum of 120 days prior to conditional use
permit expiration date. Failure of the City to notify the owner does
not void the requirement of owner to petition for renewal.
C.
Height. Same as R-A Residential Zone.
D.
Front yard. There shall be a front yard having a minimum depth of
25 feet.
E.
Side yard.
(1)
There shall be a side yard on each side of a building. For buildings
not over 1 1/2 stories high, the sum of the widths of the required
side yards shall be not less than 15 feet, and no single side yard
shall be less than six feet in width.
(2)
For buildings from 1 1/2 to 2 1/2 stories high, the sum
of the widths of the required side yards shall not be less than 20
feet, and no single side yard shall be less than eight feet in width,
except for any building which is designed for or occupied by three
families, the sum of the widths of the required side yards shall not
be less than 20 feet, and no single side yard shall be less than 10
feet in width, and for any building which is designed for or occupied
by four families, the sum of the widths of the required side yards
shall not be less than 30 feet, and no single side yard shall be less
than 12 feet in width.
(3)
Providing, however, that on a single lot having a width of less than 60 feet and on record at the time of the passage of this ordinance as being owned separately from any adjoining lots, the sum of the widths of the required side yards shall not be less than three inches per foot of lot width for a building not over 1 1/2 stories high, and of four inches per foot of lot width for a building from 1 1/2 to 2 1/2 stories high; provided further that the buildable width of such lot shall in no case be reduced to less than 24 feet, nor shall the width of any single side yard be less than 40% of the total required side yard width. See § 15.05D(1), (2), (5), (6) and (7).
F.
Rear yard. Same as R-A Residential Zone.
G.
Lot area. No residential building shall hereafter be erected or structurally
altered on a lot which provides less than the following minimum lot
area:
(1)
For a single family dwelling, 7,200 square feet of lot area per family
and a minimum of 60 feet of lot width.
(2)
For a two-family dwelling, 3,600 square feet of lot area per family
and a minimum of 60 feet of lot width.
(3)
For a three-family dwelling, 300 square feet of lot area per family
and a minimum of 75 feet of lot width.
(4)
For a four-family dwelling, 2,700 square feet of lot area per family
and a minimum of 90 feet of lot width.
(5)
For lodging or boarding units, a minimum of 60 feet of lot width.
H.
Building size. In addition to the same requirements in the R-A Residential
Zone for building size, each dwelling unit shall contain not less
than the following floor areas:
I.
Fences. Same as R-A Residential Zone.
A.
Uses permitted. In the R-C Residential Zone, no building or structure
shall be used and no building or structure shall hereafter be erected
or structurally altered, unless otherwise provided in this ordinance,
except for the following uses:
(1)
Any non-conditional use permitted in the R-B Residential Zone.
[Amended 9-1-1992 by Ord.
No. 1514]
C.
Height. No building or structure hereafter erected or structurally
altered shall exceed three stories or 35 feet in height when adjoining
a zone on one or more sides which permits greater heights the height
limit may be increased to be an average between the two zones. See
§ 15.06C(2), (3) and (4).
[Amended 9-1-1992 by Ord.
No. 1514]
D.
Front yard. There shall be a front yard having a minimum depth at
least equal to that of other residential zones which abut thereon
or which are separated therefrom by a street, whichever is closer,
but in no case shall said front yard be less than 10 feet.
E.
Side yard. There shall be a side yard of not less than 10 feet on
each side of the building, except that this side yard shall be increased
to 24 feet on the side which abuts on an R-A Residential Zone.
F.
Rear yard. Same as R-A Residential Zone.
G.
Building site area and lot area per family limitation. For the purpose
of determining the minimum lot area requirements for apartments, the
following table shall be used which, when combined with the front
yard setback requirements, will comprise the total lot area required
per family.
|
Height
|
Total Square Feet/Family
| |
|---|---|---|
|
1 Story
|
1,000
| |
|
2 Story
|
800
| |
|
3 Story
|
700
| |
|
4 Stories and over
|
600
|
(1)
Building floor area requirements are based on a minimum of 400 square
feet of available living space per dwelling unit.
(2)
Outdoor living area of 300 square feet per family shall be required.
Such area may not be used for any other purpose and may not be considered
a part of any front yard requirement as required by this ordinance.
Each building intended for occupancy by eight or more families shall
have a play lot included in said area of a suitable size as determined
by standards established by the City Plan Commission.
(3)
Off-street parking spaces to allow sufficient area for one car per family, as specified in § 15.05G(1) hereof shall be provided. In all cases where automobile parking spaces are provided within the main building, or some other structure on the premises, the total lot area required under Subsection F above may be reduced by 100 square feet for each such parking space provided.
I.
Fences. Same as R-A Residential Zone.
J.
Signs. Same as R-A Residential Zone.
A.
Uses permitted. In the C-1 Neighborhood Shopping Zone, no building,
structure, or premises shall be used, and no building or structure
shall hereafter be erected or structurally altered unless provided
in this ordinance, except for one or more of the following uses:
(1)
Bank, business and professional offices, and churches.
[Amended 9-1-1992 by Ord.
No. 1514]
(2)
Telephone, telegraph and public utility office; microwave radio relay
structures.
(3)
The following uses, provided that they shall be retail establishments
selling only new merchandise unless otherwise provided; that such
uses shall be conducted wholly within an enclosed building unless
otherwise provided; than not more than seven persons shall be employed
on the premises for any one such use; that the ground floor area for
any one use shall not exceed 1,800 square feet; that any exterior
sign displayed shall be attached to a building, shall pertain only
to the use of the building or premises, shall be placed so as to face
the principal street or a parking area in the rear, or if on a corner
building, such sign shall be located on that portion of the side street
wall within 50 feet of the principal street, and in no case shall
such sign project above the roof line of the building to which it
is attached; provided further that no curb service or drive-in service
shall be permitted.
(a)
Art shop, gift shop, jewelry store, optical store.
(b)
Bakery.
(c)
Barber shop, beauty parlor.
(d)
Book and stationery store, news stand, tobacco store.
(e)
Candy store, confectionery store.
(f)
Clothing store, dress shop, hosiery shop, millinery shop, notion
shop, shoe store, shoe repair shop, variety store.
(g)
Drug store, ice cream shop, pharmacy, soft drink stand.
(h)
Florist shop.
(i)
Food products, dairy products, delicatessen, fruit and vegetable
store, grocery store, meat and fish market Hardware store, sporting
goods store.
(j)
Music store, radio and television store.
(k)
Photographer and photographer's supplies.
(l)
Restaurant, tavern.
(m)
Tailor and clothes pressing shop; provided, however, that no
cleaning or dyeing operation shall be conducted on the premises.
(4)
Accessory buildings for any use permitted in the zone.
B.
Conditional uses. The following uses may be permitted in a C-1 Neighborhood Shopping Zone by a conditional use permit under § 15.16:
(1)
Any other business or enterprise which is similar in character to those listed in § 15.11A, and is established for the purpose of providing a service or commodity that is required by the residents of the adjacent residential area and is of such nature as not to be objectionable because of smoke, gases, fumes, dust, odor, noise, vibrations, or any activity having a detrimental effect on the health, safety and welfare of the residents of adjacent residential areas.
(2)
All conditional uses permitted in the R-A, R-B and R-C Residential
Zones.
(3)
Storage garages for the storage of personal automotive vehicles only,
not including trucks, buses, tractors, trailers or any other automobile
vehicle.
[Added 9-1-1992 by Ord.
No. 1514]
(4)
Mixed residential and commercial uses.
C.
Height. No building or structure hereafter erected or structurally
altered shall exceed three stories or 35 feet in height.
D.
Front yard. Where parts of the frontage are designated on the Zoning
Map as Residential Zone and C-1 Neighborhood Shopping Zone, the front
yard regulations of the Residential Zone shall apply to the C-1 Neighborhood
Shopping Zone; otherwise no front yard shall be required.
E.
Side yard. There shall be a side yard on each side of any building
hereafter erected or structurally altered, of not less than six feet
in width. All buildings hereafter erected or structurally altered
shall be set back a minimum of 10 feet from any lot line which adjoins
a residential zone.
F.
Rear yard. There shall be a rear yard having a minimum depth of 20
feet.
G.
Lot area. No minimum lot areas shall be required for commercial uses,
except as is deemed necessary by the City Plan Commission for lots
less than 30 feet in width. For dwelling units constructed above a
commercial use, and for apartments, the following minimum lot areas
shall apply:
H.
Building size. No minimum building size shall be required for commercial
uses, except as is deemed necessary by the City Plan Commission for
lots less than 30 feet in width. When dwelling or lodging units are
constructed above the commercial use, minimum unit sizes shall be
as follows:
I.
Fences. Same as R-A Residential Zone.
A.
Uses permitted. In the C-2 Commercial Zone, no building, structure
or premises shall be used and no building or structure shall hereinafter
be erected or structurally altered unless otherwise provided in this
ordinance except for one or more of the following uses:
[Amended 1-18-1994 by Ord. No. 1555]
(1)
All non-residential uses permitted in the C-1 Neighborhood Shopping
Zone.
[Amended 9-1-1992 by Ord.
No. 1514; 1-18-1994 by Ord. No. 1555]
(2)
One and Two-family dwellings which otherwise comply with all zoning
requirements (e.g. area, setbacks, unit size, parking, etc.) and which
were constructed prior to January 1, 1999.
[Added 11-2-1999 by Ord.
No. 1752]
(3)
Any of the following specified uses:
[Amended 1-18-1994 by Ord. No. 1555]
(a)
Animal hospital, pet shop.
(c)
Bowling alley, pool and billiard room, amusement and entertainment
centers utilizing mechanical, electronic, and video games, gymnasium,
dancing school, dance hall, skating rink, theater except drive-in
theater, ice cream store, soda fountain, soft-drink stand.
[Added 8-18-1981 by Ord.
No. 1159]
(d)
Caterer, tavern.
(e)
Cleaning and dyeing establishment; laundry.
(f)
Clinic.
(g)
Convention and exhibition hall.
(h)
Crockery store.
(i)
Department store.
(j)
Financial institution, brokerage, pawnbroker.
(k)
Furniture store, upholster's shop.
(l)
Household appliance store, paint store, plumbing, heating and
electrical supply store.
(m)
Job printing establishments and newspaper press rooms and offices.
(n)
Municipal buildings, including post offices, libraries, museums,
fire and police stations and community centers, but not including
public warehouses, garages or storage yards, sewage disposal plants
or garbage incinerators, and penal or correctional institutions.
(o)
Personal service establishments.
(p)
Private school.
(q)
Radio and television broadcasting studio, radio and television
towers, masts or aerials, microwave radio relay structures.
(r)
Railroad and bus depot.
(s)
Temporary structures.
(t)
Undertaking establishment.
B.
Conditional uses. The following uses may be permitted in a C-2 Commercial Zone by a conditional use permit under § 15.16. Notwithstanding any provision herein to the contrary any residential building hereinafter constructed and any existing building hereinafter structurally altered to increase the number of residential units within such building in a C-2 Commercial Zone shall be subject to such height, setback, number of units, building size, percentage of buildable area on the land and such other conditions as may be determined to be appropriate by the Plan Commission and the Common Council in the Conditional Use Permit process. In the event these provisions governing residential uses in a C-2 zone appear to be in conflict with any other provision of this zoning code, the terms of this paragraph shall supersede any such apparently conflicting provision.
[Amended 1-18-1994 by Ord. No. 1555]
(1)
Electronic equipment design, programming, assembly, testing, storage,
display and sales, but not including the manufacturing of component
parts except as may be incidental to assembly. Detailed plans for
the use of any structure or lands for such purposes, including a description
of machinery and equipment to be used, shall be subject to approval
by the Common Council following review and recommendation by the City
Plan Commission.
[Amended 5-2-1978 by Ord.
No. 1067]
(2)
Storage of building materials when same is in a fully enclosed building
and operated in conjunction with a retail outlet for said materials
on the same premises as the primary use.
(3)
Auto body repairing and painting.
(4)
All conditional uses permitted in the R-A Residential Zone, the R-B
Residential Zone, the R C Residential Zone and the C-1 Commercial
Zone.
(5)
The storage of equipment and supplies used in the construction services
industries (e.g., building contractors, carpenters, electricians,
flooring services, lighting services, masonry services, painting services,
plastering services, plumbing and heating contractors, roofing services,
sheet metal services and welding services) provided that no manufacturing
of products is conducted on the premises and that all storage of equipment
and supplies is within a building.
[Added 6-17-1997 by Ord.
No. 1672]
(6)
Automotive sales and service, automobile repair, and automotive fueling
stations, provided that all pumps and service islands meet the district
setback requirements; provided that canopies are set back at least
10 feet from a street right-of-way; provided that the Plan Commission
and Common Council has reviewed and approved the site ingress and
egress plan; and provided the Plan Commission and Common Council has
review and approved a site landscaping plan.
[Added 4-5-2000 by Ord.
No. 1766]
(7)
Drive-through facilities such as banks, restaurants, and carwashes,
provided that each drive-through bank shall provide four stacking
spaces for each service lane; each drive-through restaurant shall
provide eight stacking spaces for each service lane; each full service
carwash shall provide seven stacking spaces per wash stall and two
drying spaces beyond the carwash exit; and each self service carwash
shall provide two stacking spaces per wash stall. Drive-through establishments
not listed shall provide stacking spaces as required by the Plan Commission
based on demonstrated need.
[Added 4-5-2000 by Ord.
No. 1766]
(8)
Limited manufacturing, assembly, and storage may be permitted in the C-2 zone, provided that the need for such onsite manufacturing and assembly is demonstrated to the Plan Commission and provided the manufacturing/assembly use complies with the performance standards for residential and business districts set forth in § 15.16.1.
[Added 4-5-2000 by Ord.
No. 1766]
(9)
Personal wireless facilities. Personal wireless facilities include
cellular telephone antennas, personal communication services, other
mobile radio services, and any FCC-licensed wireless common carriers;
and any office, maintenance, generator, or other land use directly
related to the operation of such services.
[Added 2-6-2001 by Ord.
No. 1792]
(a)
The developer of a personal wireless facility shall prepare
a plan showing the number and potential location of all antenna sites
needed within the City, and within three miles of the City, to complete
the complete communication network.
(b)
The applicant for a personal wireless facility must own the
property on which the facility is proposed to be located, must possess
a lease to use the property for a personal wireless facility, or possess
another appropriate agreement document that shows that the property
owner has agreed to the use of the property for such personal wireless
service facility.
(c)
All antenna shall be constructed on existing structures, such
as, but not limited to water towers, public buildings, existing utility
towers, or other communications towers.
(d)
If it is determined that such antennas cannot be co-located
on existing structures, freestanding tower structures may be permitted,
but said structures shall be designed to support the proposed antennas
and three additional sets of communications antennas. The developer
shall agree, in writing, to make the structure available for co-location
by other companies of other communication equipment at a reasonable
return. No more than one freestanding tower shall be permitted on
a property.
(e)
It shall be preferred, and the Common Council may require, that
stealth antenna technologies be used to hide or disguise a personal
wireless service facility.
(f)
No freestanding tower shall exceed in height, twice the distance
from the nearest lot line.
(g)
The developer may be required to post a bond or cash deposit
to assure maintenance of communication equipment and its supporting
structures; and to assure that if facilities are abandoned, sufficient
resources are available for the City to remove such equipment and
structures.
(10)
Convenient cash and similar businesses.
[Added 8-17-2010 by Ord.
No. 2008]
(a)
Definition. Convenient cash and similar businesses include check
cashing places, pay-day loans, car title, cash loan/advance services
and similar short-term credit establishments, and means any person
licensed pursuant to Wisconsin Statutes who accepts a check or title,
holds the check or title, for a period of time before negotiating
or presenting the check or title for payment, and pays to the issuer
an agreed upon amount of cash, or who refinances or consolidates such
a transaction.
(b)
Location.
[1]
Convenient cash businesses shall not be located within 1,500
feet of any other convenient cash business or as regulated by State
Law.
[2]
Convenient cash businesses shall not be located within 250 feet
from a residential zoning district or residential use as measured
by the shortest line between the parcel to be occupied by the proposed
convenient cash facility and the property line of the residential
use or district.
(c)
Hours of operation. Convenient cash businesses shall not operate
between the hours of 9:00 p.m. and 9:00 a.m.
(d)
All convenient cash businesses shall purchase and install based
upon specifications provided by the Police Department, one outdoor
surveillance camera and wireless subscription module (total cost not
to exceed $5,000) to be positioned in close proximity to said business
at a location determined by the Police Department The owner of this
equipment shall be responsible for its repair and upkeep. Failure
to maintain and repair the above-named equipment will necessitate
a review of the Conditional Use approval and possible revocation of
same.
(e)
Applicant must provide a security plan that addresses all of
the following:
[1]
Limits on amount of cash immediately available for withdrawal;
[2]
Lighting plan for the business showing both exterior and interior
lighting;
[3]
Plans for maintaining visibility into the interior of the check
cashing facility;
[4]
Plans for security of the check cashing area of the facility;
[5]
A program for graffiti and litter abatement;
[6]
Hour of operation; and
[7]
Use of security guards and cameras plan.
D.
Front yard. No front yard shall be required.
E.
Side yard. No side yard shall be required, but if provided, such
side yard shall not be less than six feet in width. All buildings
shall be set back a minimum of 10 feet from any lot line which adjoins
a residential zone.
G.
Lot area. Same as C-1 Zone.
H.
Building size. Same as C-1 Zone.
I.
Fences. Same as C-1 Zone.
A.
Uses permitted. In the C-3 Central Business Zone, no building, structure
or premises shall be used and no building or structure shall hereafter
be erected or structurally altered unless otherwise provided in this
ordinance, except for one or more of the following uses:
(1)
All non-conditional uses permitted in the C-1 Neighborhood Shopping
Zone and the C-2 Commercial Zone.
[Amended 9-1-1992 by Ord.
No. 1514]
(2)
Financial institution, brokerage, pawnbroker.
(3)
Wholesale tropical fish business.
[Amended 3-15-1994 by Ord. No. 1560]
(4)
Transitional uses. When the side or rear lot line of a lot in the
C-3 Central Business Zone abuts the boundary of any Industrial or
Manufacturing Zone, the uses defined at (c) hereof may be established
provided that:
[Added 4-9-1996 by Ord.
No. 1639]
(a)
Such transitional uses shall not extend into the C-3 Central
Business Zone more than 75 feet.
(b)
All of the regulations of the C-3 Central Business Zone respecting yards and open spaces shall be complied with. See § 15.05D(7).
(c)
The uses permitted as transitional uses are:
[1]
Storage of contractor/building materials when the same is stored
in a fully enclosed building, is an incidental part of the business
located on the premises, and does not occupy more than 50% of the
building.
[2]
Storage of contractor equipment when the same is in a fully
enclosed building or in an area fully enclosed by a screened fence,
is an incidental part of the business located on the premises, and
the equipment does not exceed the following limitations:
B.
Conditional uses. The following uses may be permitted in a C-3 Central Business Zone by a conditional use permit under § 15.16:
(1)
All conditional uses permitted in the R-A Residential Zone, the R-B
Residential Zone, the R-C Residential Zone, the C-1 Neighborhood Shopping
Zone and the C-2 Commercial Zone.
[Amended 9-1-1992 by Ord.
No. 1514; 4-21-1998 by Ord. No. 1704]
(2)
The storage of equipment and supplies used in the construction services
industries (e.g. building contractors, carpenters, electricians, flooring
services, lighting services, masonry services, painting services,
plastering services, plumbing and heating contractors, roofing services,
sheet metal services and welding services) provided that no manufacturing
of products is conducted on the premises and that all storage of equipment
and supplies is within a building.
[Added 6-17-1997 by Ord.
No. 1672]
(3)
Automotive sales and service, automobile repair, and automotive fueling
stations, provided that all pumps and service islands meet the district
setback requirements; provided that canopies are set back at least
10 feet from a street right-of-way; provided that the Plan Commission
and Common Council has reviewed and approved the site ingress and
egress plan; and provided the Plan Commission and Common Council has
reviewed and approved a site landscaping plan.
[Added 4-5-2000 by Ord.
No. 1766]
(4)
Drive-through facilities such as banks, restaurants, and carwashes,
provided that each drive-through bank shall provide four stacking
spaces for each service lane; each drive-through restaurant shall
provide eight stacking spaces for each service lane; each full service
carwash shall provide seven stacking spaces per wash stall and two
drying spaces beyond the carwash exit; and each self service carwash
shall provide two stacking spaces per wash stall. Drive-through establishments
not listed shall provide stacking spaces as required by the Plan Commission
based on demonstrated need.
[Added 4-5-2000 by Ord.
No. 1766]
(5)
Limited manufacturing, assembly, and storage may be permitted in the C-2 zone, provided that the need for such onsite manufacturing and assembly is demonstrated to the Plan Commission and provided the manufacturing/assembly use complies with the performance standards for residential and business districts set forth in § 15.16.1.
[Added 4-5-2000 by Ord.
No. 1766]
(6)
Tattoo establishments.
[Added 5-20-2008 by Ord.
No. 1971]
(7)
Functional reuse of historic non-standard structures. Historic train cars or other historic equipment or vehicles may be used for establishment of commercial business, or other use, subject to issuance of a conditional use permit under § 15.16, provided that:
(a)
The proposed use is a permitted or conditional use in the C-3
zone;
(b)
The historic vehicle does not have to be significantly modified
to accommodate the intended use;
(c)
The proposed reuse is not objectionable because of the effect
on the neighborhood;
(d)
The historic vehicle is not a motor home, recreational vehicle,
trailer, mobile (manufactured) home, or otherwise drivable or movable
vehicle;
(e)
Conditional use permit shall include provisions for removal
of the structure if the reuse ceases operation.
[Added 4-19-2011 by Ord.
No. 2021]
D.
Front yard. No front yard shall be required.
E.
Side yard. Same as C-2 Zone.
F.
Rear yard. No rear yard will be required where adequate off-street
loading space is provided.
G.
Lot area. Same as C-1 Zone.
H.
Building size. Same as C-1 Zone.
I.
Fences. Same as C-1 Zone.
J.
Signs. Same as C-1 Zone.
K.
Off-street parking. None of the provisions of this ordinance requiring
off-street parking shall apply to this zone, except that off-street
loading space, when needed, shall be provided.
A.
Uses and conditional uses.
[Amended 4-16-2002 by Ord. No. 1818; 3-5-2019 by Ord. No. 2189]
(1)
Uses. In the M-1 Manufacturing Zone, no building, structure or premises
shall be used and no building or structure shall hereafter be erected,
moved or structurally altered unless otherwise provided in this chapter,
except for one or more of the following uses:
(a)
Automobile and motorcycle repair (mechanical).
(b)
Machine shop.
(c)
Tool and die manufacturer.
(d)
Woodworking and cabinet making.
(e)
Small engine repair, machine repair, appliance repair.
(f)
Equipment sales and service.
(g)
Building restoration and services, including electrical, plumbing,
and heating ventilation and air conditioning.
(h)
Sheet metal fabrication.
(i)
Towing companies.
(2)
Conditional uses. The following uses may be permitted in the M-1 Manufacturing Zone by a conditional use permit under Subsection B and § 15.16:
(a)
Auto body and painting.
(b)
Automobile or truck sales.
(c)
Contractor's office, shops, and yards with outdoor storage of
equipment and materials.
(d)
Self-service storage facilities (mini warehouse).
(e)
Indoor or outdoor recreation facilities.
(f)
Animal hospitals or kennels, provided any outdoor facilities
are not less than 300 feet from a residential zone.
(g)
Outdoor self-storage of vehicles, equipment, or recreational
vehicles, trailers, or boats.
(h)
Indoor storage of vehicles and equipment.
(i)
Moving and storage services.
(j)
Temporary uses.
(k)
Car wash facilities.
B.
Review. In granting or denying conditional use permits in the M-1 zone, in addition to employing the standards and criteria of § 15.16 of these ordinances, the Plan Commission shall not permit any use which was formerly prohibited and in considering an application for a use which was formerly conditionally prohibited, the Plan Commission shall give due regard to those conditions which formerly limited the conditionally prohibited use for which an application has been submitted. The provisions of this paragraph should be read to supplement and not replace the standards established in § 15.16 of these ordinances. In the event of a conflict between the provisions of this paragraph and the provision of § 15.16, the conflict shall be resolved in favor of application of the provisions in § 15.16.
[Amended 4-16-2002 by Ord. No. 1818]
C.
Height. The height of any building in the M-1 zone shall be established
by the conditional use permit.
[Amended 4-16-2002 by Ord. No. 1818]
D.
Front yard.
(1)
There shall be a front yard having a minimum depth of 25 feet. In
case of a corner lot, no such building shall be nearer the side street
line than 10 feet.
(2)
Where any part of the premises is used for storage or manufacturing
and is not in an enclosed building, such use shall be screened by
a wall, fence, evergreen, or other equally effective planting, and
built or maintained at a minimum height of six feet.
E.
Side yard.
(1)
For buildings or parts of buildings hereafter erected or structurally
altered for residential purposes, the side yard requirements of the
R-A Residential Zone shall apply.
(2)
All buildings hereafter erected or structurally altered shall be
set back a minimum of 50 feet from any lot line which adjoins a residential
zone except that where a street divides the zones, no setback shall
be required but, if provided, such side yard shall be not less than
10 feet in width.
(3)
Where any part of the premises adjoining a residential zone is used
for storage or manufacturing and is not in an enclosed building, such
use shall be screened by a wall, fence, evergreen, or other equally
effective planting, and built or maintained at a minimum height of
five feet.
F.
Rear yard. There shall be a rear yard of not less than 20 feet for a building three stories or less in height, except that loading platforms may be established in such rear yard when it abuts on a railroad. For each additional story or fractional story in height, the depth of such rear yard shall be increased two feet. See § 15.05C(2) and (3) and D(2), (5), (6) and (7).
G.
Lot area. No minimum lot area shall be required, except as may be
deemed necessary by the Plan Commission in the conditional use permitting
process.
[Amended 4-16-2002 by Ord. No. 1818]
H.
Building size. No minimum building size shall be required, except
as may be deemed necessary by the Plan Commission in the conditional
use permitting process. All plans for construction in this zone shall
be approved by the City Plan Commission along with the proposed orientation
of buildings.
[Amended 4-16-2002 by Ord. No. 1818]
J.
(Reserved)
K.
Fences and signs. Fences and signs will be permitted or required
by conditional use permit only.
A.
Uses and conditional uses.
[Amended 4-16-2002 by Ord. No. 1818; 3-5-2019 by Ord. No. 2189]
(1)
Uses. In the M-2 Manufacturing Zone, no building, structure or premises
shall be used and no building or structure shall hereafter be erected,
moved or structurally altered unless otherwise provided in this chapter,
except for one or more of the following uses:
B.
Review. In granting or denying conditional use permits in the M-2 zone, in addition to employing the standards and criteria of § 15.16 of these ordinances, the Plan Commission shall not permit any use which was formerly prohibited and in considering an application for a use which was formerly conditionally prohibited, the Plan Commission shall give due regard to those conditions which formerly limited the conditionally prohibited use for which an application has been submitted. The provisions of this paragraph should be read to supplement and not replace the standards established in § 15.16 of these ordinances. In the event of a conflict between the provisions of this paragraph and the provisions of § 15.16, the conflict shall be resolved in favor of application of the provisions in § 15.16.
[Amended 4-16-2002 by Ord. No. 1818]
C.
Height. The height of any building in excess of two stories or 30
feet in the M-2 zone shall be established by the conditional use permit.
[Amended 4-16-2002 by Ord. No. 1818]
D.
Front yard.
(1)
There shall be a front yard having a minimum depth of 10 feet.
(2)
Where any part of the premises is used for storage or manufacturing
and is not in an enclosed building, such use shall be screened by
a wall, fence, evergreen or other equally effective planting built
or maintained at a minimum height of six feet. No setback shall be
required, but if a setback is used, it shall be a minimum of 10 feet.
E.
Side yards.
(1)
For building or parts of building hereafter erected or structurally
altered for residential purposes, the side yard requirements of the
R-1 Residential Zone shall apply.
(2)
All buildings hereafter erected or structurally altered shall be
set back a minimum of 50 feet from any lot line which adjoins a residential
zone, except that when an M-1 or M-2 Zone adjoins a residential zone
and is separated by a street, no setback shall be required. Otherwise
no side yard shall be required but if provided, such side yard shall
not be less than 10 feet in width.
(3)
Where any part of the premises adjoining a residential zone is used
for storage or manufacturing and is not in an enclosed building, such
use shall be screened by a wall, fence, evergreen or other equally
effective planting, built or maintained at a minimum height of six
feet.
F.
Rear yard. There shall be a rear yard of not less than 20 feet for a building three stories or less in height, except that loading platforms may be established in such rear yard when it abuts on a railroad. For each additional story or fractional story in height, the depth of such rear yard shall be increased two feet. See § 15.05C(2) and (3) and D(2), (5), (6) and (7).
G.
Lot area. Same as M-1 Zone.
H.
Building size. Same as M-1 Zone.
I.
Fences. Same as M-1 Zone.
J.
Fences and signs. Fences and signs will be permitted or required
by conditional use permit only.
[Amended 4-16-2002 by Ord. No. 1818]
[Added 9-1-1992 by Ord.
No. 1514]
A.
Permit requirements.
(1)
Permit. The City of South Milwaukee Plan Commission may authorize
the Building Inspector to issue a conditional use permit for conditional
uses after review, a public hearing and approval by the Common Council,
provided that such conditional uses and structures are in accordance
with the purpose and intent of this ordinance and are found to be
not hazardous, harmful, offensive, or otherwise adverse to the environment
or the value of the neighborhood or the community.
[Amended 10-18-1994 by Ord. No. 1587]
(2)
Review standards. A conditional use permit shall only be granted
on such terms regulating the setback of buildings, yards and open
areas, height of structures, parking and concentration of buildings
and people and use of land as will in all circumstances insure that
the essential character of the zoning and neighborhood is not changed,
that neighboring property values are preserved, that the general health
and welfare of the community is enhanced and that the objectives of
Section 62.23(7)(c) are met.
[Added 10-18-1994 by Ord.
No. 1587]
(3)
Exceptions. Any structure, building or use of land which was a permitted
use in the zoning district of which it is a part immediately prior
to the adoption of an amendment to this zoning code which amendment
made that structure, building or use a conditional use shall be deemed
to have been granted a conditional use permit on the effective date
of the amendment to continue that structure, building and/or use as
a conditional use. However, any extension or expansion of the structure,
building or use will be allowed only upon grant of a conditional use
permit specifically approving the extension or expansion. Additionally,
this provision shall not affect the non-conforming status of any structure
or use existing before such an amendment to this Code.
[Added 10-18-1994 by Ord.
No. 1587]
B.
Application. Applications for conditional use permits shall be made
in duplicate to the Building Inspector on forms furnished by the City
and shall include the following:
[Added 9-1-1992 by Ord.
No. 1514]
(1)
Name and address of the applicant, owner of the site, architect,
professional engineer, contractor, and all abutting property owners
of record.
(2)
Description of the subject site by lot, block, and recorded subdivision
or by metes and bounds; 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.
(3)
Plat of Survey prepared by a registered land surveyor in the State
of Wisconsin.
(4)
Additional information as may be required by the City of South Milwaukee
Plan Commission, City Engineer, or the Building, Electrical, Health
or Plumbing Inspectors.
(5)
Fee receipt from the City of South Milwaukee Treasurer in an amount
established by the Common Council.
C.
Review and approval. The City of South Milwaukee Plan. Commission
shall review the site, existing and proposed structures, building
layout, neighboring uses, parking areas, driveway locations, highway
access, traffic generation and circulation, drainage, sewerage and
water system and the proposed use and where the proposed use will
either create an apartment structure or increase the number of dwelling
units in an existing apartment structure, the following minimum standards
shall be required and no permit shall be issued for any structure
or premise which does not meet the following minimum standards:
[Amended 12-20-1994 by Ord. No. 1595]
(1)
Density. The maximum number of units upon any land shall not exceed
the following: 12 efficiency units per acre; 10 one-bedroom units
per acre; eight two-bedroom units per acre; eight units per acre for
units of three or more bedrooms. Structures consisting of two or more
types of units must meet the standard for the more restrictive type
of unit.
(2)
Open space. At least 1,800 square feet of open space per family is
required. Open space may not be devoted to the primary structures,
accessory structures or parking areas and do not include streets,
driveways or alleys.
(3)
Unit size. The following are the minimum required unit sizes:
(a)
Five hundred square feet for each efficiency.
(b)
Six hundred fifty square feet for each one bedroom.
(c)
Eight hundred fifty square feet for each two bedroom.
(d)
One thousand fifty square feet for each three bedroom.
(e)
For a unit of more than three bedrooms, the minimum size is
1,050 plus 200 square feet for each bedroom over three.
(4)
Lot area. The minimum lot area is made up of the following minimum
yard sizes plus the required open area and the area needed to meet
the minimum unit sizes:
D.
The public hearing shall be noticed in the same fashion as a re-zoning
except that the hearing shall be before and conducted by the City
Plan Commission.
E.
Conditions. Conditions such as landscaping, building layout and location
of the site, type of construction, construction commencement and completion
dates, lighting, fencing, planting screens, operational control, hours
of operation, improved traffic circulation, deed restrictions, increased
yards, or parking requirements and any other condition restriction
or limitation which may be reasonable based on the specific circumstances
of the property, neighborhood and proposed use, may be required by
the City of South Milwaukee Plan Commission upon its finding that
these are necessary to fulfill the purpose and intent of this ordinance.
F.
Compliance. Compliance with all other provisions of this ordinance,
such as to width and area of the lot, required yards, height, parking,
loading, traffic, driveway access, and performance standards shall
be required of all conditional uses.
[Added 4-5-2000 by Ord.
No. 1766]
A.
This ordinance permits specific uses in specific districts; these
performance standards are designed to limit, restrict, and prohibit
the effects of those uses outside their premises or district. All
structures, land, air, and waters shall hereafter, in addition to
their use and site regulations, shall comply with the following performance
standards.
B.
Air pollution. No person or activity shall emit any fly ash, dust,
fumes, vapors, mists, or gases in such quantities so as to substantially
contribute to exceeding state or federal air pollution standards.
C.
Fire and explosive hazards. All activities involving the manufacturing,
utilization, processing, or storage of flammable or 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, or stored only within completely enclosed buildings which
have incombustible exterior walls and an automatic fire extinguishing
system. The above-ground storage capacity of materials that produce
flammable or explosive vapors shall not exceed 50,000 gallons.
D.
Glare and heat. No activity shall emit glare or heat that is visible
or measurable outside its premises except activities 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.
E.
Water quality protection.
(1)
No activity shall locate, store, discharge, or permit the discharge
of any treated, untreated, or inadequately treated liquid, gaseous,
or solid materials of such nature, quantity, obnoxiousness, toxicity,
or temperature that might run off, seep, percolate, or wash into surface
or subsurface waters so as to contaminate, pollute, or harm such waters
or cause nuisances such as objectionable shore deposits, floating
or submerged debris, oil or scum, color, odor, taste, or unsightliness
or be harmful to human, animal, plant, or aquatic life.
(2)
In addition, no activity shall withdraw water or discharge any
liquid or solid materials so as to exceed, or contribute toward the
exceeding of, the minimum standards set forth in Chapter NR 102 of
the Wisconsin Administrative Code.
F.
Noise.
(1)
In the following zoning districts the noise emitted from any
source and measured at any point within any distance beyond 50 feet
of the property line or public right-of-way where the noise is produced
or beyond 50 feet from the noise source when such exists on public
property shall not exceed the amounts indicated in the following table:
|
Sound Pressure Level
| |||
|---|---|---|---|
|
Zone
|
Time
|
Decibel (dBA) Level Maximum
| |
|
Residential and Business Districts (R-A, RB, R-C, C-1, C-2,
C-3, PDD)
|
7:00 p.m. to 7:00 a.m.
|
70 dBA
| |
|
7:00 a.m. to 7:00 p.m.
|
75 dBA
| ||
|
Manufacturing (M-1, M-2)
|
All times
|
80 dBA
| |
|
Except where such operations are adjacent to Residential District
or Residential Use
|
75 dBA
| ||
(2)
All noise shall be muffled or otherwise controlled to prevent
fluctuations above the amounts indicated. The provisions of this ordinance
shall not apply to construction machinery when engaged in bona fide,
temporary construction work between the hours of 7:00 a.m. and 7:00
p.m. of any day. Such hour limitations shall not apply to emergencies
where immediate action is required.
(3)
The provisions of this section shall not apply to any noise
which is either necessary or required by law or is made for the protection
or preservation of persons or to licensed and authorized fireworks
displays.
G.
Odors. No activity shall emit any odorous matter of such nature or
quantity as to be offensive, obnoxious, or unhealthful outside their
premises. The guide for determining odor measurement and control shall
be Chapter NR 154 of the Wisconsin Administrative Code and amendments
thereto.
H.
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.
I.
Vibration. No activity in any district shall emit vibrations which
are discernible without instruments outside its premises. No activity
shall emit vibrations which exceed the following displacement measured
with a three-component measuring system:
|
Frequency
(Cycles per second)
|
Outside the Premises
|
Displacement (inches)
Outside the District
| |
|---|---|---|---|
|
0 to 10
|
0.0020
|
0.0004
| |
|
10 to 20
|
0.0010
|
0.0002
| |
|
20 to 30
|
0.0006
|
0.0001
| |
|
30 to 40
|
0.0004
|
0.0001
| |
|
40 to 50
|
0.0003
|
0.0001
| |
|
50 and over
|
0.0002
|
0.0001
|
J.
Lighting. No exterior lighting used for parking lots, recreational
facilities, product display, or security shall be permitted to spill-over
on operators of motor vehicles, pedestrians, and uses of land in the
vicinity of the light source. These requirements shall not apply to
lighting placed in a public right-of-way for public safety.
(1)
Type. Shielded luminaries, or luminaries with cutoff optics,
and careful fixture placement shall be required so as to facilitate
compliance with this section.
(2)
Orientation. Exterior lighting fixtures shall be oriented so
that the lighting element (or a transparent shield) does not throw
rays onto neighboring properties. Light rays shall not be directed
into street rights-of way or upward into the atmosphere.
(3)
Minimum lighting standards. All areas designated on approved
site plans for vehicular parking, loading, or circulation and used
for any such purpose after sunset shall provide artificial illumination
in such areas at a minimum intensity of 0.4 footcandles, exclusive
of approved anti-vandal lighting. This standard shall not apply to
properties in agricultural and single-family residential districts.
(4)
Intensity of illumination. The intensity of illumination, measured
at the property line, shall not exceed 0.5 footcandles.
(5)
Location. Light fixtures shall not be permitted within required
buffer yards.
(6)
Flashing, Flickering, and Other Distracting Lighting which may
distract motorists is prohibited.
(7)
Nuisances. Lighting which creates or becomes a public nuisance
is not permitted.
(8)
Accent Lighting and Low Voltage Lighting (12 volts or less)
is exempt from these requirements.
K.
Nonconforming uses. Uses lawfully existing on January 1, 2000, which
do not conform to the performance standards set forth in this section
may continue as conforming uses with legal nonconforming performance
standards. No use shall be changed, extended, enlarged or expanded
unless such change, extension, enlargement, or expansion conforms
to the performance standards set forth in this section.
A.
The Common Council shall refer to this City Plan Commission for its
consideration and report before final action is taken thereon by the
Council, any subject or matter relating to this ordinance. The City
Plan Commission shall consider and, within 30 days or such longer
period as may be stipulated by the Common Council, report thereon
to the Common Council.
B.
The Commission may also, on its own motion, make such recommendations
to the Council with reference to the above matters as the Commission
shall deem to be advisable.
A.
The Board of Appeals shall consist of five members appointed by the
Mayor, subject to confirmation by the Common Council, for terms of
three years without compensation, except that of those first appointed,
one shall serve for one year, two for two years, and two for three
years. At least one of the members shall be a registered architect
or professional engineer. Members of the Board shall be removable
by the Mayor for cause upon written charges and after public hearing.
The Mayor shall designate one of the members Chairman. The Mayor shall
appoint an alternate member for a term of three years who shall act
with full power only when a member of the Board of Appeals refuses
to serve because of interest. Vacancies shall be filled for the unexpired
terms of members whose become vacant. The Board of Appeals may employ
a secretary and other employees.
B.
Rules of Board. The following shall be the rules governing the conduct
of the business of said Board of Appeals.
(1)
Meetings of the Board of Appeals shall be held at the call of the
Chairman and at such other times as the Board may determine.
(2)
The Chairman, or in his absence, the Acting Chairman, may administer
oaths and compel the attendance of witnesses.
(3)
All meetings of the Board shall be open to the public.
(4)
The Board shall keep minutes of its proceedings showing the vote
of each member upon each question (or if absent or failing to vote,
indicating such fact) and shall keep records of all its hearings and
examinations and other official actions, all of which shall be immediately
filed in the Office of the Board and shall be a public record.
C.
Appeals.
(1)
Appeals to the Board of Appeals may be taken by any person aggrieved
or by any officer department, board or bureau of the City of South
Milwaukee, affected by any decision of the Building Inspector.
(2)
Such appeals shall be made within 20 days from the date of the decision
of the Building Inspector or other administrative officer appealed
from. The original of such appeal shall be filed with the Board and
shall specify the grounds thereof.
(3)
A copy of such appeal shall be served upon the officer from whose
decision the appeal is taken, and such officer shall, upon receiving
the notice of such appeal, forthwith transmit to the Board copies
of all papers constituting the record upon which the action appealed
from was taken.
D.
Stay of proceedings. An appeal shall stay all legal proceedings in
furtherance of the action appealed from, unless the officer from whom
the appeal is taken certifies to the Board of Appeals after the notice
of appeal shall have been filed with him, that by reason of facts
stated in the certificate, a stay would, in his opinion, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed otherwise than by a restraining order which may be granted
by the Board of Appeals or by a court of record on application, on
notice to the officer from whom the appeal is taken and on due cause
shown.
E.
Hearing of appeal. Each appeal shall be heard at the next regularly scheduled meeting of the Board following publication of notice for hearing the appeal pursuant to § 15.18F. The Board shall schedule a meeting at least every 31 days. Hearings shall be held at the City Hall or other designated place. All appeals shall be decided within 16 days after completion of the hearing thereon.
[Amended 6-3-1986 by Ord.
No. 1328]
F.
Notice of hearing on appeal. Prior to the hearing of the appeal,
public notice thereof shall be given by the secretary of the Board
of Appeals by advertisement in the official newspaper at least once
not less than seven days before the date set for such hearing. At
least three copies of such notice shall be separately posted within
a 300 foot radius of the lands affected by the appeal. Written notice
thereof shall also be given to the secretary to the City Building
Inspector; to the appellant; to the City Clerk, who upon receipt of
such notice, shall forthwith notify all members of the Common Council;
and to all interested persons. Such notice shall be given not less
than seven days before the date set for such hearing either by mail
or by personal service as the Board shall determine.
G.
Majority rule. The concurring vote of four members of the Board shall
be necessary to constitute a decision of that body upon any of the
matters which it has the power to act upon.
H.
Powers of the Board and powers reserved to the Common Council. No
action of the Board of Appeals shall have the effect of permitting
in a zone any use not specifically permitted in that zone. The Common
Council reserves to itself the authority to review and consider all
applications for a use variance. The Board of Appeals shall have the
following powers:
(1)
To hear and decide appeals wherein it is alleged there is error in
any order, requirement, decision, determination made by the Building
Inspector.
(2)
To hear and decide special exceptions to the area requirements of
this Zoning Code.
(3)
To authorize, upon appeal in specific cases, such variance from the
area requirements of this ordinance as will not be contrary to the
public interest, where, owing to special conditions, peculiar to a
specific lot or tract of land, a literal enforcement of the provisions
of this ordinance will result in unnecessary hardship, so that the
spirit of this ordinance shall be observed and substantial justice
be done. In every case where a variance from the regulations imposed
by this ordinance has been granted by the Board of Appeals, the minutes
of the Board shall affirmatively show that an "unnecessary hardship"
exists, and the records of the Board shall clearly show in what particular
and specific respects an "unnecessary hardship" is created.
(4)
To forward to the Common Council any application for a variance from
the use restrictions of this Zoning Code.
[Amended 4-16-2002 by Ord. No. 1817]
I.
Exercise of powers. In exercising the above mentioned powers, the
Board of Appeals may reverse or affirm, wholly or partly, or may modify
any order, requirement, decision or determination as in its opinion
ought to be made in the premises and to that end shall have all the
powers of the officer from whom the appeal was taken; provided that
the Board shall make and sign legal findings of fact based upon credible
evidence in the record.
J.
Court review. The court review of any determination of the Board
of Appeals shall be as provided by § 62.23, Subsections
(1) to (15), inclusive, Wis. Stats.
K.
The Board of Appeals shall have the power to call on any of the other
City Departments for assistance in the performance of its duties,
and it shall be the duty of such other department to lend all such
assistance as may be reasonably required.
[Added 8-17-1982 by Ord.
No. 1196]
A.
Purpose; categories. The development and execution of this title
is based upon the division of the City into districts, within which
the use of land and buildings or structures as related to the land
are essentially uniform. It is recognized, however, that there are
special uses which, because of their unique character cannot be properly
classified in any particular district or districts without consideration,
in each case, of the impact of those uses upon the neighborhood and
upon the public need for the particular use. Such special uses fall
into two categories:
(1)
Uses operated by a public agency or publicly regulated utilities,
or uses traditionally affected with a public interest.
(2)
Uses entirely private in character, but of such nature that the operation
may give rise to unique problems with respect to their impact upon
neighboring property or public facilities.
B.
Authorization. The Board of Appeals may authorize the Building Inspector to issue a Special Use Permit following a public hearing, reviews and determination of findings pursuant to the appeals procedure outlined in § 15.18.
C.
Existing uses. Any use located in a district wherein such use is
classified as a special use and which existed prior to August 31,
1982, is declared to be a conforming special use.
D.
Changes and amendments; application required. No permit for expansion, alteration in the arrangement, change in use, or in any condition or restriction imposed on the original special use permit shall be issued until an application for amendment of the special use permit has been filed and considered in accordance with all procedures set forth in § 15.18.
E.
Vacant, abandoned or discontinued special uses. Special uses which
are vacant, abandoned or discontinued for a period exceeding two years
must receive Board of Appeals approval to reinstate their use.
F.
Special exceptions.
(1)
Prohibited uses. The following uses of land are specifically prohibited
except as provided under this section: Sex bookstores, motion picture
devices showing sex movies, and cabarets featuring nude or semi-nude
dancers, strippers, or similar type of entertainment.
(2)
Purpose and intent. It is declared to be the purpose and intent of
this section to protect the public health, safety, welfare and morals
of the community, to promote the stability of property values, and
impose restrictions upon those activities which pander to gross sexuality
in a manner that would detract from the neighborhood, adversely affect
the property values, increase crime and violence, and be repugnant
to the morals of the community. In recognition of the protection afforded
to the citizens under the First and Fourteenth Amendments, it is not
the intent of this section to inhibit freedom of speech or the press,
but rather to deter those of low morals from imposing their lack of
morals upon the rest of the community; and further recognizing that
those parts of a community, which become centers of loose moral conduct,
frequently become places of rowdiness, criminality, and indecent behavior.
It is further the belief that just as advertising is designed to stimulate
one's appetite for desiring goods or a service, an overabundance of
and preoccupation with sexual displays or material arouses the appetites
of those so preoccupies and encourages violations of the criminal
statutes involving sexual offenses and is contrary to the health,
safety and welfare of the community.
(3)
(4)
Book sales. No person, firm, or corporation shall establish any bookstore
or book department of a store in which a substantial or significant
portion of its stock in trade is in books, magazines and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" as defined in § 15.19B(3)
except as provided in § 15.19B(7).
(5)
Movies. No person, firm, or corporation shall offer for viewing through
motion picture devices any movie or other form of display which has
significant displays of specified sexual activities, or specified
anatomical areas, except as provided in § 15.19B(7).
(6)
Cabarets. No person, firm, or corporation shall feature or permit
topless dancers, bottomless dancers, exotic dancers, strippers or
persons engaged in specified sexual activities or similar entertainers,
except as otherwise provided in § 15.19B(7).
(7)
Exceptions.
(a)
Such use or uses as prohibited in this section may be waived,
provided that such building is not located within 500 feet of any
residential dwelling, room unit, school, hospital, church, or stores
which may be frequented by children under the age of 18. This prohibition
may be waived if the person applying for the waiver files with the
Common Council a petition of the proposed regulated use signed by
51% of the persons owning, residing, or doing business within a radius
of 500 feet of the location of the proposed use. The petitioner shall
attempt to contract all eligible locations within this radius, and
must maintain a list of all addresses at which no contact was made.
A minimum of 100 responses is required. In the event that the 500
feet radius is not sufficiently populated to provide 100 residences
and/or business places eligible to respond, the radius will be increased
in increments of 100 feet until there is an area large enough to contain
100 eligible residences and/or business places. In addition to these
conditions, such use shall be subject to final approval by the Zoning
Board of Appeals in the same respect as a special use permit.
(b)
Any person dissatisfied with the action of the Zoning Board
of Appeals under this section may appeal the decision to the Common
Council for quasijudicial capacity, at which hearing parties may present
evidence, cross examine witnesses, and in other ways be afforded the
rights of due process. Appeal from the Common Council decision in
its quasijudicial capacity shall be to the Circuit Court of Milwaukee
County.
A.
Before commencing with the execution of any work pertaining to the
erection, construction, alteration or addition to any building, a
building permit shall be secured from the Building Inspector by the
owner or his agent, and it shall be unlawful to commence such work
unless such permit shall have been obtained and the provisions of
the building, health, or other ordinances or regulations of the City
of South Milwaukee affecting the premises shall have been complied
with.
B.
Certificate of occupancy.
(1)
No vacant land shall be occupied or used and no building hereafter
erected or altered shall be occupied or used until a certificate of
occupancy shall have been issued by the Building Inspector.
(2)
Under such rules and regulations as may be established by the Common
Council, the Building Inspector may issue a temporary certificate
of occupancy for part of a building.
(3)
Upon written request from the owner, the Building Inspector shall
issue a certificate of occupancy for any building or premises existing
at the time of the passage of this ordinance, certifying after inspection,
the extent and kind of use made of the building or premises and whether
or not such use conforms to the provisions of this ordinance.
C.
Application for permit.
(1)
Application for a permit to build or certificate of occupancy shall
be made in writing by he owner or his agent upon blank forms furnished
by the Building Inspector.
(2)
All applications for a building permit shall be accompanied by a
plat of survey, in duplicate, drawn to scale, showing the lot, existing
structures, the proposed location and elevation of the building or
buildings on the lot, accurate dimensions of building and lot, the
location of the center line or lines of adjoining street or streets,
the existing and intended use of each building or part of a building,
the number of families the building is intended to accommodate, and
such other information as may be necessary to provide for the enforcement
of this ordinance. The survey plat shall also show the existing property
corner and building corner elevations, plus all elevations of buildings
on the lot or adjoining lots when accompanying an application for
interior remodeling, or for an accessory building, the plat of survey
shall be certified by a registered surveyor. The lot corners and proposed
building corners shall be staked on the ground before construction
is begun. Like information shall be presented on aid drawing showing
the location and use of the building, if any, on adjoining lots, within
40 feet of the side lot line.
(3)
The application shall state the name and address of the owner of
the building to be erected; the name and address of the owner of the
premises; the name and address of the architect or professional engineer
and the name and address of the contractor; a description of the land
by lot, block, name of the subdivision or the metes and bounds description,
and the street upon which said site is located; the size and kind
of building; the intended use of the building or site; the zone within
which said lot lies; the value of the proposed building, and such
other information as is necessary to provide for the enforcement of
this ordinance.
D.
The Building Inspector shall, within a reasonable time, investigate
each application, and if it complies with the City Ordinances and
with the rules prescribed, the permit or the certificate of occupancy
shall be granted.
E.
If the Building Inspector shall find at any time that this ordinance
is not being complied with, he shall revoke the permit by written
notice posted on the building site or on the premises. When such permit
is revoked, it shall be unlawful to do any further work upon such
building or use said premises until the permit or the certificate
of occupancy is reissued, excepting such work as the Building Inspector
shall order is to be done as a condition precedent to the reissuance
of the permit or certificate of occupancy.
A.
The Common Council of the City of South Milwaukee may from time to
time amend, supplement, or change by ordinance the boundaries of zones
or the regulations herein established. Any proposed changes shall
first be submitted to the City Plan Commission for its recommendation
and report.
B.
Any amendment, supplement, or change may be proposed by petition
of any interested landowner or may be initiated directly by the Common
Council of the City of South Milwaukee.
C.
In case a protest against a proposed amendment, supplement, or change
is presented, duly signed and acknowledged by the owners of 20% or
more of the frontage proposed to be altered, or by the owners of at
least 20% of the frontage immediately in the rear thereof, or by the
owners of at least 20% of the frontage directly opposite the frontage
proposed to be altered, such amendment shall not be passed except
by a 3/4 vote of the Common Council.
A.
The provisions of this ordinance shall be enforced by or under the
direction of the City Building Inspector, who in person or by duly
authorized agent, shall have the right to enter upon any premises
affected by this section reasonable hours for the purpose of inspection.
B.
Any person, firm, company or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this ordinance shall, upon conviction,
forfeit not less than $1 nor more than $200 for each offense, together
with the costs of prosecution, and in default of payment of such forfeiture
and costs of prosecution, shall be imprisoned in the House of Correction
or County Jail of Milwaukee County until such forfeiture and costs
are paid, but not to exceed 60 days for each violation. Each day that
a violation continues to exist shall constitute a separate offense.
In addition to the penalty above provided, any such person, firm,
company or corporation shall, upon conviction, comply with the provisions
of this ordinance. Upon failure to so comply, such person, firm, company
or corporation shall be subject to appropriate action, initiated by
the City Attorney or Building Inspector, to prevent, enjoin, abate,
or remove such violation under the laws of the State of Wisconsin
in such cases made and provided.
C.
In any such action, the fact that a permit shall have been issued
by any officer, board or department of the City of South Milwaukee
shall not constitute a defense, nor shall an error, oversight or dereliction
of duty on the part of any public official, body or department constitute
a defense.
Should any section, clause or provision of this ordinance be
declared by the courts to be invalid, the same shall not affect the
validity of the ordinance as a whole or any part thereof other than
the part so declared to be invalid.
All ordinances or parts of ordinances in any manner conflicting
with the terms of this ordinance are repealed to the extent of such
conflict.
This ordinance shall take effect and be in force from and after
its passage and publication.
[Added 4-7-1993 by Ord.
No. 1534]
A.
Purpose and intent. It is hereby declared a matter of public policy
that the protection, enhancement, perpetuation and use of improvements
or sites of special character or special architectural or historic
interest or value is a public necessity and is required in the interest
of the health, prosperity, safety and welfare of the people. The purpose
of this section is to:
(1)
Effect and accomplish the protection, enhancement, and perpetuation
of such improvements, sites and districts which represent or reflect
elements of the City's cultural, social, economic, political and architectural
history.
(2)
Safeguard the City's historic and cultural heritage, as embodied
and reflected in such historic structures, sites and districts.
(3)
Foster civic pride in the notable accomplishments of the past.
(4)
Stabilize and improve property values.
(5)
Protect and enhance the City's attractions to residents, tourists
and visitors, and serve as a support and stimulus to business and
industry.
(6)
Improve and enhance the visual and aesthetic character of the City.
(7)
Educate the public regarding the need and desirability of a City
historic preservation program and its enhancement of the quality of
life.
B.
CERTIFICATE OF APPROPRIATENESS
COMMISSION
HISTORIC DISTRICT
HISTORIC SITE
HISTORIC STRUCTURE
IMPROVEMENT
IMPROVEMENT PARCEL
Definitions. The definitions shall be as follows:
The certificate issued by the commission approving alteration,
rehabilitation, construction, reconstruction or demolition of a historic
structure, historic site or any improvement in a historic district.
The Historic Preservation Commission created under this section.
An area designated by the Common Council on recommendation
of the Commission that contains two or more historic improvements
or sites.
Any parcel of land of historic significance due to a substantial
value in tracing the history or prehistory of man, or upon which a
historic event has occurred, and which has been designated as a historic
site under this section, or an improvement parcel, or part thereof,
on which is situated a historic structure and any abutting improvement
parcel, or part thereof, used as and constituting part of the premises
on which the historic structure is situated.
Any improvement which has a special character or special
historic interest or value as part of the development, heritage or
cultural characteristics of the City, state or nation and which has
been designated as a historic structure pursuant to the provisions
of this chapter.
Any building, structure, place, work of art or other object
constituting a physical betterment of real property, or any part of
such betterment, including streets, alleys, sidewalks, curbs, lighting
fixtures, signs and the like.
The unit of property which includes a physical betterment
constituting an improvement and the land embracing the site thereof,
and is treated as a single entity for the purpose of levying real
estate taxes. Provided, however, that the term "improvement parcel"
shall also include any unimproved area of land which is treated as
a single entity for such tax purposes.
C.
Historic Preservation Commission. A Historic Preservation Commission
is hereby created, consisting of seven members. Of the membership,
six shall be citizens and one shall be an alderman. Whenever possible,
of the citizen members, one shall be a historian; one shall be a licensed
real estate broker; and one shall be an architect. Each citizen member
shall have, to the highest extent practicable, a known interest in
historic preservation. The Mayor shall appoint the citizen Commissioners
subject to confirmation by Common Council. The Common Council President
shall appoint the Alderman member. Of the initial citizen members
so appointed, two shall serve a term of one year, two shall serve
a term of two years, and two shall serve a term of three years. Thereafter,
the term for each member shall be three years.
[Amended 6-5-2007 by Ord.
No. 1942]
D.
Historic structure, historic site and historic district designation
criteria.
(1)
For purposes of this ordinance, a historic structure, historic site,
or historic district designation may be placed on any site, natural
or improved, including any building, improvement or structure located
thereon, or any area of particular historic, architectural, archeological
or cultural significance to the City such as historic structures,
sites, or districts which:
(a)
Exemplify or reflect the broad cultural, political, economic
or social history of the nation, state or community; or
(b)
Are identified with historic personages or with important events
in national, state or local history; or
(c)
Embody the distinguishing characteristics of an architectural
type or specimen inherently valuable for a study of a period, style,
method of construction, or of indigenous materials or craftsmanship;
or
(d)
Are representative of the notable work of a master builder,
designer or architect who influenced his age; or
(e)
Have yielded, or may be likely to yield, information important
to prehistory or history.
(2)
The Commission shall adopt specific operating guidelines for historic
structure, historic site and historic district designation providing
such are in conformance with the provisions of this ordinance.
E.
Powers and duties.
(1)
Designation. The Commission shall pursuant to subsection (6) hereof recommend the designation of historic structures and historic sites and historic districts within the City limits. Such recommendations shall be made based on the criteria established in this § 15.30. A recommendation to designate historic structures, sites and districts may be approved or rejected by the Common Council. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this chapter.
[Amended 6-5-2007 by Ord.
No. 1942]
(2)
Regulation of construction, reconstruction, alteration and demolition.
(a)
No owner or person in charge of a historic structure, historic
site or structure within a historic district shall reconstruct, alter
or demolish all or any part of the exterior of such property or construct
any improvement upon such designated property or properties or cause
or permit any such work to be performed upon such property or demolish
such property unless a Certificate of Appropriateness has been granted
by the Historic Preservation Commission. Also, unless such certificate
has been granted by the Commission, the Building Inspector shall not
issue a permit for any such work.
(b)
Upon filing of any application for a Certificate of Appropriateness
with the Commission, the Commission shall approve the application
unless:
[1]
In the case of a designated historic structure or historic site,
the proposed work would detrimentally change, destroy or adversely
affect any exterior feature of the improvement or site upon which
said work is to be done;
[2]
In the case of the construction of a new improvement upon a
historic site, or within a historic district, the exterior of such
improvement would adversely affect or not harmonize with the external
appearance of other neighboring improvements on such site or within
the district;
[3]
In the case of any property located in a historic district,
the proposed construction, reconstruction, exterior alteration or
demolition does not conform to the purpose and intent of this chapter
and to the objectives and design criteria of the historic preservation
plan for said district;
[4]
The building or structure is of such architectural or historical
significance that its demolition would be detrimental to the public
interest and contrary to the general welfare of the people of the
City and state;
[5]
The building or structure is of such old and unusual or uncommon
design, texture, and/or material that it could not be reproduced without
great difficulty and/or expense;
[6]
In the case of a request for a demolition permit, the denial
of the demolition permit would result in the loss of all reasonable
and beneficial use of or return from the property; or
[7]
In the case of a request for the demolition of a deteriorated
building or structure, any economic hardship or difficulty claimed
by the owner is self-created or is the result of any failure to maintain
the property in good repair.
(c)
If the Commission determines that the application for a Certificate
of Appropriateness and the proposed changes are consistent with the
character and features of the property or district, it shall issue
the Certificate of Appropriateness. The commission shall make this
decision within 45 days of the filing of the application.
(d)
The issuance of a Certificate of Appropriateness shall not relieve
the applicant from obtaining other permits and approvals required
by the City. A building permit or other municipal permit shall be
invalid if it is obtained without the presentation of the Certificate
of Appropriateness required for the proposed work.
(e)
Compliance with Certificates of Appropriateness shall be started
within 12 months after the issuance of the certificate, and the work
shall conform to the provisions of the certificate. Failure to comply
with a Certificate of Appropriateness or failure to obtain a Certificate
of Appropriateness shall be a violation of this section. In addition
to other penalties and remedies, the City shall issue a stop work
order, and all work shall cease on the designated property.
(f)
Ordinary maintenance and repairs may be undertaken without a
Certificate of Appropriateness provided that the work involves repairs
to existing features of a historic structure or site or the replacement
of elements of a structure with pieces identical in appearance and
provided that the work does not change the exterior appearance of
the structure or site and does not require the issuance of a building
permit.
(3)
Appeals. Should the Commission fail to issue a Certificate of Appropriateness
due to the failure of the proposal to conform to the guidelines, the
applicant may appeal such decision to the Common Council within 30
days. In addition, if the Commission fails to issue a Certificate
of Appropriateness, the Commission shall, with the cooperation of
the applicant, work with the applicant in an attempt to obtain a Certificate
of Appropriateness within the guidelines of this ordinance.
(4)
Recognition of historic structures, sites and districts. At such
time as a historic structure, site or district has been properly designated,
the commission may cause to be prepared and erected on such property
at City expense, a suitable plaque declaring that such property is
a historic structure, site or district. Such plaque shall be so placed
as to be easily visible to passing pedestrians.
F.
Procedures.
(1)
Designation of historic structures, historic sites and historic districts.
(a)
After application of the criteria in Subsection D above and after notice and public hearing, the Commission may recommend to the Common Council the designation of historic structures, historic sites and historic districts, or may recommend the Common Council rescind such designation. At least 10 days prior to such hearing, the Commission shall notify the owners of record, as listed in the office of the City Assessor, who are owners of property in whole or in part proposed to be designated as historic structures or sites and the owners of property in whole or in part situated within 200 feet of the boundaries of the property affected or within the boundaries of the proposed historic district. These owners shall have the right to confer with the Commission prior to final recommendation by the Commission on the designation. Notice of such hearing shall also be published as Class I Notice, under the Wisconsin Statutes. The Commission shall also notify the following: Common Council, Fire and Police Departments, Health Department, Building Inspector, Plan Commission and the Community Development Authority. Each such Department/Commission may respond to the Commission with its comments on the proposed designation or rescission. In any recommendation to the Common Council, the Commission shall note any known objections to the proposed designation.
[Amended 6-5-2007 by Ord.
No. 1942]
(b)
The Commission shall conduct the public hearing and, in addition
to the notified persons, may hear expert witnesses. The Commission
may conduct an independent investigation into the proposed designation
or rescission. Following the public hearing, the Historic Preservation
Commission shall vote to recommend, reject or withhold action on the
plan. This recommendation shall be forwarded to the City Plan Commission
and the Common Council. After the designation or rescission has been
made, notification shall be sent to the property owner or owners.
Notification shall also be given to the City Clerk, Building Inspector,
Plan Commission, and the City Assessor. The Common Council shall cause
the designation or rescission to be recorded in the County Register
of Deeds office.
[Amended 6-5-2007 by Ord.
No. 1942]
(2)
Creation of Historic District.
(a)
For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within the City to be designated as Historic Districts and shall, with the assistance of the City Engineer, prepare a historic preservation plan for each area. A Historic District may be designated for any geographic area of particular historic, architectural or cultural significance to the City, after application of the criteria in Subsection D above. Each historic preservation plan prepared for or by the Historic Preservation Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives.
(b)
Review and adoption procedure.
[1]
Historic Preservation Commission. The Historic Preservation
Commission shall hold a public hearing when considering the plan for
a Historic District. Notice of the time, place and purpose of such
hearing shall be given by publication as a Class 1 Notice under the
Wisconsin Statutes in the official City paper. Notice of the time,
place and purpose of the public hearing shall also be sent by the
City Clerk to the Alderman of the Aldermanic District or Districts
in which the Historic District is located, and the owners of record,
as listed in the office of the City Assessor, who are owners of the
property within the proposed Historic District or are situated in
whole or in part within 200 feet of the boundaries of the proposed
Historic District. Said notice is to be sent at least 10 days prior
to the date of the public hearing. Following the public hearing, the
Historic Preservation Commission shall vote to recommend, reject or
withhold action on the plan.
[2]
The Common Council. The Common Council, upon receipt of the
recommendations from the Historic Preservation Commission shall hold
a public hearing, notice to be given as noted in subparagraph a. above
and shall following the public hearing either designate or reject
the Historic District. Designation of the Historic District shall
constitute adoption of the plan prepared for that district and direct
the implementation of said plan.
G.
Interim control. No building permit shall be issued by the Building
Inspector for alteration, construction, demolition, or removal of
a nominated historic structure, historic site, or any property or
structure within a nominated historic district from the date of the
meeting of the Historic Preservation Commission at which a nomination
form is first presented until the final disposition of the nomination
by the Historic Preservation Commission or the Common Council unless
such alteration, removal or demolition is authorized by formal resolution
of the Common Council as necessary for public health, welfare or safety.
In no event shall the delay be for more than 180 days.
H.
Conformance with regulations. Every person in charge of a historic
structure, historic site or improvement in a Historic District shall
maintain same or cause or permit it to be maintained in a condition
consistent with the provisions of this ordinance. The Common Council
may appoint the Building Inspector or any other individual or group
of individuals to enforce this ordinance.
I.
Penalties for violations. Any person or persons violating any provision
of this section shall be fined $200 for each separate violation. Each
and every day during which a violation continues shall be deemed to
be a separate offense. Notice of violations shall be issued by the
Building Inspector.
J.
Emergency conditions. In any case where the Building Inspector determines
that there are emergency conditions dangerous to life, health or property
affecting a historic structure, site or a property in a historic district,
the Building Inspector may order the remedying of these conditions
without the approval of the Commission. The Building Inspector shall
promptly notify the commission of the action being taken. When the
emergency conditions do not require demolition, the Building Inspector
shall make every effort to carry out the intent of this ordinance
and to use the design guidelines of the Commission when remedying
the emergency conditions.
K.
Separability. If any provision of this chapter or the application
thereof to any person or circumstances is held invalid, the remainder
of this chapter and the application of such provisions to other persons
or circumstances shall not be affected thereby.
[Added 9-18-2007 by Ord.
No. 1946]
A.
Purpose and intent. The purpose of the sign regulations of the Ordinance
are to promote the effective use of signs as a means of communication;
to maintain and enhance the aesthetic environment of the City; to
promote pedestrian and vehicular safety and to protect property values
by minimizing the adverse effects of signs.
B.
Severability. If a section, subsection, sentence, clause or phrase
of this code is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this code.
C.
ABANDONED SIGN
AWNING
AWNING SIGN
BACK-LIT AWNING
BANNER
BILLBOARD
CANOPY
CANOPY SIGNS
CENTRAL BUSINESS DISTRICT
CHANGEABLE SIGN
COPY
DEVELOPMENT COMPLEX SIGN
DIRECTIONAL SIGN
DOUBLE-FACED SIGN
EXTERIOR SIGN
FREESTANDING SIGN
FRONTAGE (BUILDING)
FRONTAGE (PROPERTY)
ILLUMINATED SIGN
MARQUEE
MARQUEE SIGN
MENU BOARD
MONUMENT
MULTIPLE-FACED SIGN
ON-PREMISE SIGN
POLE SIGN
POST AND PANEL
PROJECTING SIGN
PYLON SIGN
ROOF SIGN
SANDWICH BOARD
SIGN
SIGN AREA
SIGN COPY
SIGN FACE
TEMPORARY SIGN
WALL OR FASCIA SIGN
WINDOW SIGN
Definitions and specifications.
A sign structure that is no longer being used for the display
of sign copy, or is advertising a business or establishment that is
no longer in operation.
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or non-rigid materials and/or fabric on a supporting framework
that may be either permanent or retractable, including such structures
that are internally illuminated by fluorescent or other light sources.
Awnings made of vinyl and plastic are prohibited.
A sign displayed on or attached flat against the surface
or surfaces of an awning. The copy of awning signs shall not exceed
an area equal to 25% of the background area of the awning.
An awning with a translucent covering material and a source
of illumination contained within its framework.
A sign utilizing a flexible material such as plastic or cloth
as its display surface.
A sign which advertises goods, products or facilities not
necessarily on the premises where the sign is located.
A multi-sided overhead structure supported by columns, but
not enclosed by walls.
Signs affixed to the fascia or soffit of a canopy. The copy
of canopy signs shall not exceed an area equal to 25% of the background
area of the canopy wall.
For the purpose of this code section the central business
district shall be defined as all parcels zoned C-3 Central Business
District.
A sign with the capability of content change by means of
manual or remote input, including signs which are:
|
a)
|
Manually activated. Changeable sign whose message copy or content
can be changed manually.
| |
|
b)
|
Electrically activated. Changeable sign whose message copy or
content can be changed by means of remote electrically energized on-off
switching combinations of alphabetic or pictographic components arranged
on a display surface.
|
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content of message of a sign, excluding numerals
identifying a street address only.
Sign identifying a multiple-occupancy development, such as
a shopping center or planned industrial park, which is controlled
by a single owner or landlord.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
A sign with two faces, back to back. For the purposes of
calculating sign area, double-faced signs shall be calculated as one
sign face.
Any sign placed outside a building.
A sign supported by a structure, pole, or column placed on
the ground and not supported by a building.
The length on an exterior building wall or structure of a
single premise oriented to the public way or other properties that
it faces.
The length of the property line(s) of any single premise
along either a public way or other properties on which it borders.
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally illuminated); or reflecting
off its surface(s) (externally illuminated).
A marquee is a permanent structure projecting beyond a building
designed to provide protection from the weather.
A sign attached to a marquee.
A freestanding sign oriented to the drive-through lane for
a restaurant that advertises the menu items available from the drive-through
window.
A sign, mounted directly to the ground or pavement.
A sign containing three or more faces.
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of, the property on which
it is displayed.
A sign that is affixed, attached or erected on a single pole
that is designed to support and elevate the sign.
A sign consisting of more than one post or support member
with the sign face located between and supported by such members.
A sign other than a wall sign that is attached to or projects
more than 12 inches from a building face or wall or from a structure
whose primary purpose is other than the support of a sign.
A sign that is affixed, attached or erected on a square or
rectangular base that is designed to support and elevate the sign.
A sign mounted on, and supported by, the main roof portion
of a building, or above the uppermost edge of a parapet wall of a
building and which is wholly or partially supported by such a building.
Signs mounted on mansard facades, pent eaves and architectural projections
such as canopies or marquees shall not be considered to be roof signs.
A sign which consists of two panels hinged or attached at
the top or side designed to be moved and stand on the ground.
A communication device, structure or fixture that incorporates
graphics, symbols, trademarks, trade names, letters, or numerals which
is created or designed to promote the sale of a product, commodity
or service or to provide direction or identification to a premise
or facility. Religious displays or holiday decorations are not considered
signs.
The area of the smallest geometric figure, or the sum of
the combination of regular geometric figures, which comprise the sign
face.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, exclusive of
numerals identifying a street address only.
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, nonstructural or decorative
trim, or any areas that are separated from the background surface
upon which the sign copy is displayed by a distinct delineation, such
as a reveal or border.
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, are considered temporary signs.
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects not more than 12 inches
from the building or structure wall, including signs affixed to architectural
projections from a building provided the copy area of such signs remains
on a parallel plane to the face of the building facade or to the face
or faces of the architectural projection to which it is affixed. No
sign shall extend wider or higher than existing building line.
A sign affixed to or adjacent to the surface of a window
with its message intended to be visible to and readable from the public
way or from adjacent property.
D.
Permits. Signs in excess of the physical limits or placement restrictions
herein specifically allowed are permitted only after receipt of a
permit from the Building Inspector.
(1)
Submittal requirements. Permit application requirements shall be
determined by the Building Inspector and shall include:
(a)
Name, address, and telephone number of the applicant.
(b)
Location of building, structure, or lot upon which the sign
is to be attached or erected.
(c)
Name or person, firm, corporation, or association erecting the
sign.
(d)
A site plan showing the location and the position of such sign
in relation to nearby buildings, public streets and City right-of-way.
(e)
A color copy of the sign indicating dimensions, material type,
type of illumination, and method of construction and attachment.
(f)
Additional information as required by Building Inspector.
(2)
Fees. Sign Permit fees shall be non-refundable and paid in accordance
with Common Council Administrative Fee Schedule.
(3)
Special exception. A special exception may be granted by the Plan
Commission from the provisions of this chapter if it is determined
that certain site or building characteristics or physical characteristics
of the sign due to its unique design render compliance with the provisions
of this chapter unreasonable.
E.
General provisions.
(1)
Signs in right-of-way. No sign other than an official traffic sign or a sign approved under Subsection H shall be erected closer than two feet of the face of curb.
(2)
Projections over public ways. Signs projecting over public walkways
shall be permitted to do so only subject to the projection and clearance
limits either defined herein or, if not so defined, at a minimum height
of 10 feet from grade level to the bottom of the sign. Signs, architectural
projections or sign structures projecting over vehicular access areas
must conform to the minimum height of 15 feet. The furthermost part
of a projecting sign shall be at least 24 inches from the street curb.
(3)
Traffic visibility. No sign or sign structure shall be erected at
the intersection of any street in such a manner as to obstruct free
and clear vision, nor at any location where by its position, shape
or color it may interfere with or obstruct the view of or be confused
with any authorized traffic sign, signal or device.
(4)
Computation of frontage. If a premise contains walls facing more
than one property line or encompasses property frontage bounded by
more than one street or other property usages, the sign area(s) for
each building wall or property frontage will be computed separately
for each building wall or property line facing a different frontage.
The sign area(s) thus calculated shall be permitted to then be applied
to permitted signs placed on each separate wall or property line frontage.
(5)
Maintenance, repair and removal. Every sign permitted by this ordinance
shall be kept in good condition and repair. When any sign becomes
insecure, in danger of falling or is otherwise deemed unsafe by the
code official, or if any sign shall be unlawfully installed, erected
or maintained in violation of any of the provisions of this ordinance,
the owner thereof or the person or firm using same shall, upon written
notice by the code official forthwith in the case of immediate danger,
and in any case within not more than 10 days, make such sign conform
to the provisions of this ordinance, or shall remove it. If within
10 days the order is not complied with, the code official shall be
permitted to remove or cause such sign to be removed at the expense
of the owner and/or the user of the sign.
(6)
Obsolete sign copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy removed within six months of discontinuing such use on the property and removed within 30 days after written notification from the municipal code official unless a Special Exception is granted pursuant to Subsection D(3). Upon failure to comply with such notice, the code official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.
(7)
Existing nonconforming signs.
(a)
The lawful use of a permanent sign existing at the time of the
adoption of this ordinance may be continued in non-conformance with
the requirements of this ordinance, except that the nonconforming
sign shall not be enlarged, altered, modified, improved or rebuilt.
A nonconforming sign may be repaired to the extent necessary to maintain
it in a safe condition and neat and orderly appearance. A change in
the advertising message on a billboard or electronic message board
shall not constitute an alteration or modification of the sign provided
no other modifications are made.
(b)
No structural repair or change in shape, size or design shall
be permitted except to make a non-conforming sign comply with all
requirements of this ordinance or to render the sign structurally
sound. Routine maintenance and changing of copy shall be permitted
as long as such maintenance or changing of copy does not result in
or change the shape, size, or design.
(8)
Sign height. Height shall be measured for the grade adjacent to the
sign.
(9)
Construction. Signs shall be constructed to withstand a 40 lb. wind
load.
(10)
Illumination. Whenever an external artificial light source is
used for a sign, such source shall be located, shielded, and directed
so as not to be directly visible from any public street or private
residence. No receptacle or devise housing a permitted light source
for a sign shall protrude more than 18 inches from the face of the
sign or building to which it is attached. Any illuminated sign located
on a lot abutting or across a street from, and visible from, any residentially
zoned area shall not be illuminated between the hours of 10:00 p.m.
and 7:00 a.m. except that such sign may remain illuminated during
such time as the activity to which the sign pertains is open for business
so long as such sign is not a public or private nuisance.
(11)
Landscaping. A landscape island shall be required for all freestanding
signs. The landscaped area shall be no less than 32 square feet and
shall have a border formed by stone, brick, landscape timber or any
other material approved by the building inspector. The landscape island
shall be maintained on an annual basis.
F.
Allowed signs. The following signs shall be exempt from Subsection D requiring a sign permit, but shall be subject to all other applicable provisions of this code in addition to the conditions listed below.
(1)
Permanent signs.
(a)
Address numbers. Address numbers and residential name plates
provided they are no more than one square foot in area.
(c)
Official signs. Signs including street signs, parking signs,
legal notices or any other sign erected by City, county or state government
on lands owned by the City of South Milwaukee or upon City right-of-way.
(d)
Directional signs. Signs displaying directional information
on non-residential property provided they are no more than three square
feet in area.
(2)
Temporary signs. The following sign types shall be considered temporary and allowed except where prohibited in Subsection G. Illumination, animation or mechanical activity of these signs is not permitted.
(b)
Real estate. Real Estate signs promoting a sale or lease of
land or property provided:
(c)
Construction and development. Signs promoting the construction
or development of a project including but not limited to buildings,
subdivisions, businesses provided:
(d)
Political. Freestanding Political Signs as regulated per Wis.
Stats. § 12.04, provided sign is not located in the City
right-of-way.
(e)
Promotional signs. Temporary signs displayed to advertise special
promotions, events, sales or grand openings, including mini air balloons,
streamers, pennants, banners, window painting, hand-lettered or hand-drawn
signs are allowed provided:
[1]
Such signs shall not be displayed for more than 30 consecutive
days and shall be kept in good condition at all times.
[2]
Promotional window signs combined with permanent window signage
shall be limited to 50% of window area.
[3]
Signs shall be removed not more than five days after the advertised
event.
[4]
Maximum size of any sign is 32 square feet.
[5]
Signs are not located in the City right-of-way unless approved
by the municipal official.
(f)
Sandwich boards. Sandwich boards as defined in Subsection C provided:
[1]
Sign is no more than six square feet, excluding supports, and
no more than two feet wide.
[2]
Sign is only displayed during hours of operation.
[3]
Sign does not interfere with pedestrian movement as determined
solely by the municipal official.
[4]
Sign is placed as near as possible to the front or back of a
parking stall where stalls are identified on pavement.
[5]
Sign is not hand drawn or lettered except where specials may
be displayed on a temporary surface.
(3)
Mobile signs. A mobile sign is one that is not affixed to a permanent
foundation or attached to a building that advertises products or sales
on premise provided:
G.
Signs prohibited in all districts.
(1)
Roof signs.
(2)
Billboards.
(3)
Pole signs.
(4)
Signs resembling traffic signs or signals or that otherwise interfere
with traffic.
(5)
Signs with obscene messages.
(6)
Signs erected or attached by nailing, fastening or affixing the sign
in any manner to trees, shrubs, posts, utility poles, natural features,
official street signs, or traffic control signs.
(7)
Signs which, in the judgment of the Building Inspector, pose a a
traffic danger by virtue of flashing, blinking or animation.
(8)
Revolving, rotating or otherwise moving signs.
(9)
Signs that are attached to a vehicle and which are located in the
public way, obstruct the driver's vision or pose a traffic danger.
H.
Signs in public right-of-way. No sign shall be erected on lands owned
by the City of South Milwaukee or in the public right-of-way without
approval of the Common Council, except as otherwise allowed herein.
I.
Residential district regulations. The following sign requirements
pertain to all residential districts and residential uses in non-residential
districts.
(1)
Home occupation. Signs used to advertise a home occupation shall
not exceed three square feet. Sign must be attached to the primary
dwelling and shall not be illuminated.
(2)
Multi-unit developments. Developments including subdivisions, apartment
complexes, condominium complexes shall provide one monument sign per
street frontage no greater than 32 square feet in area and no taller
than eight feet in height. Sign shall be located a minimum of five
feet from any lot line. Where possible, sign shall incorporate building
materials into the sign structure. Sign shall not be internally illuminated.
(3)
Other signs. Signs not to exceed three feet square or a total of
a multiple of signs in excess of three feet square.
J.
Commercial and Industrial District regulations. Signs in all commercial
and industrial districts except the Central Business District shall
be regulated by the following provisions:
(1)
Total sign square footage permitted for each commercial or industrial site shall be one square foot per lineal foot of parcel frontage. Frontage shall be defined per Subsection C.
(2)
The total number of signs for each parcel shall not exceed two, except
as follows:
(a)
A parcel with over 150 feet of lineal frontage may have a third
sign provided the total permitted sign area is not exceeded.
(b)
Price signs for gasoline stations are exempt from the total
sign square footage limitation, but shall be limited to 24 square
feet in area and shall be limited to one sign per street front.
(c)
Each non-residential occupant which has a separate entrance
shall be allowed a minimum of one sign.
(3)
Permitted signs by type.
(a)
Freestanding signs. Freestanding signs including but not limited
to pylon signs, monument signs, post and panel signs shall be permitted
provided:
[1]
Freestanding signs shall be permitted on every parcel that has
no fewer than four parking spaces.
[2]
The sign shall be located no closer than 10 feet from a property
line.
[3]
The maximum area for a freestanding sign is 75 square feet.
[4]
The maximum height for a freestanding sign shall be 15 feet.
K.
Central Business District regulations. Signs in the Central Business
District shall be regulated by the following provisions:
(1)
Total sign square footage permitted for each commercial site shall be 1.5 square foot per lineal foot of parcel frontage. Frontage shall be defined per Subsection C.
(2)
The total number of signs for each parcel shall not exceed two, except
as follows:
(a)
Each non-residential occupant which has a separate entrance
shall be allowed a minimum of one sign.
(b)
Price signs for gasoline stations are exempt from the total
sign square footage limitation, but shall be limited to 24 square
feet in area and shall be limited to one sign per street front.
(c)
Each occupant that has a rear entrance open to the public shall
be entitled to one wall sign not to exceed five square feet.
(d)
Each business which fronts more than one street shall be allowed
one sign in addition to those permitted in this section.
(3)
Permitted signs by type.
(a)
Freestanding signs. Freestanding signs including but not limited
to canopy signs, pylon signs, monument signs, post and panel signs
shall be permitted provided:
[1]
Freestanding signs shall be permitted on every parcel that has
no fewer than four parking spaces.
[2]
The sign shall be located no closer than five feet from a property
line.
[3]
The maximum area for a freestanding sign is 50 square feet.
[4]
The maximum height for a freestanding sign shall be 15 feet.
(b)
On building signs. On building signs including but not limited
to wall signs, projecting signs, awning signs shall be permitted provided:
L.
Development complexes. All single owner controlled multiple occupancy
development complexes on parcels exceeding one acre in size, such
as shopping centers or industrial parks shall submit a master sign
plan prior to the issuance of a new sign permit. The plan shall establish
standards and criteria for all signs in the complex and shall provide
the following information:
(1)
Proposed sign locations.
(2)
Materials.
(3)
Type of Illumination.
(4)
Design of freestanding structure.
(5)
Size.
(6)
Quantity.
(7)
All future sign permit applications shall conform to the master sign
plan.
(8)
Every multiple occupancy development shall be entitled to one freestanding
sign per street front for identification of the development complex.
No business identification shall be permitted on the development complex
sign. Sign must not exceed 25 feet in height.
M.
Enforcement and penalties.
(1)
Any person, firm, company or corporation who fails to comply with
the provisions of this ordinance shall be subject to appropriate action,
initiated by the City attorney or building inspector, to prevent,
enjoin, abate, or remove such violation.
(2)
In any such action, the fact that a permit shall have been issued
by any officer, board, or department of the City of South Milwaukee
shall not constitute a defense, nor shall an error, oversight or dereliction
of duty on the part of any public official, body or department constitute
a defense.
(3)
In addition, any person, firm, company or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this ordinance shall be
subject to prosecution of Municipal Court for such violation. Upon
conviction, the forfeiture shall be not less than $25 nor more than
$200 per day for each offense, together with the costs of prosecution.
Each day that a violation continues to exist shall constitute a separate
offense.
A.
Purpose and intent. The B Public Buildings Zone is intended to eliminate
the ambiguity of maintaining, in unrelated use districts, areas which
are under public or public-related ownership and where the use for
public purposes anticipated to be permanent.
B.
Uses permitted. In the B Public Buildings Zone, no building, structure,
or premises shall be used and no building or structure shall hereafter
be erected or structurally altered unless otherwise provided for in
this ordinance, except for one or more of the following uses:
C.
Accessory uses. The following uses pay be permitted in a B Public
Buildings Zone, but not until the principal structure is present or
under construction:
(1)
Garages for storage of vehicles used in conjunction with the operation
of a permitted use.
D.
Conditional uses. The following uses may be permitted in the B Public Buildings Zone by Conditional Use Permit pursuant to § 15.16:
(1)
Central composting site and related operations, such as wood shaving
or brush collection sites.
(2)
Parks and playgrounds.
(3)
Playfields or athletic fields.
(4)
Skate parks or bike parks.
(5)
State or Federal offices or services, excluding jails or prisons.
(6)
Marinas, yacht clubs and associated storage.
(7)
Restaurants where ancillary to permitted or conditional use.
(8)
Community gardens or community centers.
(9)
Museums and public art galleries.
(10)
Charter schools.
(11)
Public passenger transportation terminals, such as bus and rail
depots, and heliports.
(12)
Recycling center and/or transfer stations.
(13)
Utility substations, municipal wells, pumping stations, and
towers.
E.
Height. No building or structure shall exceed 35 feet or three stories
in height. Height may increase as part of a special exception permit.
F.
Front yard. There shall be a front yard of 10 feet. Exception: If
lot is abutting another lot with a more restrictive front setback
requirement, the average of the two requirements shall be used.
G.
Side yard. There shall be a side yard of 10 feet. All buildings hereafter
erected or structurally altered shall be set back a minimum of 25
feet from any lot line which adjoins a residential zone.
H.
Rear yard. There shall be a rear yard having a minimum depth of 20
feet.
I.
Lot area. No minimum lot areas shall be required, except as is deemed
necessary by the Plan Commission for lots less than 30 feet in width.
J.
Building size. No minimum building size shall be required, except
as may be deemed necessary by the Plan Commission.
A.
Purpose and intent. The P Park Zone is intended to provide for areas
where the open space and recreational needs, both public and private,
of the citizens of the City of South Milwaukee can be met by designation
of natural and improved lands with the intent to be permanent, unless
the use is discontinued or use is amended with recommendation of the
Plan Commission.
B.
Uses permitted. In the P Park Zone, no building, structure, or premises
shall be used and no building or structure shall hereafter be erected
or structurally altered, unless otherwise provided for in this ordinance,
except for one or more of the following uses:
(1)
Botanical gardens and arboretums.
(2)
Hiking, biking, and nature trails.
(3)
Historic monuments or sites.
(4)
Outdoor skating rinks.
(5)
Park and playgrounds.
(6)
Picnic areas.
(7)
Playfields or athletic fields.
(8)
Non-motorized winter sports.
(9)
Swimming beaches.
(10)
Swimming pools.
(11)
Tennis courts.
C.
Accessory uses. The following uses may be permitted in the P Park
Zone, but not until the principal structure is present or under construction:
(1)
Service buildings and facilities normally accessory to the permitted
uses.
D.
Conditional uses. The following uses may be permitted in the P Park Zone by Conditional Use Permit issued pursuant to § 15.16:
(1)
Archery ranges.
(2)
Bathhouses.
(3)
Neighborhood tot lots.
(4)
Boat mooring and rental.
(5)
Campgrounds.
(6)
Conservatories.
(7)
Driving ranges.
(8)
Athletic fields with lighting.
(9)
Gymnasiums.
(10)
Ice boating facilities.
(11)
Marinas.
(12)
Outdoor theatre.
(13)
Pavilions.
(14)
Restaurants where ancillary to a permitted or conditional use.
(15)
Fishing piers or water front access points.
(16)
Boat launches.
(17)
Golf courses and clubhouses.
(18)
Utility substations, municipal wells, pumping stations, and
towers.
E.
Height. No building or structure shall exceed 35 feet or three stories
in height. Heights may be increased as part of a special exception
permit.
F.
Front yard. There shall be a front yard having a minimum depth of
40 feet.
G.
Side yard. There shall be a side yard on each side of a building.
The minimum side yard setback shall be 20 feet.
H.
Rear yard. There shall be a rear yard having a minimum depth of 20
feet.
I.
Lot area. Uses in the P Park Zone shall provide sufficient lot area
and width for all uses, buildings, and attendant off-street parking
areas.
[Added 11-1-2011 by Ord.
No. 2034; amended 3-21-2017 by Ord. No. 2140; 12-18-2018 by Ord. No. 2185]
A.
The City of South Milwaukee hereby establishes a temporary moratorium
on the development of adult entertainment establishments, or similar
uses, pursuant to the terms described below.
B.
During this moratorium, except as otherwise stated below, the City
of South Milwaukee shall not accept, review, nor approve any occupancy
permit or building permit applications for such uses.
C.
This moratorium shall apply to all applications currently pending
or under review by the City of South Milwaukee and staff as of the
effective date of this section.
D.
This moratorium shall be in effect until such time that the South
Milwaukee Plan Commission and Common Council has had an opportunity
to address changes in zoning regulations and establishment of City-wide
regulations regarding these types of uses, and has either approved
or rejected such items, but not longer than 12 months from the effective
date of this section, unless this moratorium is extended by resolution
of the Common Council prior to 12 months from the effective date.
A.
Purpose and intent. The Purpose of this ordinance is to comply with
Wisconsin Statues and to encourage redevelopment of land or reconstruction
of buildings to be consistent with the design principles of traditional
neighborhood development, including preservation of various neighborhood
characteristics.
B.
Applicability. This ordinance shall apply to all vacant parcels and
existing structures in the C-3 Central Business Zone, where standards
are necessary to protect the original pedestrian oriented architecture.
Standards are necessary to protect, reestablish, and retain the unique
aesthetic character including windows, side and rear parking, minimum
setbacks, and pedestrian oriented design prevalent in the existing
neighborhood oriented commercial district. Permitted uses, conditional
uses, subdivision of land, stormwater management, and wetlands shall
comply with applicable chapters of the zoning code. Any new construction
or remodeling (requiring a building permit) or site work in the C-3
zone shall comply with the provisions of this ordinance, unless otherwise
approved by the Plan Commission. The provisions of this ordinance
can also be applied as an alternative set of standards for redevelopment
of infill development outside of the C-3 zone if a developer and the
Plan Commission agree that the ordinance shall be used.
C.
Design standards and guidelines.
(1)
New construction, reconstruction, or remodeling requiring a building
permit shall be designed to be compatible in size and scale with existing
commercial or institutional structures in the district and be oriented
to the sidewalk, pedestrian and street rather than to a parking lot.
(2)
Storefronts. Properties should retain existing arrangements in regards
to window size and placement, as well as entry orientation. Reduction
or elimination of store windows or closing of business entrances shall
be discouraged.
(3)
Conflicts. The standards contained in this Section shall be in addition to the regulations of the underlying zoning districts. Where the provisions of the Section conflict with those of the underlying zoning district or other provisions of the Zoning Code, the provisions of the Section shall prevail except within historic districts. Within historic districts the development standards established in § 15.30 shall apply.
(4)
Signs. New signage shall be subject to the Sign Ordinance and to
the following guidelines:
(a)
Backlit, plastic box signs shall be discouraged. Externally
illuminated signs of wood or metal are preferred.
(b)
Neon signage is appropriate if properly scaled to the facade
of the business.
(c)
Backlit, translucent awnings shall be prohibited, with preference
given to traditional awnings of canvas, either retractable or stationary.
(d)
Mobile signs shall be prohibited, unless used for a temporary
event.
(5)
Building setbacks. Front setbacks shall be determined according to
the following methods. Buildings on corner lots shall be deemed to
have two frontages and shall comply with the setback requirements
for both front facades.
(a)
The distance between the principal building or structure, or
any portion thereof, and the right of way shall be a maximum distance
of 10 feet.
(b)
There may be a public-private setback zone in front of each
building. This zone allows for up to 50% of the frontage of the building
or structure to be set back from the right of way of the street a
maximum of 15 feet. This additional space between the building or
structure and the right of way shall be surfaced with an impervious
masonry material and utilized for the primary entry, seating, outdoor
eating, public art or similar pedestrian amenity.
(6)
Building standards.
(a)
Building facades facing public streets shall incorporate a main
entrance door on the primary street.
(b)
For commercial uses, at least 6% of the facade facing a public
street, between the height of two feet and 10 feet above the sidewalk
grade shall be window glass, unless otherwise approved. This provision
shall not apply for the conversion of a residential building to a
commercial use.
(c)
Facades which face public streets and exceed 50 feet in horizontal
length, shall include vertical piers or other vertical visual elements
to break the plane of the facade. Such vertical piers or any other
vertical visual elements shall be between 15 feet and 35 feet apart
long the facade. This provision shall not apply for the conversion
of a residential building to a commercial use.
(d)
All roof mounted mechanical equipment shall be screened from
view from 50 feet off all property lines. The design and materials
of mechanical enclosures shall be architecturally integrated with
the rooftop and the balance of the entire building.
(e)
All ground mounted mechanical equipment shall be screened from
view to the height of the equipment.
(7)
Parking.
(a)
Parking and vehicular circulation shall be prohibited in the
setback area. Parking, stacking, and circulation aisles between the
street and the building are also prohibited.
(b)
Parking lots and parking structures shall be located at the
rear or side of the principal building or structure. Where access
to the rear of the property is not available from a public alley or
street, the majority of parking shall be located to the rear of the
principal building with remaining parking located to the side of the
principal buildings.
(c)
The parking setback line shall be a minimum of five feet.
(d)
For any permitted use, the required amount of off street parking
may be reduced by up to 50% by the Board of Appeals in consultation
with the City Engineer. Factors to be considered include, but are
no limited to:
(e)
All sides of any parking lot that fronts public streets shall
be screened using one of the following methods:
[1]
Four-foot high steel tube or solid bar fence at the street right
of way line with or without masonry pier supports, with a minimum
three-foot wide landscaped area on the parking lot side of the fence.
Such landscaped areas shall be planted with ground cover, three-foot
high evergreen shrubs and trees.
[2]
A four-foot high masonry brick wall.
(8)
Drive-thru uses. Drive-thru uses are permitted only in accordance
with the following standards, which are in addition to all sections
of this Chapter.
[Added 6-20-1995 by Ord.
No. 1616]
A.
Statutory authorization, findings of fact, statement of purpose.
(1)
Statutory authorization. This ordinance is adopted pursuant to the
authorization in §§ 62.23 and 62.231, Wis. Stats.
(2)
Finding of fact and purpose. Uncontrolled use of the shoreland-wetlands
and pollution of the navigable waters of the municipality would adversely
affect the public health, safety, convenience, and general welfare
and impair the tax base. The Legislature of Wisconsin has delegated
responsibility to all municipalities to:
(a)
Promote the public health, safety, convenience and general welfare;
(b)
Maintain the storm and flood water storage capacity of wetlands;
(c)
Prevent and control water pollution by preserving wetlands which
filter or store sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters;
(d)
Protect fish, their spawning grounds, other aquatic life and
wildlife by preserving wetlands and other aquatic habitat;
(e)
Prohibit certain uses detrimental to the shoreland-wetland area;
and
(f)
Preserve shore cover and natural beauty by restricting the removal
of natural shoreland cover and controlling shoreland, wetland excavation,
filling and other earth moving activities.
B.
General provisions.
(1)
Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this ordinance and other applicable local, state or federal regulations. (However, see Subsection D of this section for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this ordinance.
(2)
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this ordinance and obtain all necessary permits. State
agencies are required to comply if § 13.48(13), Wis. Stats.,
applies. The construction, reconstruction, maintenance and repair
of state highways and bridges by the Wisconsin Department of Transportation
are exempt when § 30.12(4)(a), Wis. Stats., applies.
(3)
Abrogation and greater restrictions.
(a)
This ordinance supersedes all the provisions of any municipal
zoning ordinance enacted under § 62.23, Wis. Stats., which
relate to floodplains and shoreland-wetlands, except that where another
municipal zoning ordinance is more restrictive than this ordinance,
that ordinance shall continue in full force and effect to the extent
of the greater restrictions, but not otherwise.
(b)
This ordinance is not intended to repeal, abrogate or impair
any existing deed restrictions, covenants or easements. However, where
this ordinance imposes greater restrictions, the provisions of this
ordinance shall prevail.
(4)
Interpretation. In their interpretation and application, the provisions
of this ordinance shall be held to be minimum requirements and shall
be liberally construed in favor of the municipality and shall not
be deemed a limitation or repeal of any other powers granted by the
Wisconsin Statutes. Where a provision of this ordinance is required
by a standard in chapter NR 117, Wis. Adm. Code, and where the ordinance
provision is unclear, the provision shall be interpreted in light
of the chapter NR 117 standards in effect on the date of the adoption
of this ordinance or in effect on the date of the most recent text
amendment to this ordinance.
(5)
Severability. Should any portion of this ordinance be declared invalid
or unconstitutional by a court of competent jurisdiction, the remainder
of this ordinance shall not be affected.
C.
Shoreland-Wetland Zoning District.
(1)
Shoreland-Wetland Zoning Maps. The following maps are hereby adopted
and made part of this ordinance and are on file in the office of the
municipal Clerk:
(a)
Wisconsin Wetland Inventory maps stamped "FINAL" on April 5,
1989.
(b)
Floodplain zoning maps titled FIRM Flood Ins. Rate Map City
of South Milwaukee dated April 15, 1980.
(c)
United States Geological Survey maps dated 1976.
(d)
Zoning maps title Zoning Map City of South Milwaukee and dated
December 1992.
(2)
District boundaries.
(a)
The shoreland-wetland zoning district includes all wetlands
in the municipality which are 3 1/2 acres or more and are shown
on the final Wetland Inventory Map that has been adopted and made
a part of this ordinance and which are:
[1]
Within 1,000 feet of the ordinary high-water mark of navigable
lakes, ponds or flowages. Lakes, ponds or flowages in the municipality
shall be presumed to be navigable if they are shown on the United
States Geological Survey quadrangle maps or other zoning base maps
which have been incorporated by reference and made a part of this
ordinance.
[2]
Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance. Floodplain zoning maps adopted in Subsection C(1)(b) shall be used to determine the extent of floodplain areas.
(b)
Determinations of navigability and ordinary high-water mark
location shall initially be made by the zoning Administrator. When
questions arise, the zoning Administrator shall contact the appropriate
district office of the Department for a final determination of navigability
or ordinary high-water mark.
(c)
When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the zoning Administrator shall contact the appropriate district office of the Department to determine if the shoreland-wetland district boundary as mapped, is in error. If Department staff concur with the zoning Administrator that a particular area was incorrectly mapped as a wetland, the zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in Subsection C(1)(d) and (e), the zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
(d)
Filled wetlands. Wetlands which are filled prior to April 15,
1989, the date on which the municipality received final wetland inventory
maps, in a manner which affects their wetland characteristics to the
extent that the area can no longer be defined as wetland, are not
subject to this ordinance.
(3)
Permitted uses. The following uses are permitted subject to the provisions of Chs. 30 and 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable:
(a)
Activities and uses which do not require the issuance of a zoning
permit, provided that no wetland alteration occurs:
[1]
Hiking;
[2]
The harvesting of wild crops, such as marsh hay, ferns, moss,
wild rice, berries, tree fruits and tree seeds, in a manner that is
not injurious to the natural reproduction of such crops;
[3]
The practice of silviculture, including the planting, thinning
and harvesting of timber;
[4]
The cultivation of agricultural crops; and
(b)
Uses which do not require the issuance of a permit and which
may involve wetland alterations only to the extent specifically provided
below:
[1]
The practice of silviculture, including limited temporary water
level stabilization measures which are necessary to alleviate abnormally
wet or dry conditions that would have an adverse impact on the conduct
of silvicultural activities if not corrected;
[2]
The cultivation of cranberries, including limited wetland alterations
necessary for the purpose of growing and harvesting cranberries;
[3]
The maintenance and repair of existing drainage systems to restore
pre-existing levels of drainage, including the minimum amount of filling
necessary to dispose of dredged spoil, provided that the filling is
otherwise permissible and that dredged spoil is placed on existing
spoil banks where possible; (all cutting or filling must be per permit
issued by the City Engineer);
[4]
The construction and maintenance of piers, docks, walkways,
observation decks and trail bridges built on pilings, including limited
excavating and filling necessary for such construction or maintenance;
[5]
The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in Subsection F(1)(c) of this section; and
[6]
The maintenance, repair, replacement and reconstruction of existing
highways and bridges, including limited excavating and filling necessary
for such maintenance, repair, replacement or reconstruction.
(c)
Uses which are allowed upon the issuance of a building permit,
conditional use permit, final plat approval, and excavation or filling
permit and which may include wetland alterations only to the extent
specifically provided below:
[1]
The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under Subsection C(3) of this section, provided that:
[a]
The road cannot, as a practical matter, be located
outside the wetland;
[b]
The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland listed in Subsection F(1)(c) of this section;
[c]
The road is designed and constructed with the minimum
cross-sectional area practical to serve the intended use;
[d]
Road construction activities are carried out in
the immediate area of the roadbed only; and
[e]
Any wetland alteration must be necessary for the
construction or maintenance of the road.
[2]
The establishment and development of public and private parks
and recreation areas, outdoor education areas, historic, natural and
scientific areas, game refuges and closed areas, fish and wildlife
habitat improvement projects, game bird and animal farms, wildlife
preserves and public boat launching ramps, provided that:
[a]
Any private development allowed under this paragraph
shall be used exclusively for the permitted purpose;
[b]
Only limited filling and excavating necessary for
the development of public boat launching ramps, swimming beaches or
the construction of park shelters or similar structures is allowed;
[c]
The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in Subsection C(3)(a)[1] of this section; and
[d]
Wetland alterations in game refuges and closed
areas, fish and wildlife habitat improvement projects, game bird and
animal farms and wildlife preserves shall be for the purpose of improving
wildlife habitat or to otherwise enhance wetland values.
[3]
The construction and maintenance of electric and telephone transmission
lines, water and gas distribution lines and sewage collection lines
and related facilities and the construction and maintenance of railroad
lines provided that:
D.
Nonconforming structures and uses.
(1)
The lawful use of a building, structure or property which existed
at the time this ordinance, or an applicable amendment to this ordinance,
took effect and which is not in conformity with the provisions of
the ordinance, including the routine maintenance of such a building
or structure, may be continued, subject to the following conditions:
(2)
The shoreland-wetland provisions of this ordinance authorized by
§ 62.231, Wis. Stats., shall not limit the repair, reconstruction,
renovation, remodeling or expansion of a nonconforming structure in
existence on the effective date of the shoreland-wetland provisions,
or of any environmental control facility in existence on May 7, 1982,
related to such a structure. All other modifications to nonconforming
structures are subject to § 62.23(7)(h), Wis. Stats., which
limits total lifetime structural repairs and alterations to 50% of
current fair market value.
(3)
If a nonconforming use or the use of a nonconforming structure is
discontinued for 12 consecutive months, any future use of the building,
structure or property shall conform to this ordinance.
(4)
Any legal nonconforming use of property which does not involve the
use of a structure and which existed at the time of the adoption or
subsequent amendment of this ordinance adopted under § 61.351
or 62.231, Wis. Stats., may be continued although such use does not
conform with the provisions of the ordinance. However, such nonconforming
use may not be extended.
(5)
The maintenance and repair of nonconforming boathouses which are
located below the ordinary high-water mark of any navigable waters
shall comply with the requirements of § 30.121, Wis. Stats.
(6)
Uses which are nuisances under common law shall not be permitted
to continue as nonconforming uses.
E.
Administrative provisions.
(1)
Zoning Administrator. The City Engineer is appointed zoning Administrator
for the purpose of administering and enforcing this ordinance. The
zoning Administrator shall have the following duties and powers:
(a)
Advise applicants as to the provisions of this ordinance and
assist them in preparing permit applications and appeal forms.
(b)
Issue permits and certificates of compliance and inspect properties
for compliance with this ordinance.
(c)
Keep records of all permits issued, inspections made, work approved
and other official actions.
(d)
Have access to any structure or premises between the hours of
8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.
(e)
Submit copies of decisions on variances, conditional use permits,
appeals for a map or text interpretation, and map or text amendments
within 10 days after they are granted or denied, to the appropriate
district office of the Department.
(f)
Investigate and report violations of this ordinance to the appropriate
municipal planning agency and the district attorney, corporation counsel
or municipal attorney.
(2)
Zoning permits.
(a)
When required. Unless another section of this ordinance specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the zoning Administrator before any new development, as defined in Subsection H(2) of this section, or any change in the use of an existing building or structure is initiated.
(b)
Application. An application for a zoning permit shall be made
to the zoning Administrator upon forms furnished by the municipality
and shall include, for the purpose of proper enforcement of these
regulations, the following information:
[1]
General information.
[2]
Site development plan. The site development plan shall be submitted
as a part of the permit application and shall contain the following
information drawn to scale:
[a]
Dimensions and area of the lot;
[b]
Location of any structures with distances measured
from the lot lines and center line of all abutting streets or highways;
[c]
Description of any existing or proposed on-site
sewage systems or private water supply systems;
[d]
Location of the ordinary high-water mark of any
abutting navigable waterways;
[e]
Boundaries of all wetlands;
[f]
Existing and proposed topographic and drainage
features and vegetative cover;
[g]
Location of floodplain and floodway limits on the
property as determined from floodplain zoning maps,
[h]
Location of existing or future access roads; and
[i]
Specifications and dimensions for areas of proposed
wetland alteration.
(c)
Expiration. All permits issued under the authority of this ordinance
shall expire 12 months from the date of issuance.
(3)
Certificates of compliance.
(a)
Except where no zoning permit or conditional use permit is required,
no land shall be occupied or used, and no building which is hereafter
constructed, altered, added to, modified, rebuilt or replaced shall
be occupied, until a certificate of compliance is issued by the zoning
Administrator subject to the following provisions:
[1]
The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use thereof, conform to
the provisions of this ordinance.
[2]
Application for such certificate shall be concurrent with the
application for a zoning or conditional use permit.
[3]
The certificate of compliance shall be issued within 10 days
after notification of the completion of the work specified in the
zoning or conditional use permit, providing the building or premises
and proposed use thereof conform with all the provisions of this ordinance.
(b)
The zoning Administrator may issue a temporary certificate of
compliance for a building, premises or part thereof pursuant to rules
and regulations established by the municipal governing body.
(c)
Upon written request from the owner, the zoning Administrator
shall issue a certificate of compliance for any building or premises
existing at the time of ordinance adoption, certifying after inspection,
the extent and type of use made of the building or premises and whether
or not such use conforms to the provisions of this ordinance.
(4)
Conditional use permits.
(a)
Application. Any use listed as a conditional use in this ordinance shall be permitted only after an application has been submitted to the zoning Administrator and a conditional use permit has been granted by the Board of Appeals following the procedures in Subsection E(8)(b), (c) and (d) of this section.
(b)
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in Subsection C(3)(c) of this section the Board of Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this ordinance, as are necessary to further the purposes of this ordinance as listed in Subsection A(2). Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this ordinance.
(6)
Recording. Where a zoning permit or conditional use permit under
this ordinance is approved, an appropriate record shall be made by
the zoning Administrator of the land use and structures permitted.
(7)
Revocation. Where the conditions of a zoning permit or conditional
use permit are violated, the permit shall be revoked by the Board
of Appeals.
(8)
Powers and duties.
(a)
The Board of Appeals under this ordinance:
[1]
Shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this ordinance.
[2]
Shall hear and decide applications for conditional use permits
under this ordinance.
[3]
May authorize upon appeal a variance from the dimensional standards
of this ordinance where an applicant convincingly demonstrates:
[a]
That literal enforcement of the terms of the ordinance
will result in unnecessary hardship for the applicant.
[b]
That the hardship is due to special conditions
unique to the property; and is not self-created or based solely on
economic gain or loss;
[c]
That such variance is not contrary to the public
interest as expressed by the purpose of this ordinance and;
[d]
That such variance will not grant or increase any
use of property which is prohibited in the zoning district.
(b)
Appeals to the Board. Appeals to the Board of Appeals may be
taken by any person aggrieved or by an officer, department, board
or bureau of the community affected by any order, requirement, decision,
or determination of the zoning Administrator or other administrative
official. Such appeals shall be taken within a reasonable time, as
provided by the rules of the Board by filing with the official whose
decision is in question, and with the Board of Appeals, a notice of
appeal specifying the reasons for the appeal. The zoning Administrator
or other official whose decision is in question shall transmit to
the Board all the papers constituting the record on the matter appealed.
(c)
Public hearings.
[1]
Before making a decision on an appeal or application, the Board
of Appeals shall, within a reasonable period of time, hold a public
hearing. The Board shall give public notice of the hearing by publishing
a Class 2 notice under Ch. 985, Wis. Stats., specifying the date,
time and place of the hearing and the matters to come before the Board.
At the public hearing, any party may present testimony in person,
by agent or by attorney.
[2]
A copy of such notice shall be mailed to the parties in interest
and the appropriate district office of the Department at least 10
days prior to all public hearings on issues involving shoreland-wetland
zoning.
(d)
Decisions.
[1]
The final disposition of an appeal or application for a conditional
use permit before the Board of Appeals shall be in the form of a written
decision, made within a reasonable time after the public hearing and
signed by the Board chairperson. Such decision shall state the specific
facts which are the basis of the Board's determination and shall either
affirm, reverse, or modify the order, requirement, decision or determination
appealed, in whole or in part, dismiss the appeal for lack of jurisdiction
or prosecution, or grant the application for a conditional use under
this ordinance.
[2]
A copy of such decision shall be mailed to the parties in interest
and the appropriate district office of the Department within 10 days
after the decision is issued.
F.
Amending Shoreland-Wetland Zoning regulations.
(1)
The municipal governing body may alter, supplement or change the
district boundaries and the regulations contained in this ordinance
in accordance with the requirements of § 62.23(7)(d)2.,
Wis. Stats., NR 117, Wis. Adm. Code, and the following:
(a)
A copy of each proposed text or map amendment shall be submitted
to the appropriate district office of the Department within five days
of the submission of the proposed amendment to the municipal planning
agency;
(b)
All proposed text and map amendments to the shoreland-wetland
zoning regulations shall be referred to the Plan Commission, and a
public hearing shall be held after class II notice as required by
§ 62.23(7)(d)2., Wis. Stats. The appropriate district office
of the Department shall be provided with written notice of the public
hearing at least 10 days prior to such hearing.
(c)
In order to insure that this ordinance will remain consistent
with the shoreland protection objectives of § 144.26, Wis.
Stats., the municipal governing body may not rezone a wetland in a
shoreland-wetland zoning district, or any portion thereof, where the
proposed rezoning may result in a significant adverse impact upon
any of the following wetland functions:
[1]
Storm and flood water storage capacity;
[2]
Maintenance of dry season stream flow or the discharge of groundwater
to a wetland, the recharge of groundwater from a wetland to another
area or the flow of groundwater through a wetland;
[3]
Filtering or storage of sediments, nutrients, heavy metals or
organic compounds that would otherwise drain into navigable waters;
[4]
Shoreline protection against erosion;
[5]
Fish spawning, breeding, nursery or feeding grounds;
[6]
Wildlife habitat; or
[7]
Areas of special recreational, scenic or scientific interest,
including scarce wetland types and habitat of endangered species.
(d)
Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection F(1)(c) of this section, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
(e)
The appropriate district office of the Department shall be provided
with:
[1]
A copy of the recommendation and report, if any, of the municipal
planning agency on a proposed text or map amendment, within 10 days
after the submission of those recommendations to the municipal governing
body.
[2]
Written notice of the action on the proposed text or map amendment
within 10 days after the action is taken.
(f)
If the Department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection F(1)(c) of this section, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by Subsection F(1)(e)[2] of this section. If within the thirty-day period, the Department notifies the municipality that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by §§ 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 62.231(6) or 61.351(6), Wis. Stats., is completed or otherwise terminated.
G.
Enforcement and penalties.
(1)
Any development, building or structure or accessory building or structure
constructed, altered, added to, modified, rebuilt or replaced or any
use or accessory use established after the effective date of this
ordinance in violation of the provisions of this ordinance, by any
person, firm, association, corporation (including building contractors
or their agents) shall be deemed a violation. The zoning Administrator
shall refer violations to the municipal planning agency and the district
attorney, corporation counsel or municipal attorney who shall prosecute
such violations.
(2)
Provisions of this ordinance shall be subject to a forfeiture of
not less than $100 nor more than $1,000 per offense, together with
the taxable costs of such action. Each day of continued violation
shall constitute a separate offense. Every violation of this ordinance
is a public nuisance and the creation thereof may be enjoined and
the maintenance thereof may be abated by action at suit of the municipality,
the state, or any citizen thereof pursuant to § 87.30(2),
Wis. Stats.
H.
Definitions.
(1)
For the purpose of administering and enforcing this ordinance, the
terms or words used herein shall be interpreted as follows: Words
used in the present tense include the future; words in the singular
number include the plural number; words in the plural number include
the singular number. The word "shall" is mandatory, not permissive.
All distances unless otherwise specified, shall be measured horizontally.
(2)
ACCESSORY STRUCTURE OR USE
BOATHOUSE
CLASS 2 PUBLIC NOTICE
CONDITIONAL USE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
FIXED HOUSEBOAT
NAVIGABLE WATERS
(a)
(b)
(c)
ORDINARY HIGH-WATER MARK
PLANNING AGENCY
SHORELAND-WETLAND DISTRICT
SHORELANDS
UNNECESSARY HARDSHIP
VARIANCE
WETLAND ALTERATION
WETLANDS
The following terms used in this ordinance mean:
A detached subordinate structure or a use which is clearly
incidental to, and customarily found in connection with, the principle
structure or use to which it is related and which is located on the
same lot as that of the principal structure or use.
As defined in § 30.121(1), Wis. Stats., means a
permanent structure used for the storage of watercraft and associated
materials and includes all structures which are totally enclosed,
have roofs or walls or any combination of structural parts.
Publication of a public hearing notice under Ch. 985, Wis.
Stats., in a newspaper of circulation in the affected area. Publication
is required on two consecutive weeks, the last at least seven days
prior to the hearing.
A use which is permitted by this ordinance provided that
certain conditions specified in the ordinance are met and that a permit
is granted by the Board of Appeals or, where appropriate, the planning
agency designated by the municipal governing body.
The Wisconsin Department of Natural Resources.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or substantial
alterations to buildings, structures or accessory structures; the
placement of buildings or structures; ditching, lagooning, dredging,
filling, grading, paving, excavation or drilling operations; and the
deposition or extraction of earthen materials.
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste and thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
As defined in § 30.121(1), Wis. Stats., means a
structure not actually used for navigation which extends beyond the
ordinary high-water mark of a navigable waterway and is retained in
place either by cables to the shoreline or by anchors or spudpoles
attached to the bed of the waterway.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state. Under § 144.26(2)(d), Wis. Stats., notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under § 61.351 or 62.221,
Wis. Stats., and Ch. NR 117, Wis. Adm. Code, do not apply to lands
adjacent to farm drainage ditches if;
Such lands are not adjacent to a natural navigable stream or
river;
Those parts of such drainage ditches adjacent to such lands
were not navigable streams before ditching; and
Such lands are maintained in nonstructural agricultural use.
"Wisconsin's Supreme Court has declared navigable bodies of water
that have a bed differentiated from adjacent uplands and levels or
flow sufficient to support navigation by a recreational craft of the
shallowest draft on an annually recurring basis [Muench v. Public
Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc.,
v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example,
a stream which is navigable by skiff or canoe during normal spring
high water is navigable, in fact, under the laws of this state though
it may be dry during other seasons."
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic.
The municipal plan commission created under § 62.23(1),
Wis. Stats., a board of public land commissioners or a committee of
the municipality's governing body which acts on matters pertaining
to planning and zoning.
The zoning district, created in this shoreland-wetland zoning
ordinance, comprised of shorelands that are designated as wetlands
on the wetlands inventory maps which have been adopted and made a
part of this ordinance.
Lands within the following distances from the ordinary high-water
mark of navigable waters; 1,000 feet from a lake, pond or flowage;
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with restrictions governing area, setbacks, frontage height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this ordinance.
An authorization granted by the Board of Appeals to construct
or alter a building or structure in a manner that deviates from the
dimensional standards of this ordinance.
Any filling, flooding, draining, dredging, ditching, tiling,
excavating, temporary water level stabilization measures or dike and
dam construction in a wetland area.
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
A.
Authority.
(1)
This ordinance is adopted by the Common Council under the authority
granted by § 62.234, Wis. Stats. This ordinance supersedes
all provisions of any ordinance previously enacted under § 62.23,
Wis. Stats., that relate to storm water management regulations. Except
as otherwise specified in § 62.234, Wis. Stats., § 62.23,
Wis. Stats., applies to this ordinance and to any amendments to this
ordinance.
(2)
The provisions of this ordinance are deemed not to limit any other
lawful regulatory powers of the same governing body.
(3)
The Common Council hereby designates the City Engineer to administer
and enforce the provisions of this ordinance.
(4)
The requirements of this ordinance do not pre-empt more stringent
storm water management requirements that may be imposed by any of
the following:
(a)
Wisconsin Department of Natural Resources administrative rules,
permits or approvals including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(b)
Targeted non-agricultural performance standards promulgated
in rules by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
B.
Findings of fact. The Common Council acknowledges that uncontrolled,
post-construction runoff has a significant impact upon water resources
and the health, safety and general welfare of the community and diminishes
the public enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
(1)
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
(2)
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
(3)
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
(4)
Reduce the quality of groundwater by increasing pollutant loading.
(5)
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainage ways, and other minor drainage facilities.
C.
Purpose and intent.
(1)
Purpose. The general purpose of this ordinance is to establish long-term,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(a)
Further the maintenance of safe and healthful conditions.
(b)
Prevent and control the adverse effects of storm water; prevent
and control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(c)
Control exceedance of the safe capacity of existing drainage
facilities and receiving water bodies; prevent undue channel erosion;
and control increases in the scouring and transportation of particulate
matter.
(d)
Minimize the amount of pollutants discharged from the separate
storm sewer to protect the waters of the state.
(2)
Intent. It is the intent of the Common Council that this ordinance
regulates post-construction storm water discharges to waters of the
state. This ordinance may be applied on a site-by-site basis. The
Common Council recognizes, however, that the preferred method of achieving
the storm water performance standards set forth in this ordinance
is through the preparation and implementation of comprehensive, systems-level
storm water management plans that cover hydrologic units, such as
watersheds, on a municipal and regional scale. Such plans may prescribe
regional storm water devices, practices or systems, any of which may
be designed to treat runoff from more than one site prior to discharge
to waters of the state. Where such plans are in conformance with the
performance standards developed under § 281.16, Wis. Stats.,
for regional storm water management measures and have been approved
by the Common Council, it is the intent of this ordinance that the
approved storm water management plan be used to identify post-construction
management measures acceptable for the community.
D.
Applicability and jurisdiction.
(1)
Applicability.
(a)
Except as provided under Subsection D(1)(b), this ordinance applies to a post-construction site whereupon one acre or more of land disturbing construction activity occurs during construction.
(b)
A site that meets any of the criteria in this paragraph is exempt
from the requirements of this ordinance:
[1]
A post-construction site with less than 10% connected imperviousness,
based on the area of land disturbance, provided the cumulative area
of all impervious surfaces is less than one acre. However, the exemption
of this paragraph does not include exemption from the protective area
standard of this ordinance.
[2]
Agricultural facilities and practices.
[3]
Underground utility construction, but not including the construction
of any above ground structures associated with utility construction.
(c)
Notwithstanding the applicability requirements in Subsection D(1)(a), this ordinance applies to post-construction sites of any size that, as determined by the City Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter.
(2)
Jurisdiction. This ordinance applies to post construction sites within
the boundaries and jurisdiction of the City of South Milwaukee.
(3)
Exclusions. This ordinance is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.
E.
ADEQUATE SOD, or SELF-SUSTAINING VEGETATIVE COVER
ADMINISTERING AUTHORITY
AGRICULTURAL FACILITIES AND PRACTICES
ATLAS 14
AVERAGE ANNUAL RAINFALL
BEST MANAGEMENT PRACTICE or BMP
BUSINESS DAY
CEASE AND DESIST ORDER
COMBINED SEWER SYSTEM
CONNECTED IMPERVIOUSNESS
DESIGN STORM
DEVELOPMENT
DIRECT CONDUITS TO GROUNDWATER
DIVISION OF LAND
EFFECTIVE INFILTRATION AREA
EROSION
EXCEPTIONAL RESOURCE WATERS
FILTERING LAYER
FINAL STABILIZATION
FINANCIAL GUARANTEE
GOVERNING BODY
IMPERVIOUS SURFACE
IN-FILL
INFILTRATION
INFILTRATION SYSTEM
LAND DISTURBING CONSTRUCTION ACTIVITY
LANDOWNER
MAINTENANCE AGREEMENT
MAXIMUM EXTENT PRACTICABLE
NEW DEVELOPMENT
NRCS MSE3 OR MSE4 DISTRIBUTION
OFF-SITE
ON-SITE
ORDINARY HIGH-WATER MARK
OUTSTANDING RESOURCE WATERS
PERCENT FINES
PERFORMANCE STANDARD
PERMIT
PERMIT ADMINISTRATION FEE
PERVIOUS SURFACE
POLLUTANT
POLLUTION
POST-CONSTRUCTION SITE
PRE-DEVELOPMENT CONDITION
PREVENTIVE ACTION LIMIT
PROTECTIVE AREA
REDEVELOPMENT
RESPONSIBLE PARTY
SEPARATE STORM SEWER
SILVICULTURE ACTIVITY
SITE
STOP WORK ORDER
STORM WATER MANAGEMENT PLAN
STORM WATER MANAGEMENT SYSTEM PLAN
TECHNICAL STANDARD
TOP OF THE CHANNEL
TOTAL MAXIMUM DAILY LOAD or TMDL
TP-40
TR-55
TRANSPORTATION FACILITY
TSS
TYPE II DISTRIBUTION
WATERS OF THE STATE
Definitions.
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
A governmental employee, or a regional planning commission
empowered under § 62.234, Wis. Stats., that is designated
by the Common Council to administer this ordinance.
Has the meaning given in § 281.16(1), Wis. Stats.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the municipality.
Structural or non-structural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the office of the City Engineer is routinely and customarily
open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit or in
violation of a permit issued by the City Engineer.
A system for conveying both sanitary sewage and storm water
runoff.
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, non-metallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
The creation from one parcel from three or more parcels or
building sites of three or fewer acres each in area where such creation
occurs at one time or through the successive partition within a five-year
period.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
Soil that has at least a three-foot deep layer with at least
20% fines; or at least a five-foot deep layer with at least 10% fines;
or an engineered soil with an equivalent level of protection as determined
by the regulatory authority for the site.
That all land disturbing construction activities at the construction
site have been completed and that a uniform perennial vegetative cover
has been established with a density of at least 70% of the cover for
the unpaved areas and areas not covered by permanent structures or
that employ equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the City Engineer
by the responsible party to assure that requirements of the ordinance
are carried out in compliance with the storm water management plan.
Town board of supervisors, county board of supervisors, City
Council, village board of trustees or village Council.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, gravel or paved parking lots and streets are
examples of areas that typically are impervious.
An undeveloped area of land located within an existing urban
sewer service area, surrounded by development or development and natural
or man-made features where development cannot occur.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or road side channels designed for
conveyance and pollutant removal only.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or non-vegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
Any person holding fee title, an easement or other interest
in property, which allows the person to undertake cropping, livestock
management, land disturbing construction activity or maintenance of
storm water BMPs on the property.
A legal document that provides for long-term maintenance
of storm water management practices.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this ordinance as determined in accordance with Subsection F of this section.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil, which passes through
a # 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the City Engineer to the
applicant to conduct land disturbing construction activity or to discharge
post-construction runoff to waters of the state.
A sum of money paid to the City Engineer by the permit applicant
for the purpose of recouping the expenses incurred by the authority
in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
and that is the greatest of the following widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface.
Areas where development is replacing older development.
The landowner or any other entity performing services to
meet the requirements of this ordinance through a contract or other
agreement. "Runoff" means storm water or precipitation including rain,
snow or ice melt or similar water that moves on the land surface via
sheet or channelized flow.
A conveyance or system of conveyances including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
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(a)
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Is designed or used for collecting water or conveying runoff.
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(b)
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Is not part of a combined sewer system.
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(c)
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Is not part of a publicly owned wastewater treatment works that
provides secondary or more stringent treatment.
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(d)
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Discharges directly or indirectly to waters of the state.
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Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land disturbing construction activity occurred.
An order issued by the City Engineer which requires that
all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from storm water, after the site has under gone final stabilization,
following completion of the construction activity.
Is a comprehensive plan designed to reduce the discharge
of runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The amount of pollutants specified as a function of one or
more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
The United States department of agriculture, natural resources
conservation service (previously soil conservation service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986, which is incorporated by reference for this chapter.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation
purposes such as harbor improvements under § 85.095(1)(b),
Wis. Stats. "Transportation facility" does not include building sites
for the construction of public buildings and buildings that are places
of employment that are regulated by the Department pursuant to § 281.33,
Wis. Stats.
Total suspended solids.
A rainfall type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published in 1973."
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.
F.
Applicability of maximum extent practicable. Maximum extent practicable
applies when a person who is subject to a performance standard of
this ordinance demonstrates to the City Engineer's satisfaction that
a performance standard is not achievable and that a lower level of
performance is appropriate. In making the assertion that a performance
standard is not achievable and that a level of performance different
from the performance standard is the maximum extent practicable, the
responsible party shall take into account the best available technology,
cost effectiveness, geographic features, and other competing interests
such as protection of public safety and welfare, protection of endangered
and threatened resources, and preservation of historic properties.
G.
Technical standards. The following methods shall be used in designing
the water quality, peak discharge, and infiltration components of
storm water practices needed to meet the water quality standards of
this ordinance:
(1)
Consistent with the technical standards identified, developed or
disseminated by the Wisconsin Department of Natural Resources under
Subchapter V of Chapter NR 151, Wis. Adm. Code.
(2)
Where technical standards have not been identified or developed by
the Wisconsin Department of Natural Resources, other technical standards
may be used provided that the methods have been approved by the City
Engineer.
H.
Performance standards.
(1)
Responsible party. The responsible party as defined under Subsection E shall comply with this section.
(2)
Storm water management plan. A written storm water management plan in accordance with Subsection J shall be developed and implemented for each post-construction site.
(3)
Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of NR 151 in effect on or after October 1, 2004,
the responsible party shall meet the total suspended solids reduction,
peak flow control, infiltration, and protective areas standards applicable
to the older development or meet the redevelopment standards of this
ordinance, whichever is more stringent.
(4)
Requirements. The storm water management plan required under Subsection H(2) shall include the following:
(a)
Total suspended solids. BMPs shall be designed, installed and
maintained to control total suspended solids carried in runoff from
the post-construction site as follows:
[1]
BMPs shall be designed in accordance with Table 1. or to the maximum extent practicable as provided in Subsection H(4)(a)[2]. The design shall be based on an average annual rainfall, as compared to no runoff management controls.
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Table 1
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TSS Reduction Standards
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Development Type
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TSS Reduction
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New Development
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80%
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In-fill development
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80%
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Redevelopment
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40% of load from parking areas and roads
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[2]
Maximum extent practicable. If the design cannot meet a total
suspended solids reduction performance standard of Table 1. the storm
water management plan shall include a written, site-specific explanation
of why the total suspended solids reduction performance standard cannot
be met and why the total suspended solids load will be reduced only
to the maximum extent practicable.
[3]
Off-site drainage. When designing BMPs, runoff draining to the
BMP from off-site shall be taken into account in determining the treatment
efficiency of the practice. Any impact on the efficiency shall be
compensated for by increasing the size of the BMP accordingly.
(b)
Peak discharge.
[1]
By design, BMPs shall be employed to maintain or reduce the
one-year, twenty-four-hour; and the two-year, twenty-four-hour post-construction
peak runoff discharge rates to the one-year, twenty-four-hour; and
the two-year, twenty-four-hour pre-development peak runoff discharge
rates respectively, or to the maximum extent practicable. The runoff
curve numbers in Table 2, shall be used to represent the actual pre-development
conditions. Peak discharges shall be calculated using TR-55 runoff
curve number methodology, Atlas 14 precipitation depths, and the appropriate
NRCS Wisconsin MSE3 or MSE4 precipitation distribution. On a case-by-case
basis, the City Engineer may allow the use of TP-40 precipitation
depths and the Type II distribution.
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Table 2
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Maximum Pre-Development Runoff Curve Numbers
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Runoff Curve Number
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Hydrologic Soil Group
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A
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B
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C
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D
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Woodland
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30
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55
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70
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77
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Grassland
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39
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61
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71
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78
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Cropland
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55
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69
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78
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83
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[2]
This subsection of the ordinance does not apply to any of the
following:
(c)
Infiltration.
[1]
Best management practices. BMPs shall be designed, installed,
and maintained to infiltrate runoff in accordance with the following
or to the maximum extent practicable:
[a]
Low imperviousness. For development up to 40% connected
imperviousness, such as parks, cemeteries, and low density residential
development, infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 90% of the pre-development infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 1% of the post-construction site is required as an effective
infiltration area.
[b]
Moderate imperviousness. For development with more
than 40% and up to 80% connected imperviousness, such as medium and
high density residential, multi-family development, industrial and
institutional development, and office parks, infiltrate sufficient
runoff volume so that the post-development infiltration volume shall
be at least 75% of the pre-development infiltration volume, based
on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 2% of
the post-construction site is required as an effective infiltration
area.
[c]
High imperviousness. For development with more
than 80% connected imperviousness, such as commercial strip malls,
shopping centers, and commercial downtowns, infiltrate sufficient
runoff volume so that the post-development infiltration volume shall
be at least 60% of the pre-development infiltration volume, based
on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 2% of
the post-construction site is required as an effective infiltration
area.
[2]
Pre-development. The pre-development condition shall be the
same as specified in Table 2 of the Peak Discharge section of this
ordinance.
[3]
Source areas.
[a]
Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions identified in Subsection H(4)(c)[6].
[i]
Areas associated with a tier one industrial facility
identified in § NR 216.21(2)(a), including storage, loading
and parking. Rooftops may be infiltrated with the concurrence of the
regulatory authority.
[ii]
Storage and loading areas of a tier two industrial
facility identified in § NR 216.21(2)(b).
[iii]
Fueling and vehicle maintenance areas. Runoff
from rooftops of fueling and vehicle maintenance areas may be infiltrated
with the concurrence of the regulatory authority.
[b]
Exemptions. Runoff from the following areas may
be credited toward meeting the requirement when infiltrated, but the
decision to infiltrate runoff from these source areas is optional:
[i]
Parking areas and access roads less than 5,000
square feet for commercial development.
[ii]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the Prohibitions under Subsection H(4)(c)[3][a].
[iv]
In-fill development areas less than five acres.
[v]
Roads on commercial, industrial and institutional
land uses, and arterial residential roads.
[4]
Location of practices.
[a]
Prohibitions. Infiltration practices may not be
located in the following areas:
[i]
Areas within 1,000 feet upgradient or within 100
feet downgradient of direct conduits to groundwater.
[ii]
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4) or within the separation
distances listed in § NR 812.08 for any private well or
non-community well for runoff infiltrated from commercial, including
multi-family residential, industrial and institutional land uses or
regional devices for one- and two-family residential development.
[iii]
Areas where contaminants of concern, as defined
in § NR 720.03(2), are present in the soil through which
infiltration will occur.
[b]
Separation distances.
[i]
Infiltration practices shall be located so that
the characteristics of the soil and the separation distance between
the bottom of the infiltration system and the elevation of seasonal
high groundwater or the top of bedrock are in accordance with Table
3:
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Table 3
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Separation Distances and Soil Characteristics
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Source Area
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Separation Distance
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Soil Characteristics
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Industrial, Commercial, Institutional Parking Lots and Roads
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5 feet or more
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Filtering Layer
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Residential Arterial Roads
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5 feet or more
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Filtering Layer
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Roofs Draining to Subsurface Infiltration Practices
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1 foot or more
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Native or Engineered Soil with Particles Finer than Coarse Sand
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Roofs Draining to Surface Infiltration Practices
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Not Applicable
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Not Applicable
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All Other Impervious Source Areas
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3 feet or more
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Filtering Layer
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[c]
Infiltration rate exemptions. Infiltration practices
located in the following areas may be credited toward meeting the
requirements under the following conditions, but the decision to infiltrate
under these conditions is optional:
[i]
Where the infiltration rate of the soil measured
at the proposed bottom of the infiltration system is less than 0.6
inches per hour using a scientifically credible field test method.
[ii]
Where the least permeable soil horizon to five
feet below the proposed bottom of the infiltration system using the
U.S. Department of Agriculture method of soils analysis is one of
the following: sandy clay loam, clay loam, silty clay loam, sandy
clay, silty clay, or clay.
[5]
Alternate use. Where alternate uses of runoff are employed,
such as for toilet flushing, laundry, or irrigation or storage on
green roofs where an equivalent portion of the runoff is captured
permanently by rooftop vegetation, such alternate use shall be given
equal credit toward the infiltration volume required by this section.
[6]
Infiltration systems.
[a]
Infiltration systems designed in accordance with
this section shall, to the extent technically and economically feasible,
minimize the level of pollutants infiltrating to groundwater and shall
maintain compliance with the preventive action limit at a point of
standards application in accordance with Ch. NR 140. However, if site
specific information indicates that compliance with a preventive action
limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
[b]
Notwithstanding par. a., the discharge from BMPs
shall remain below the enforcement standard at the point of standards
application.
[7]
Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection H(4)(c)[6]. Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, bio filtration, filtration, swales or filter strips.
[8]
Maximum extent practicable. Where the conditions of Subsection H(4)(c)[3] and [4] limit or restrict the use of infiltration practices, the performance standard of Subsection H(4)(e) shall be met to the maximum extent practicable.
(d)
Protective areas.
[1]
Definition. In this section, "protective area" means an area
of land that commences at the top of the channel of lakes, streams
and rivers, or at the delineated boundary of wetlands, and that is
the greatest of the following widths, as measured horizontally from
the top of the channel or delineated wetland boundary to the closest
impervious surface. However, in this section, "protective area" does
not include any area of land adjacent to any stream enclosed within
a pipe or culvert, so that runoff cannot enter the enclosure at this
location.
[a]
For outstanding resource waters and exceptional
resource waters, 75 feet.
[b]
For perennial and intermittent streams identified
on a U.S. Geological Survey 7.5-minute series topographic map, or
a county soil survey map, whichever is more current, 50 feet.
[c]
For lakes, 50 feet.
[e]
For highly susceptible wetlands, 75 feet. Highly
susceptible wetlands include the following types: calcareous fens,
sedge meadows, open and coniferous bogs, low prairies, coniferous
swamps, lowland hardwood swamps, and ephemeral ponds.
[f]
For less susceptible wetlands, 10% of the average
wetland width, but no less than 10 feet nor more than 30 feet. Less
susceptible wetlands include: degraded wetland dominated by invasive
species such as reed canary grass; cultivated hydric soils; and any
gravel pits, or dredged material or fill material disposal sites that
take on the attributes of a wetland.
[g]
In Subsection H(4)(d)[1][d] to [f], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03.
[h]
Wetland boundary delineation shall be made in accordance
with § NR 103.08(lm). This paragraph does not apply to wetlands
that have been completely filled in compliance with all applicable
state and federal regulations. The protective area for wetlands that
have been partially filled in compliance with all applicable state
and federal regulations shall be measured from the wetland boundary
delineation after a fill has been placed. Where there is a legally
authorized wetland fill, the protective area standard need not be
met in that location.
[i]
For concentrated flow channels with drainage areas
greater than 130 acres, 10 feet.
[2]
Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection H(4)(d)[4].
[3]
Requirements. The following requirements shall be met:
[a]
Impervious surfaces shall be kept out of the protective
area entirely or to the maximum extent practicable. If there is no
practical alternative to locating an impervious surface in the protective
area, the storm water management plan shall contain a written, site-specific
explanation.
[b]
Where land disturbing construction activity occurs
within a protective area, adequate sod or self-sustaining vegetative
cover of 70% or greater shall be established and maintained where
no impervious surface is present. The adequate sod or self-sustaining
vegetative cover shall be sufficient to provide for bank stability,
maintenance of fish habitat, and filtering of pollutants from upslope
overland flow areas under sheet flow conditions. Non-vegetative materials,
such as rock riprap, may be employed on the bank as necessary to prevent
erosion such as on steep slopes or where high velocity flows occur.
[c]
BMPs such as filter strips, swales, or wet detention
ponds, that are designed to control pollutants from non-point sources,
may be located in the protective area.
[4]
Exemptions. This section does not apply to any of the following:
[b]
In-fill development areas less than five acres.
[c]
Structures that cross or access surface water such
as boat landings, bridges, and culverts.
[d]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[e]
Areas of post-construction sites from which the
runoff does not enter the surface water, including wetlands, without
first being treated by a BMP to meet the local ordinance requirements
for total suspended solids and peak flow reduction, except to the
extent that vegetative ground cover is necessary to maintain bank
stability.
(e)
Fueling and maintenance areas. Fueling and vehicle maintenance
areas shall have BMPs designed, installed, and maintained to reduce
petroleum within runoff, so that the runoff that enters waters of
the state contains no visible petroleum sheen, or to the maximum extent
practicable.
(5)
General considerations for storm water management measures. The following
considerations shall be observed in on-site and off-site runoff management:
(a)
Natural topography and land cover features such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(b)
Emergency overland flow for all storm water facilities shall
be provided to prevent exceeding the safe capacity of downstream drainage
facilities and prevent endangerment of downstream property or public
safety.
(6)
BMP location.
(a)
To comply with the performance standards required under Subsection H of this section, BMPs may be located on-site or off-site as part of a regional storm water device, practice or system, but shall be installed in accordance with § NR 151.003, Wis. Adm. Code.
(b)
The City Engineer may approve off-site management measures provided
that all of the following conditions are met:
[1]
The City Engineer determines that the post-construction runoff
is covered by a storm water management system plan that is approved
by the City of South Milwaukee and that contains management requirements
consistent with the purpose and intent of this ordinance.
[2]
The off-site facility meets all of the following conditions:
[a]
The facility is in place.
[b]
The facility is designed and adequately sized to
provide a level of storm water control equal to or greater than that
which would be afforded by on-site practices meeting the performance
standards of this ordinance.
[c]
The facility has a legally obligated entity responsible
for its long-term operation and maintenance.
(c)
Where a regional treatment option exists such that the City
Engineer exempts the applicant from all or part of the minimum on-site
storm water management requirements, the applicant shall be required
to pay a fee in an amount determined in negotiation with the City
Engineer. In determining the fee for post-construction runoff, the
City Engineer shall consider an equitable distribution of the cost
for land, engineering design, construction, and maintenance of the
regional treatment option.
(7)
Additional requirements. The City Engineer may establish storm water
management requirements more stringent than those set forth in this
ordinance if the City Engineer determines that the requirements are
needed to control storm water quantity or control flooding, comply
with federally approved total maximum daily load requirements, or
control pollutants associated with existing development or redevelopment.
I.
Permitting requirements, procedures and fees.
(1)
Permit required. No responsible party may undertake a land disturbing
construction activity without receiving a post-construction runoff
permit from the City Engineer prior to commencing the proposed activity.
(2)
Permit application and fees. Unless specifically excluded by this
ordinance, any responsible party desiring a permit shall submit to
the City Engineer a permit application on a form provided by the City
Engineer for that purpose.
(a)
Unless otherwise excluded by this ordinance, a permit application
must be accompanied by a storm water management plan, a maintenance
agreement and a non-refundable permit administration fee if applicable
under the City's Administrative Fee Schedule.
(b)
The storm water management plan shall be prepared to meet the requirements of Subsections H and J, the maintenance agreement shall be prepared to meet the requirements of Subsection K, the financial guarantee shall meet the requirements of Subsection L, and fees shall be those established by the Common Council as set forth in Subsection M.
(3)
Permit application review and approval. The City Engineer shall review
any permit application that is submitted with a storm water management
plan, maintenance agreement, and the required fee. The following approval
procedure shall be used:
(a)
Within [number] business days of the receipt of a complete permit application, including all items as required by Subsection I(2), the City Engineer shall inform the applicant whether the application, storm water management plan and maintenance agreement are approved or disapproved based on the requirements of this ordinance.
(b)
If the storm water permit application, storm water management
plan and maintenance agreement are approved, or if an agreed upon
payment of fees in lieu of storm water management practices is made,
the City Engineer shall issue the permit.
(c)
If the storm water permit application, storm water management
plan or maintenance agreement is disapproved, the City Engineer shall
detail in writing the reasons for disapproval.
(d)
The City Engineer may request additional information from the
applicant. If additional information is submitted, the City Engineer
shall have 30 business days from the date the additional information
is received to inform the applicant that the storm water management
plan and maintenance agreement are either approved or disapproved.
(e)
Failure by the City Engineer to inform the permit applicant
of a decision within 30 business days of a required submittal shall
be deemed to mean approval of the submittal and the applicant may
proceed as if a permit had been issued.
(4)
Permit requirements. All permits issued under this ordinance shall be subject to the following conditions, and holders of permits issued under this ordinance shall be deemed to have accepted these conditions. The City Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City Engineer to suspend or revoke this permit may be appealed in accordance with Subsection O.
(a)
Compliance with this permit does not relieve the responsible
party of the responsibility to comply with other applicable federal,
state, and local laws and regulations.
(b)
The responsible party shall design and install all structural
and non-structural storm water management measures in accordance with
the approved storm water management plan and this permit.
(c)
The responsible party shall notify the City Engineer at least five business days before commencing any work in conjunction with the storm water management plan, and within five business days upon completion of the storm water management practices. If required as a special condition under Subsection I(5), the responsible party shall make additional notification according to a schedule set forth by the City Engineer so that practice installations can be inspected during construction.
(d)
Practice installations required as part of this ordinance shall
be certified "as built" or "record" drawings by a licensed professional
engineer. Completed storm water management practices must pass a final
inspection by the City Engineer or its designee to determine if they
are in accordance with the approved storm water management plan and
ordinance. The City Engineer or its designee shall notify the responsible
party in writing of any changes required in such practices to bring
them into compliance with the conditions of this permit.
(e)
The responsible party shall notify the City Engineer of any
significant modifications it intends to make to an approved storm
water management plan. The City Engineer may require that the proposed
modifications be submitted to it for approval prior to incorporation
into the storm water management plan and execution by the responsible
party.
(f)
The responsible party shall maintain all storm water management
practices in accordance with the storm water management plan until
the practices either become the responsibility of the City Engineer,
or are transferred to subsequent private owners as specified in the
approved maintenance agreement.
(g)
The responsible party authorizes the City Engineer to perform any work or operations necessary to bring storm water management measures into conformance with the approved storm water management plan, and consents to a special assessment or charge against the property as authorized under Subch. VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under Subsection L.
(h)
If so directed by the City Engineer, the responsible party shall
repair at the responsible party's own expense all damage to adjoining
municipal facilities and drainage ways caused by runoff, where such
damage is caused by activities that are not in compliance with the
approved storm water management plan.
(i)
The responsible party shall permit property access to the City
Engineer or its designee for the purpose of inspecting the property
for compliance with the approved storm water management plan and this
permit.
(j)
Where site development or redevelopment involves changes in
direction, increases in peak rate and/or total volume of runoff from
a site, the City Engineer may require the responsible party to make
appropriate legal arrangements with affected property owners concerning
the prevention of endangerment to property or public safety.
J.
Storm water management plan.
(1)
Storm water management plan requirements. The storm water management plan required under Subsection H(2) shall contain at a minimum the following information:
(a)
Name, address, and telephone number for the following or their
designees: landowner; developer; project engineer for practice design
and certification; person(s) responsible for installation of storm
water management practices; and person(s) responsible for maintenance
of storm water management practices prior to the transfer, if any,
of maintenance responsibility to another party.
(b)
A proper legal description of the property proposed to be developed,
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
(c)
Pre-development site conditions, including:
[1]
One or more site maps at a scale of not less than one inch equals
40 feet. The site maps shall show the following: site location and
legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed two feet; topography and drainage
network including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all storm water conveyance sections; watershed boundaries used in
hydrology determinations to show compliance with performance standards;
lakes, streams, wetlands, channels, ditches, and other watercourses
on and immediately adjacent to the site; limits of the one-hundred-year
floodplain; location of wells and wellhead protection areas covering
the project area and delineated pursuant to § NR 811.16,
Wis. Adm. Code.
[2]
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map(s).
(d)
Post-development site conditions, including:
[1]
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
[2]
Explanation of any restrictions on storm water management measures
in the development area imposed by wellhead protection plans and ordinances.
[3]
One or more site maps at a scale of not less than one inch equals
40 feet showing the following: post-construction pervious areas including
vegetative cover type and condition; impervious surfaces including
all buildings, structures, and pavement; post-construction topographic
contours of the site at a scale not to exceed two feet; post-construction
drainage network including enough of the contiguous properties to
show runoff patterns onto, through, and from the site; locations and
dimensions of drainage easements; locations of maintenance easements
specified in the maintenance agreement; flow path and direction for
all storm water conveyance sections; location and type of all storm
water management conveyance and treatment practices, including the
on-site and off-site tributary drainage area; location and type of
conveyance system that will carry runoff from the drainage and treatment
practices to the nearest adequate outlet such as a curbed street,
storm drain, or natural drainage way; watershed boundaries used in
hydrology and pollutant loading calculations and any changes to lakes,
streams, wetlands, channels, ditches, and other watercourses on and
immediately adjacent to the site.
[4]
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
[5]
Results of investigations of soils and groundwater required
for the placement and design of storm water management measures. Detailed
drawings including cross-sections and profiles of all permanent storm
water conveyance and treatment practices.
(e)
A description and installation schedule for the storm water management practices needed to meet the performance standards in Subsection H.
(f)
A maintenance plan developed for the life of each storm water
management practice including the required maintenance activities
and maintenance activity schedule.
(g)
Cost estimates for the construction, operation, and maintenance
of each storm water management practice.
(h)
Other information requested in writing by the City Engineer
to determine compliance of the proposed storm water management measures
with the provisions of this ordinance.
(i)
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this ordinance.
K.
Maintenance agreement.
(1)
Maintenance agreement required. The maintenance agreement required under Subsection I(2) for storm water management practices shall be an agreement between the City Engineer and the responsible party to provide for maintenance of storm water practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the storm water management practices.
(2)
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Subsection J(1)(f):
(a)
Identification of the storm water facilities and designation
of the drainage area served by the facilities.
(b)
A schedule for regular maintenance of each aspect of the storm water management system consistent with the storm water management plan required under Subsection I(2).
(c)
Identification of the responsible party(s), organization or City, county, town or village responsible for long term maintenance of the storm water management practices identified in the storm water management plan required under Subsection I(2).
(d)
Requirement that the responsible party(s), organization, or City, county, town or village shall maintain storm water management practices in accordance with the schedule included in Subsection K(2)(b).
(e)
Authorization for the City Engineer to access the property to
conduct inspections of storm water management practices as necessary
to ascertain that the practices are being maintained and operated
in accordance with the agreement.
(f)
A requirement on the City Engineer to maintain public records
of the results of the site inspections, to inform the responsible
party responsible for maintenance of the inspection results, and to
specifically indicate any corrective actions required to bring the
storm water management practice into proper working condition.
(g)
Agreement that the party designated under Subsection K(2)(c), as responsible for long term maintenance of the storm water management practices, shall be notified by the City Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City Engineer.
(h)
Authorization of the City Engineer to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection K(2)(c) does not make the required corrections in the specified time period. The City Engineer shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
L.
Financial guarantee.
(1)
Establishment of the guarantee. The City Engineer may require the
submittal of a financial guarantee, the form and type of which shall
be acceptable to the City Engineer. The financial guarantee shall
be in an amount determined by the City Engineer to be the estimated
cost of construction and the estimated cost of maintenance of the
storm water management practices during the period which the designated
party in the maintenance agreement has maintenance responsibility.
The financial guarantee shall give the City Engineer the authorization
to use the funds to complete the storm water management practices
if the responsible party defaults or does not properly implement the
approved storm water management plan, upon written notice to the responsible
party by the City Engineer that the requirements of this ordinance
have not been met.
(2)
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(a)
The City Engineer shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the City Engineer to complete installation of practices, upon submission
of "as built plans" or "record" drawings by a licensed professional
engineer. The City Engineer may make provisions for a partial pro-rata
release of the financial guarantee based on the completion of various
development stages.
(b)
The City Engineer shall release the portion of the financial
guarantee established under this section to assure maintenance of
storm water practices, less any costs incurred by the City Engineer,
at such time that the responsibility for practice maintenance is passed
on to another entity via an approved maintenance agreement.
M.
Fee schedule. Applicable fees referred to in other sections of this
ordinance shall be established by the Common Council and may from
time to time be modified by resolution. A schedule of any applicable
fees is established by the Administrative Fee Schedule.
N.
Enforcement.
(1)
Any land disturbing construction activity or post-construction runoff
initiated after the effective date of this ordinance by any person,
firm, association, or corporation subject to the ordinance provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this ordinance.
(2)
The City Engineer shall notify the responsible party by certified
mail of any non-complying land disturbing construction activity or
post-construction runoff. The notice shall describe the nature of
the violation, remedial actions needed, a schedule for remedial action,
and additional enforcement action which may be taken.
(3)
Upon receipt of written notification from the City Engineer under Subsection N(2), the responsible party shall correct work that does not comply with the storm water management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the City Engineer in the notice.
(4)
If the violations to a permit issued pursuant to this ordinance are
likely to result in damage to properties, public facilities, or waters
of the state, the City Engineer may enter the land and take emergency
actions necessary to prevent such damage. The costs incurred by the
City Engineer plus interest and legal costs shall be billed to the
responsible party.
(5)
The City Engineer is authorized to post a stop work order on all
land disturbing construction activity that is in violation of this
ordinance, or to request the City Attorney to obtain a cease and desist
order in any court with jurisdiction.
(6)
The City Engineer may revoke a permit issued under this ordinance
for non-compliance with ordinance provisions.
(7)
Any permit revocation, stop work order, or cease and desist order
shall remain in effect unless retracted by the City Engineer or by
a court with jurisdiction.
(8)
The City Engineer is authorized to refer any violation of this ordinance,
or a stop work order or cease and desist order issued pursuant to
this ordinance, to the City Attorney for the commencement of further
legal proceedings in any court with jurisdiction.
(9)
Any person, firm, association, or corporation who does not comply
with the provisions of this ordinance shall be subject to a forfeiture
of not less than $250 or more than $250 per offense, together with
the costs of prosecution. Each day that the violation exists shall
constitute a separate offense.
(10)
Compliance with the provisions of this ordinance may also be
enforced by injunction in any court with jurisdiction. It shall not
be necessary to prosecute for forfeiture or a cease and desist order
before resorting to injunctional proceedings.
(11)
When the City Engineer determines that the holder of a permit issued pursuant to this ordinance has failed to follow practices set forth in the storm water management plan, or has failed to comply with schedules set forth in said storm water management plan, the City Engineer or a party designated by the City Engineer may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved storm water management plan. The City Engineer shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to Subsection L of this section. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
O.
Appeals.
(1)
Board of Appeals. The board of appeals, created pursuant to § 4.10 of the City of South Milwaukee ordinances pursuant to § 62.23(7)(e), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer in administering this ordinance. The board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the board may authorize variances from the provisions of this ordinance that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.
(2)
Who may appeal. Appeals to the board of appeals may be taken by any
aggrieved person or by an officer, department, or board, affected
by any decision of the City Engineer.
P.
Severability. If any section, clause, provision or portion of this
ordinance is judged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of the ordinance shall remain in force
and not be affected by such judgment.
[Added 3-2-1999 by Ord.
No. 1732]
A.
Discharges prohibited. No person may discharge, release, spill, or
dump substances or materials which are not entirely composed of storm
water into receiving bodies of water or onto driveways, sidewalks,
parking lots or other areas that drain into the municipal storm sewer
system.
B.
Exemptions. The following activities are exempt from the provisions
of this section unless found to have an adverse impact on the storm
water:
(1)
Discharges authorized by a permit issued by the Wisconsin Department
of Natural Resources.
(2)
Discharges resulting from fire fighting activities.
(3)
Discharges from uncontaminated ground water, portable water sources,
roof drains, foundation drains and sump pumps, air conditioning condensation,
springs, lawn watering, individual residential car washing, water
main and hydrant flushing and swimming pools if the water is de-chlorinated.
C.
Connections prohibited. It shall be a violation of this ordinance
to connect a wastewater, building sewer or drain to the municipal
storm sewer system.
D.
Clean-up of spilled or accidentally discharged wastes. Any persons
delivering, hauling, disposing, storing, discharging or otherwise
handling potentially polluting substances, solid or liquid, such as,
but not limited to the following: fuel oil, gasoline, solvents, industrial
liquids or fluids, milk, grease trap and septic tank wastes, sewage
sludge, sanitary sewer wastes, storm sewer catch-basin wastes, oil
or petroleum wastes, shall immediately clean up any such spilled material
to prevent its becoming a hazard to health or safety or directly or
indirectly causing the pollution to the receiving bodies of water
within the City of South Milwaukee.
E.
Duty of notification. Spills or accidental release of hazardous materials
or potentially polluting substances at a site or of a quantity or
nature that cannot adequately be cleaned up by the responsible person
shall be reported immediately to the emergency number for the South
Milwaukee Police Department 911.
F.
Storage of polluting substances. It shall be unlawful for any person
or persons to store any potentially polluting substances unless such
substances are stored in such manner as to securely prevent them from
escaping onto the ground surface and/or into any street, municipal
separate storm sewer system, ditch or drainage way, or receiving body
of water within the City of South Milwaukee.
G.
Enforcement.
(1)
The City Engineer or her/his designee shall have the administrative
responsibility for the enforcement of this ordinance. In addition
to enforcing this ordinance by means of a forfeiture action in municipal
court, the City Engineer is hereby authorized to seek any judicial
remedy he deems necessary under the circumstances including injunctive
relief.
(2)
Civil penalties.
(a)
Any person(s) who has violated or continues to violate any provision
of this chapter, or order issued by the City Engineer to enforce the
provisions of this ordinance shall be liable to South Milwaukee for
a maximum forfeiture of $25,000 per violation, per day. Each day on
which a violation shall occur or continue shall be deemed a separate
and distinct offense. The City Engineer is authorized to issue a municipal
citation for any offense under this ordinance as well as any other
judicial or administrative action which, in his/her judgment, may
be appropriate.
(b)
The City Engineer is authorized to institute an action at law
to recover reasonable attorneys' fees, court costs, and other expenses
associated with enforcement activities, including sampling and monitoring
expenses, and the cost of any actual damages and clean-up expenses
incurred by South Milwaukee.
(c)
In determining the amount of civil liability, the Court shall
take into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained by the violator
through the violation, corrective actions by the violator, and any
other factor as justice requires.
(d)
Filing a suit for civil penalties shall not be a bar against,
or a prerequisite for, taking any other action against a violator.
(3)
Criminal prosecution. Penalties shall be as provided by State Statues.
(4)
Remedies nonexclusive. The remedies provided for in this chapter
are not exclusive. The City Engineer may take any, all, or any combination
of these actions against a violator.
[Added 1-3-1995 by Ord.
No. 1600; amended 7-18-1995 by Ord. No. 1619; 5-17-2016 by Ord. No. 2130]
A.
Authority.
(1)
This ordinance is adopted under the authority granted by § 62.234,
Wis. Stats. This ordinance supersedes all provisions of an ordinance
previously enacted under § 62.23, Wis. Stats., that relate
to construction site erosion control. Except as otherwise specified
in § 62.234, Wis. Stats., § 62.23, Wis. Stats.,
applies to this ordinance and to any amendments to this ordinance.
(2)
The provisions of this ordinance are deemed not to limit any other
lawful regulatory powers of the same governing body.
(3)
The Common Council hereby designates the City Engineer to administer
and enforce the provisions of this ordinance.
(4)
The requirements of this ordinance do not pre-empt more stringent
erosion and sediment control requirements that may be imposed by any
of the following:
(a)
Wisconsin Department of Natural Resources administrative rules,
permits or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(b)
Targeted non-agricultural performance standards promulgated
in rules by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
B.
Findings of fact. The Common Council acknowledges that runoff from
land disturbing construction activity carries a significant amount
of sediment and other pollutants to the waters located in the City
of South Milwaukee.
C.
Purpose. It is the purpose of this ordinance to maintain safe and
healthful conditions; prevent and control water pollution; prevent
and control soil erosion and sediment discharge; protect spawning
grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth by minimizing the amount of sediment
and other pollutants carried by runoff or discharged from land disturbing
construction activity to waters of the state in the City of South
Milwaukee.
D.
Applicability and jurisdiction.
(1)
Applicability.
(b)
This ordinance does not apply to the following:
[1]
Transportation facilities, except transportation facility construction
projects that are part of a larger common plan of development such
as local roads within a residential or industrial development.
[2]
A construction project that is exempted by federal statutes
or regulations from the requirement to have a national pollutant discharge
elimination system permit issued under Chapter 40, Code of Federal
Regulations, Part 122, for land disturbing construction activity.
[3]
Nonpoint discharges from agricultural facilities and practices.
[4]
Nonpoint discharges from silviculture activities.
[5]
Routine maintenance for project sites that have less than five
acres of land disturbance if performed to maintain the original line
and grade, hydraulic capacity or original purpose of the facility.
(c)
Notwithstanding the applicability requirements in Subsection D(1)(a), this ordinance applies to construction sites of any size that, as determined by the City Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate.
(2)
Jurisdiction. This ordinance applies to land disturbing construction
activity on lands within the boundaries and jurisdiction of the City
of South Milwaukee.
(3)
Exclusions. This ordinance is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.
E.
ADMINISTERING AUTHORITY
AGRICULTURAL FACILITIES AND PRACTICES
BEST MANAGEMENT PRACTICE or BMP
BUSINESS DAY
CEASE AND DESIST ORDER
CONSTRUCTION SITE
DESIGN STORM
DIVISION OF LAND
EROSION
EROSION AND SEDIMENT CONTROL PLAN
FINAL STABILIZATION
GOVERNING BODY
LAND DISTURBING CONSTRUCTION ACTIVITY
LANDOWNER
MAXIMUM EXTENT PRACTICABLE
PERFORMANCE STANDARD
PERMIT
POLLUTANT
POLLUTION
RESPONSIBLE PARTY
RUNOFF
SEDIMENT
SILVICULTURE ACTIVITY
SITE
STOP WORK ORDER
TECHNICAL STANDARD
TRANSPORTATION FACILITY
WATERS OF THE STATE
Definitions.
A governmental employee, or a regional planning commission
empowered under § 62.234, Wis. Stats., that is designated
by the Common Council to administer this ordinance.
Has the meaning in § 281.16(1), Wis. Stats.
Structural or non-structural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of the City Engineer is routinely and customarily
open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit or in
violation of a permit issued by the City Engineer.
An area upon which one or more land disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land
disturbing construction activities may be taking place at different
times on different schedules but under one plan. A long-range planning
document that describes separate construction projects, such as a
twenty-year transportation improvement plan, is not a common plan
of development.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
The creation from one parcel, of three or more parcels or
building sites of three or fewer acres each in area where such creation
occurs at one time or through the successive partition within a five-year
period.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
That all land disturbing construction activities at the construction
site have been completed and that a uniform perennial vegetative cover
has been established with a density of at least 70% of the cover for
the unpaved areas and areas not covered by permanent structures or
that employ equivalent permanent stabilization measures.
Town board of supervisors, county board of supervisors, City
Council, village board of trustees or village Council.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or non-vegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
Any person holding fee title, an easement or other interest
in property, which allows the person to undertake cropping, livestock
management, land disturbing construction activity or maintenance of
storm water BMPs on the property.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this ordinance as determined in accordance with Subsection F of this ordinance.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the City Engineer to the
applicant to conduct land disturbing construction activity or to discharge
post-construction runoff to waters of the state.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
The landowner or any other entity performing services to
meet the requirements of this ordinance through a contract or other
agreement.
Storm water or precipitation including rain, snow or ice
melt or similar water that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land disturbing construction activity is proposed
in the permit application.
An order issued by the City Engineer which requires that
all construction activity on the site be stopped.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation
purposes such as harbor improvements under § 85.095(1)(b),
Wis. Stats. "Transportation facility" does not include building sites
for the construction of public buildings and buildings that are places
of employment that are regulated by the Department pursuant to § 281.33,
Wis. Stats.
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.
F.
Applicability of maximum extent practicable. Maximum extent practicable
applies when a person who is subject to a performance standard of
this ordinance demonstrates to the City Engineer's satisfaction that
a performance standard is not achievable and that a lower level of
performance is appropriate. In making the assertion that a performance
standard is not achievable and that a level of performance different
from the performance standard is the maximum extent practicable, the
responsible party shall take into account the best available technology,
cost effectiveness, geographic features, and other competing interests
such as protection of public safety and welfare, protection of endangered
and threatened resources, and preservation of historic properties.
G.
Technical standards. All BMPs required for compliance with this ordinance
shall meet design criteria, standards and specifications based on
any of the following:
(1)
Design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subchapter V of
Chapter NR 151, Wis. Adm. Code.
(2)
Soil loss prediction tools (such as the Universal Soil Loss Equation
(USLE)) when using an appropriate rainfall or runoff factor (also
referred to as the R factor) or an appropriate design storm and precipitation
distribution, and when considering the geographic location of the
site and the period of disturbance.
(3)
Technical standards and methods approved by the City Engineer.
H.
Performance standards for construction sites under one acre.
(1)
Responsible party. The responsible party shall comply with this section.
(2)
Erosion and sediment control practices. Erosion and sediment control
practices at each site where land disturbing construction activity
is to occur shall be used to prevent or reduce all of the following:
(a)
The deposition of soil from being tracked onto streets by vehicles.
(b)
The discharge of sediment from disturbed areas into on-site
storm water inlets.
(c)
The discharge of sediment from disturbed areas into adjacent
waters of the state.
(d)
The discharge of sediment from drainage ways that flow off the
site.
(e)
The discharge of sediment by dewatering activities.
(f)
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
(g)
The transport by runoff into waters of the state of chemicals,
cement, and other building compounds and materials on the construction
site during the construction period. However, projects that require
the placement of these materials in waters of the state, such as constructing
bridge footings or BMP installations, are not prohibited by this subdivision.
(3)
Location. The BMPs shall be located so that treatment occurs before
runoff enters waters of the state.
(4)
Implementation. The BMPs used to comply with this section shall be
implemented as follows:
(a)
Erosion and sediment control practices shall be constructed
or installed before land disturbing construction activities begin.
(b)
Erosion and sediment control practices shall be maintained until
final stabilization.
(c)
Final stabilization activity shall commence when land disturbing
activities cease and final grade has been reached on any portion of
the site.
(d)
Temporary stabilization activity shall commence when land disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(e)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
I.
Performance standards for construction sites of one acre or more.
(1)
Responsible party. The responsible party shall comply with this section and implement the erosion and sediment control plan developed in accordance with Subsection K.
(2)
Erosion and sediment control plan. A written site-specific erosion and sediment control plan shall be developed in accordance with Subsection K of this ordinance and implemented for each construction site.
(3)
Erosion and other pollutant control requirements. The erosion and sediment control plan required under Subsection I(2) shall include the following:
(a)
Erosion and sediment control practices. Erosion and sediment
control practices at each site where land disturbing construction
activity is to occur shall be used to prevent or reduce all of the
following:
[1]
The deposition of soil from being tracked onto streets by vehicles.
[2]
The discharge of sediment from disturbed areas into on-site
storm water inlets.
[3]
The discharge of sediment from disturbed areas into adjacent
waters of the state.
[4]
The discharge of sediment from drainage ways that flow off the
site.
[5]
The discharge of sediment by dewatering activities.
[6]
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
[7]
The discharge of sediment from erosive flows at outlets and
in downstream channels.
[8]
The transport by runoff into waters of the state of chemicals,
cement, and other building compounds and materials on the construction
site during the construction period. However, projects that require
the placement of these materials in waters of the state, such as constructing
bridge footings or BMP installations, are not prohibited by this subdivision.
[9]
The transport by runoff into waters of the state of untreated
wash water from vehicle and wheel washing.
(b)
Sediment performance standards. In addition to the erosion and
sediment control practices under par. (a), the following erosion and
sediment control practices shall be employed:
[1]
BMPs that, by design, discharge no more than five tons per acre
per year, or to the maximum extent practicable, of the sediment load
carried in runoff from initial grading to final stabilization.
[2]
No person shall be required to employ more BMPs than are needed
to meet a performance standard in order to comply with maximum extent
practicable. Erosion and sediment control BMPs may be combined to
meet the requirements of this paragraph. Credit may be given toward
meeting the sediment performance standard of this paragraph for limiting
the duration or area, or both, of land disturbing construction activity,
or for other appropriate mechanisms.
[3]
Notwithstanding Subsection I(3)(b)[1], if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(c)
Preventive measures. The erosion and sediment control plan shall
incorporate all of the following:
[1]
Maintenance of existing vegetation, especially adjacent to surface
waters whenever possible.
[2]
Minimization of soil compaction and preservation of topsoil.
[3]
Minimization of land disturbing construction activity on slopes
of 20% or more.
[4]
Development of spill prevention and response procedures.
(d)
Location. The BMPs used to comply with this section shall be
located so that treatment occurs before runoff enters waters of the
state.
(4)
Implementation. The BMPs used to comply with this section shall be
implemented as follows:
(a)
Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the erosion and sediment control plan developed in Subsection I(2).
(b)
Erosion and sediment control practices shall be maintained until
final stabilization.
(c)
Final stabilization activity shall commence when land disturbing
activities cease and final grade has been reached on any portion of
the site.
(d)
Temporary stabilization activity shall commence when land disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(e)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
J.
Permitting requirements, procedures and fees.
(1)
Permit required. No responsible party may commence a land disturbing
construction activity subject to this ordinance without receiving
prior approval of an erosion and sediment control plan for the site
and a permit from the City Engineer.
(2)
Permit application and fees. The responsible party that will undertake a land disturbing construction activity subject to this ordinance shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of Subsection K, and shall pay an application fee in the amount specified in Subsection L. By submitting an application, the applicant is authorizing the City Engineer to enter the site to obtain information required for the review of the erosion and sediment control plan.
(3)
Permit application review and approval. The City Engineer shall review
any permit application that is submitted with an erosion and sediment
control plan, and the required fee. The following approval procedure
shall be used:
(a)
Within 14 business days of the receipt of a complete permit application, as required by Subsection J(2), the City Engineer shall inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this ordinance.
(b)
If the permit application and erosion and sediment control plan
are approved, the City Engineer shall issue the permit.
(c)
If the permit application or erosion and sediment control plan
is disapproved, the City Engineer shall state in writing the reasons
for disapproval.
(d)
The City Engineer may request additional information from the
applicant. If additional information is submitted, the City Engineer
shall have Seven business days from the date the additional information
is received to inform the applicant that the erosion and sediment
control plan is either approved or disapproved.
(e)
Failure by the City Engineer to inform the permit applicant
of a decision within 30 business days of a required submittal shall
be deemed to mean approval of the submittal and the applicant may
proceed as if a permit had been issued.
(4)
Surety bond. As a condition of approval and issuance of the permit,
the City Engineer may require the applicant to deposit a surety bond
or irrevocable letter of credit to guarantee a good faith execution
of the approved erosion and sediment control plan and any permit conditions.
(5)
Permit requirements. All permits shall require the responsible party
to:
(a)
Notify the City Engineer within 48 hours of commencing any land
disturbing construction activity.
(b)
Notify the City Engineer of completion of any BMPs within 14
days after their installation.
(c)
Obtain permission in writing from the City Engineer prior to any modification pursuant to Subsection K(3) of the erosion and sediment control plan.
(d)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(e)
Maintain all road drainage systems, storm water drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(f)
Repair any siltation or erosion damage to adjoining surfaces
and drainage ways resulting from land disturbing construction activities
and document repairs in a site inspection log.
(g)
Inspect the BMPs within 24 hours after each rain of 0.5 inch
or more which results in runoff during active construction periods,
and at least once each week. Make needed repairs and install additional
BMPs as necessary, and document these activities in an inspection
log that also includes the date of inspection, the name of the person
conducting the inspection, and a description of the present phase
of the construction at the site.
(h)
Allow the City Engineer to enter the site for the purpose of
inspecting compliance with the erosion and sediment control plan or
for performing any work necessary to bring the site into compliance
with the erosion and sediment control plan. Keep a copy of the erosion
and sediment control plan at the construction site.
(7)
Permit duration. Permits issued under this section shall be valid
for a period of 180 days, or the length of the building permit or
other construction authorizations, whichever is longer, from the date
of issuance. The City Engineer may grant one or more extensions not
to exceed 180 days cumulatively. The City Engineer may require additional
BMPs as a condition of an extension if they are necessary to meet
the requirements of this ordinance.
(8)
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this ordinance until the site has undergone final
stabilization.
K.
Erosion and sediment control plan, statement and amendments.
(1)
Erosion and sediment control plan statement. For each construction site identified under Subsection D(1)(c), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the City Engineer. The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs that will be used to meet the requirements of the ordinance. A site map shall also accompany the erosion and sediment control plan statement.
(2)
Erosion and sediment control plan requirements.
(a)
An erosion and sediment control plan shall be prepared and submitted
to the City Engineer.
(c)
The erosion and sediment control plan shall address pollution
caused by soil erosion and sedimentation during construction and up
to final stabilization of the site. The erosion and sediment control
plan shall include, at a minimum, the following items:
[1]
Name(s) and address(es) of the owner or developer of the site,
and of any consulting firm retained by the applicant, together with
the name of the applicant's principal contact at such firm. The application
shall also include start and end dates for construction.
[2]
Description of the construction site and the nature of the land
disturbing construction activity, including representation of the
limits of land disturbance on a United States Geological Service 7.5
minute series topographic map.
[3]
Description of the intended sequence of major land disturbing
construction activities for major portions of the construction site,
including stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and final grading and landscaping.
Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas
of clearing, installation of temporary erosion and sediment control
measures, and establishment of permanent vegetation.
[4]
Estimates of the total area of the construction site and the
total area of the construction site that is expected to be disturbed
by land disturbing construction activities.
[5]
Calculations to show the compliance with the performance standard in Subsection I(3)(b)[1].
[6]
Existing data describing the surface soil as well as subsoils.
[7]
Depth to groundwater, as indicated by Natural Resources Conservation
Service soil information where available.
[8]
Name of the immediate named receiving water from the United
States Geological Service 7.5 minute series topographic maps.
(d)
The erosion and sediment control plan shall include a site map.
The site map shall include the following items and shall be at a scale
not greater than 100 feet per inch and at a contour interval not to
exceed five feet.
[1]
Existing topography, vegetative cover, natural and engineered
drainage systems, roads and surface waters. Lakes, streams, wetlands,
channels, ditches and other watercourses on and immediately adjacent
to the site shall be shown. Any identified one-hundred-year flood
plains, flood fringes and floodways shall also be shown.
[2]
Boundaries of the construction site.
[3]
Drainage patterns and approximate slopes anticipated after major
grading activities.
[4]
Areas of soil disturbance.
[5]
Location of major structural and non-structural controls identified
in the erosion and sediment control plan.
[6]
Location of areas where stabilization BMPs will be employed.
[7]
Areas which will be vegetated following land disturbing construction
activities.
[8]
Area(s) and location(s) of wetland on the construction site,
and locations where storm water is discharged to a surface water or
wetland within one-quarter mile downstream of the construction site.
[9]
Areas(s) used for infiltration of post-construction storm water
runoff.
[10]
An alphanumeric or equivalent grid overlying the entire construction
site map.
(e)
Each erosion and sediment control plan shall include a description
of appropriate control BMPs that will be installed and maintained
at the construction site to prevent pollutants from reaching waters
of the state. The erosion and sediment control plan shall clearly
describe the appropriate erosion and sediment control BMPs for each
major land disturbing construction activity and the timing during
the period of land disturbing construction activity that the erosion
and sediment control BMPs will be implemented. The description of
erosion and sediment control BMPs shall include, when appropriate,
the following minimum requirements:
[1]
Description of interim and permanent stabilization practices,
including a BMP implementation schedule. The erosion and sediment
control plan shall ensure that existing vegetation is preserved where
attainable and that disturbed portions of the site are stabilized.
[2]
Description of structural practices to divert flow away from
exposed soils, store flows or otherwise limit runoff and the discharge
of pollutants from the site. Unless otherwise specifically approved
in writing by the City Engineer, structural measures shall be installed
on upland soils.
[3]
Management of overland flow at all areas of the construction
site, unless otherwise controlled by outfall controls.
[4]
Trapping of sediment in channelized flow.
[5]
Staging land disturbing construction activities to limit exposed
soil areas subject to erosion.
[6]
Protection of downslope drainage inlets where they occur.
[7]
Minimization of tracking at all vehicle and equipment entry
and exit locations of the construction site.
[8]
Clean up of off-site sediment deposits.
[9]
Proper disposal of building and waste material.
[10]
Stabilization of drainage ways.
[11]
Installation of permanent stabilization practices as soon as
possible after final grading.
[12]
Minimization of dust to the maximum extent practicable.
(f)
The erosion and sediment control plan shall require that velocity
dissipation devices be placed at discharge locations and along the
length of any outfall channel as necessary to provide a nonerosive
flow from the structure to a water course so that the natural physical
and biological characteristics and functions are maintained and protected.
(3)
Erosion and sediment control plan amendments. The applicant shall
amend the erosion and sediment control plan if any of the following
occur:
(a)
There is a change in design, construction, operation or maintenance
at the site which has the reasonable potential for the discharge of
pollutants to waters of the state and which has not otherwise been
addressed in the erosion and sediment control plan.
(b)
The actions required by the erosion and sediment control plan
fail to reduce the impacts of pollutants carried by construction site
runoff.
(c)
The City Engineer notifies the applicant of changes needed in
the erosion and sediment control plan.
L.
Fee schedule. Applicable fees referred to in other sections of this
ordinance shall be established by the Common Council and may from
time to time be modified by resolution. A schedule of any applicable
fees is established by the Administrative Fee Schedule.
M.
Inspection. If land disturbing construction activities are occurring
without a permit required by this ordinance, the City Engineer may
enter the land pursuant to the provisions of § 66.0119(1),
(2), and (3), Wis. Stats.
N.
Enforcement.
(1)
The City Engineer may post a stop work order if any of the following
occurs:
(2)
If the responsible party does not cease activity as required in a
stop work order posted under this section or fails to comply with
the erosion and sediment control plan or permit conditions, the City
Engineer may revoke the permit.
(3)
If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the City Engineer, or if a responsible party violates a stop work order posted under Subsection N(1), the City Engineer may request the City attorney to obtain a cease and desist order in any court with jurisdiction.
(5)
After posting a stop work order under Subsection N(1), the City Engineer may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this ordinance. The City Engineer may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the City Engineer, plus interest at the rate authorized by the City Engineer shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
(6)
Any person violating any of the provisions of this ordinance shall
be subject to a forfeiture of not less than [amount] nor more than
[amount] and the costs of prosecution for each violation. Each day
a violation exists shall constitute a separate offense.
(7)
Compliance with the provisions of this ordinance may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease and desist order before resorting
to injunctional proceedings.
O.
Appeals.
(1)
Board of Zoning. The board of zoning created pursuant to § 4.10 of the City's ordinances pursuant to § 62.23(7)(e), Wis. Stats.:
(a)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer in administering this ordinance except for cease and desist orders obtained under Subsection N(3).
(b)
May authorize, upon appeal, variances from the provisions of
this ordinance which are not contrary to the public interest and where
owing to special conditions a literal enforcement of the provisions
of the ordinance will result in unnecessary hardship; and
(c)
Shall use the rules, procedures, duties and powers authorized
by statute in hearing and deciding appeals and authorizing variances.
(2)
Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by any office, department, board, or bureau of
the City of South Milwaukee affected by any decision of the City Engineer.
P.
Severability. If a court of competent jurisdiction judges any section,
clause, provision or portion of this ordinance unconstitutional or
invalid, the remainder of the ordinance shall remain in force and
not be affected by such judgment.
[Amended 7-15-2008 by Ord. No. 1974]
A.
Statutory authorization; finding of fact; statement of purpose and
title.
(1)
Statutory authorization. This ordinance for flood plain protection
is adopted pursuant to the authorization contained in §§ 62.23
and 59.97 and 87.30, Wis. Stats.
(2)
Finding of fact. The uncontrolled use of the flood plains, rivers
or streams of the City of South Milwaukee, Wisconsin adversely affect
the public health, safety, convenience and general welfare and impairs
the tax base of the City.
(3)
Statement of purpose. The purpose of these rules is to provide a
uniform basis for the preparation, implementation and administration
of sound flood plain regulations for all flood plains in the City
of South Milwaukee to:
(a)
Protect life, health and property.
(b)
Minimize expenditures of public monies for costly flood control
projects.
(c)
Minimize rescue and relief efforts.
(d)
Minimize business interruptions.
(e)
Minimize damage to public facilities on the flood plains such
as water mains, sewer lines, streets and bridges.
(f)
Minimize the occurrence of future flood blight areas on flood
plains.
(g)
Discourage the victimization of unwary land and home buyers.
(h)
Prevent increases in flood heights that could increase flood
damage and result in conflicts between property owners.
(i)
Discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain.
(4)
Title. South Milwaukee Flood Plain Ordinance.
B.
General provisions.
(1)
Areas to be regulated. Areas regulated by this ordinance include
all lands, within the corporate limits of the City of South Milwaukee,
Wisconsin, that would be inundated by the "regional flood" defined
in the definitions of this ordinance.
(2)
Official maps: based off FIS. The boundaries of the flood plain districts
shall be those areas designated on the Flood Insurance Rate Maps (FIRMs)
prepared based on the Flood Insurance Study (FIS) report for Milwaukee
County, Wisconsin. The FIRMs for the City of South Milwaukee are identified
as Map Parcel Numbers 55079C0167E, 55079C0169E, 55079C0186E, 55079C0187E,
55079C0188E, 55079C0189E, effective date: September 26, 2008, and
are the Official Flood Plain Zoning Maps for the community approved
by the Department of Natural Resources and the Federal Emergency Management
Agency (FEMA), and are on file in the Office of the City Engineer.
(3)
Official maps and revisions. The boundaries of all floodplain districts
are designated as floodplains or A-Zones on the revisions in the FIRMs.
Any change to the base flood elevations (BFE) in the Flood Insurance
Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed
and approved by the DNR and FEMA before it is effective. No changes
to regional flood elevations (RFE's) on non-FEMA maps shall be effective
until approved by the DNR. These maps and revisions are on file in
the office of the City Engineer, City of South Milwaukee. If more
than one map or revision is referenced, the most restrictive information
shall apply.
(4)
Locating floodplain boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in Subsection B(4)(a) or (b) below. If a significant difference exists, the map shall be amended according to Subsection I. The zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning Administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the zoning Administrator and an applicant over the district boundary line shall be settled according to Subsection G(4)(c) and the criteria in Subsection B(4)(a) and (b) below.
(a)
If flood profiles exist, the map scale and the profile elevations
shall determine the district boundary. The regional or base flood
elevations shall govern if there are any discrepancies.
(b)
Where flood profiles do not exist, the location of the boundary
shall be determined by the map scale, visual on-site inspection and
any information provided by the Department.
|
Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to Subsection I(1)(f).
|
(5)
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this ordinance and obtain all necessary permits. State
agencies are required to comply if § 13.48(13), Wis. Stats.,
applies. The construction, reconstruction, maintenance and repair
of state highways and bridges by the Wisconsin Department of Transportation
is exempt when § 30.2022, Wis. Stats., applies.
(a)
Establishment of districts.
[1]
The flood plain areas within the jurisdiction of this ordinance
are hereby divided into three districts: The Floodway District (FW),
Flood Fringe Districts (FF), and General Flood Plain District (GFP)
defined as follows:
[a]
The Floodway District consists of the channel of
a stream and those portions of the flood plain adjoining the channel
that are required to carry and discharge the flood waters or flood
flows of any river or stream associated with the regional flood.
[b]
The Flood Fringe District consists of that portion
of the flood plain between the regional flood limits and the floodway
area.
[c]
The General Flood Plain District consists of the
land which has been or may be hereafter covered by flood water during
the regional flood and encompasses both the Floodway and Flood Fringe
Districts.
[2]
Within these districts, all uses not listed as permitted uses
shall be prohibited.
(b)
The flood plain boundary lines on the map shall be determined by the use of the scale appearing on the map. Where there is a conflict between the flood plain boundary illustrated on the map and actual field conditions, the dispute shall be settled according to Subsection G(4)(c) of this ordinance.
(c)
Compliance with the provisions of this ordinance shall not be grounds for the removal of lands from the flood plain district unless such lands are filled to a height of at least two feet above the elevation of the "regional flood" for the particular area and are contiguous to other lands lying outside the flood plain district, approval has been granted by the Department of Natural Resources pursuant to Subsection I of this ordinance, and where required, an "official letter of map amendment" has been issued by the Federal Emergency Management Agency.
(6)
Effect of flood plain district regulations. The regulations set forth in this ordinance for flood plain, flood fringe and floodway districts shall apply to all flood plains, flood fringes and floodways mapped on the "Official Flood Plain Zoning Map." [See definition of "Official Flood Plain Zoning Map" in Subsection K.]
(7)
Compliance. No new use or change in use of any structure, land or
water shall be located, extended, converted or structurally altered,
and no development as defined in this ordinance shall commence without
full compliance with the terms of this ordinance and other applicable
regulations.
(8)
Abrogation and greater restrictions.
(a)
This ordinance supersedes all the provisions of any municipal
zoning ordinance enacted under § 59.69, 59.692, or 59.694
for counties; § 62.23 for cities; § 61.35 for
villages; or § 87.30, Wis. Stats., which relate to floodplains.
If another ordinance is more restrictive than this ordinance, that
ordinance shall continue in full force and effect to the extent of
the greater restrictions, but not otherwise.
(b)
It is not otherwise intended by this ordinance to repeal, abrogate
or impair any existing deed restrictions, however, where this ordinance
imposes greater restrictions, the provisions of this ordinance shall
prevail.
(9)
Interpretation. In their interpretation and application, the provisions
of this ordinance are the minimum requirements liberally construed
in favor of the governing body and are not a limitation on or repeal
of any other powers granted by the Wisconsin Statutes. If a provision
of this ordinance, required by Ch. NR 116, Wis. Adm. Code, is unclear,
the provision shall be interpreted in light of the standards in effect
on the date of the adoption of this ordinance or in effect on the
date of the most recent text amendment to this ordinance.
(10)
Annexed areas for cities and villages. The Milwaukee County
floodplain zoning provisions in effect on the date of annexation shall
remain in effect and shall be enforced by the municipality for all
annexed areas until the municipality adopts and enforces an ordinance
which meets the requirements of Ch. NR 116, Wis. Adm. Code, and the
National Flood Insurance Program (NFIP). These annexed lands are described
on the municipality's official zoning map. County floodplain zoning
provisions are incorporated by reference for the purpose of administering
this section and are on file in the office of the municipal zoning
Administrator. All plats or maps of annexation shall show the regional
flood elevation and the location of the floodway.
(11)
General development standards. The community shall review all
permit applications to determine whether proposed building sites will
be reasonably safe from flooding. If a proposed building site is in
a flood-prone area, all new construction and substantial improvements
shall be designed or modified and adequately anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads; be constructed with materials resistant to
flood damage; be constructed by methods and practices that minimize
flood damages; and be constructed with electrical, heating, ventilation,
plumbing and air condition equipment and other service facilities
designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding. Subdivisions
shall be reviewed for compliance with the above standards. All subdivision
proposals (including manufactured home parks) shall include regional
flood elevation and floodway data for any development that meets the
subdivision definition of this ordinance.
(12)
Warning and disclaimer of liability. The degree of flood protection
intended to be provided by this ordinance is considered reasonable
for regulatory purposes and is based on engineering and scientific
methods of study. Larger floods may occur on rare occasions or the
flood height may be increased by man made or natural causes such as
ice jams and bridge openings restricted by debris. This ordinance
does not imply that areas outside flood plain zoning district boundaries
or land uses permitted within such districts will always be totally
free from flooding or flood damages nor shall this ordinance create
a liability on the part of or a cause of action against the City of
South Milwaukee or any officer or employee thereof for any flood damage
that may result from reliance on this ordinance.
(13)
Severability. If any section, clause, provision or portion of
this ordinance is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of this ordinance shall not
be affected thereby.
(14)
Special provisions applicable to all flood plain districts.
(a)
No developments shall be allowed in floodway areas which, acting alone or in combination with existing or future similar uses, cause an increase equal to or greater than 0.1 foot in height of the regional flood for any main stem, tributaries to the main stem of any stream, drainage ditches or any other drainage facilities. Said increase shall be calculated using an equal degree of hydraulic encroachment from the hydraulic floodway lines for a hydraulic reach on both sides of a river or stream. Increases equal to or greater than 0.1 foot may be permitted but only if amendments are made to this ordinance, the official floodway lines, water surface profile and flood plain zoning maps pursuant to Subsection I of this ordinance;
(b)
No developments in flood fringe areas shall materially affect the storage capacity of flood plains based upon an equal degree of hydrologic encroachment (volume of the storage area which is lost). For the purpose of this subsection, "materially" is defined as any increase in discharge of the regional flood which causes a rise in the water surface profile of 0.1 foot. Such development may be permitted only if amendments are made to this ordinance pursuant to Subsection I herein;
(c)
All subdivision proposals and other proposed new developments greater than 50 lots or five acres, whichever is the lesser, shall include within the means to provide adequate surface drainage and to minimize flood damage. Where the estimated cost of such development exceeds $75,000, and for all subdivision proposals, the applicant shall provide all necessary computations to show the effects of the proposal(s) on flood heights, velocities and flood plain storage. The provisions of Subsection G(6) shall apply hereto.
(e)
A map showing location and details of vehicular access to lands
outside the floodplain; and
(f)
A surface drainage plan showing how flood damage will be minimized.
(g)
Navigational and drainage aids such as channels, channel markers,
buoys and other such devices are permitted provided that prior to
any alteration or relocation of a watercourse, the City Administrator
shall notify adjacent communities, the Department of Natural Resources
and the Federal Emergency Management Agency (FEMA) and require the
applicant to secure necessary permits. The flood carrying capacity
within the altered or relocated portion of any water course shall
be maintained.
(i)
The zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of Subsection B(10) are met.
(j)
Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Subsection I.
|
Note: This section refers to obstructions or increases in base
flood elevations as shown on the officially adopted FIRM or other
adopted map. Any such alterations must be reviewed and approved by
FEMA and the DNR.
|
C.
Watercourse alterations. No land use permit to alter or relocate
a watercourse in a mapped floodplain shall be issued until the local
official has notified in writing all adjacent municipalities, the
Department and FEMA regional offices and required the applicant to
secure all necessary state and federal permits. The flood carrying
capacity of any altered or relocated watercourse shall be maintained.
As soon as is practicable, but not later than six months after the
date of the watercourse alteration or relocation, the zoning Administrator
shall notify FEMA of the changes by submitting appropriate technical
or scientific data in accordance with NFIP guidelines that shall be
used to revise the FIRM, risk premium rates and floodplain management
regulations as required.
D.
Regional Floodway District (FW).
(1)
Applicability. The provisions of this section shall apply to all areas within the Regional Floodway District as shown on the Official Flood Plain Zoning Maps and to the floodway portion of the General Flood Plain District as determined pursuant to Subsection G(6) of this ordinance.
(2)
Description of district. The Regional Floodway District shall include mapped floodway areas so designated on the Official Flood Plain Zoning Map [See definition in Subsection K] showing the regional flood limits which are based on the Flood Hazard Boundary Maps or Flood Insurance Study Maps prepared by the Federal Emergency Management Agency (FEMA). All such maps shall be approved by the Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
(3)
Permitted uses. The following open space uses having a low flood damage potential and not obstructing flood flows shall be permitted within the Floodway District and in the floodway portion of the General Flood Plain District provided that they are not prohibited by any other ordinance and provided further that they meet all of the standards contained in Subsection D(4) and an occupancy permit has been issued by the Building Inspector.
(a)
Nonstructural, industrial, commercial uses such as loading areas,
parking areas, airport landing strips.
(b)
Nonstructural private and public recreational uses such as golf
courses, tennis courts, driving ranges, archery ranges, picnic grounds,
boat launching ramps, swimming areas, parks, wildlife and nature preserves,
fish hatcheries, fishing areas and hiking trails.
(c)
Uses or structures accessory to open space uses.
(d)
Marinas, boat rentals, docks, piers, wharves.
(f)
Agricultural uses, such as: farming, outdoor plant nurseries,
horticulture, viticulture and wild crop harvesting.
(4)
Standards for developments.
(a)
Any development in floodway areas shall comply with Subsection B and have a low flood damage potential.
(b)
Applicants shall provide the following data to determine the effects of the proposal according to Subsection B:
(c)
The zoning Administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for Subsection D(4)(b)[2] above.
(e)
Structures which are accessory to permitted open space uses
or functionally dependent on a waterfront location may be permitted
providing the structures:
[1]
Are not designed for human habitation.
[2]
Have a low flood damage potential.
[3]
Are to be constructed and placed on the building site so as
to offer minimum obstruction to the flow of flood waters. Whenever
possible, structures will be constructed with the longitudinal axis
parallel to the direction of flow of flood waters and will be placed
with their longitudinal axes approximately on the same line as those
adjoining structures.
[4]
Are firmly anchored to prevent them from floating away and restricting
bridge openings or other restricted sections of the stream or river.
[5]
Have all service facilities such as electrical and heating equipment
at or above the flood protection elevation for the particular area.
(f)
Uses permitted by the Department of Natural Resources pursuant to Chs. 30 and 31, Wis. Stats., provided that the necessary permits are obtained and amendments approved by the City of South Milwaukee to the official floodway lines, water surface profiles, flood plain zoning maps and flood plain zoning ordinance.
(g)
Public utilities, streets and bridges provided that:
[1]
Adequate flood proofing measures are provided to the flood protection
elevation.
[2]
Construction shall not cause any increase of 0.1 foot or greater
in the height of the regional flood.
[3]
The City of South Milwaukee amends its water surface profiles,
flood plain zoning maps and flood plain zoning ordinances to reflect
any changes resulting from such ordinances. DNR and FEMA must approve
any amendments to water surface profiles, etc. prior to the amendment
becoming effective.
(h)
Fills or deposition of materials may be permitted provided that:
[2]
Fill or deposition of materials does not encroach on the channel area between the ordinary high water mark on each bank of the stream unless a permit has been granted by the Department of Natural Resources pursuant to Ch. 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344, has been issued, if applicable, and the other requirements of this section are met.
[3]
The fill or other materials will be protected against erosion
by riprap, vegetative cover, sheet piling and/or bulkheading sufficient
to prevent erosion and leachate.
(i)
The fill is not classified as a solid or hazardous material.
E.
Regional Flood Fringe District (FF).
(1)
Applicability. The provisions of this section shall apply to all areas within the Regional Flood Fringe District as shown on the official flood plain zoning maps and to those portions of the General Flood Plain District that are determined to be in the flood fringe area pursuant to Subsection G(6) of this ordinance.
(2)
Description of district. The Regional Flood Fringe District shall
include the "A" Zones so designated on the Official Flood Plain Zoning
Map showing the regional flood limits which are based on the Flood
Hazard Boundary Maps or Flood Insurance Study Maps prepared by the
Federal Emergency Management Agency. All such maps shall be approved
by the Department of Natural Resources and the Federal Emergency Management
Agency.
(3)
Permitted uses. The following uses shall be permitted uses within
the Flood Fringe District and flood fringe portions of the General
Flood Plain District.
(a)
Any structures, land use or development may be permitted to
the extent that they are not prohibited by this or any other ordinance
or any other federal, state or local regulations and provided that
an occupancy permit has been issued by the Building Inspector.
(4)
Standards for development in flood fringe areas.
(b)
Residential uses. Any habitable structure, including a manufactured
home, which is to be erected, constructed, reconstructed, altered,
or moved into the floodfringe area, shall meet or exceed the following
standards:
[1]
The elevation of the lowest floor, excluding the basement or
crawlway, shall be at or above the flood protection elevation on fill.
The fill shall be one foot or more above the regional flood elevation
extending at least 15 feet beyond the limits of the structure. The
Department may authorize other floodproofing measures if the elevations
of existing streets or sewer lines makes compliance with the fill
standards impractical;
[2]
The basement or crawlway floor may be placed at the regional
flood elevation if it is floodproofed to the flood protection elevation.
No basement or crawlway floor is allowed below the regional flood
elevation;
[3]
Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection E(4)(b)[4].
[4]
In developments where existing street or sewer line elevations make compliance with Subsection E(4)(b)[3] impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:
[a]
The municipality has written assurance from police,
fire and emergency services that rescue and relief will be provided
to the structure(s) by wheeled vehicles during a regional flood event;
or
[b]
The municipality has a natural disaster plan approved
by Wisconsin Emergency Management and the Department.
(c)
Accessory structures or uses.
[1]
Except as provided in Subsection E(4)(b)[2], an accessory structure which is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation.
[2]
An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and it meets all of the provisions of Subsection E(4)(e) and E(5)(d).
(d)
Commercial. In commercial areas, any structure or building which is to be erected, constructed, reconstructed, added to or moved into the flood fringe area shall meet the requirements of Subsection D(4)(b)[1]. Certain yards, parking lots and other accessory land uses may be at lower elevations if an adequate warning system exists to protect life and property. However, no such area in general use by the public shall be inundated to a depth greater than two feet or subjected to flood velocities greater than four feet per second upon the occurrence of the regional flood.
(e)
Public utilities, streets and bridges. All utilities, streets
and bridges shall be designed to be compatible with comprehensive
floodplain development plans; and
[1]
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with Subsection G(6) to the flood protection elevation;
[2]
Minor roads or non-essential utilities may be constructed at
lower elevations if they are designed to withstand flood forces to
the regional flood elevation.
(f)
Sewage systems. All on-site sewage disposal systems shall be floodproofed, pursuant to Subsection G(6), to the flood protection elevation and shall meet the provisions of all local ordinances and Ch. COMM 83, Wis. Adm. Code.
(g)
Wells. All wells shall be floodproofed, pursuant to Subsection G(6), to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
(h)
Solid waste disposal sites. Disposal of solid or hazardous waste
is prohibited in floodfringe areas.
(i)
Deposition of materials. Any deposited material must meet all
the provisions of this ordinance.
(j)
Manufactured homes.
(k)
Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in Subsection E(4)(j). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached addition.
(l)
Manufacturing and industrial. Manufacturing and industrial buildings, structures and accessory uses shall be elevated or flood proofed in accordance with Subsection F(5) to two feet above the regional flood elevation. Measures shall be taken to minimize interference with normal plant operations especially for streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be lower elevations subject to requirements set out in Subsection E(4)(d).
(m)
The storage or processing of materials that are buoyant, flammable, explosive, or which in times of flooding could be injurious to human, animal, or plant life, shall be at or above the flood protection elevation for the particular area or flood proofed in compliance with Subsection G(6) of this ordinance.
(n)
Utilities. Construction and substantial improvements to utilities
may be permitted provided that they are flood proofed to the flood
protection elevation pursuant to Subsection F(5).
(o)
Permitted uses. Pursuant to Subsection G(6), it shall be determined whether the proposed use is located within a floodway or floodfringe area. Those uses permitted in floodway Subsection D(3) and floodfringe areas Subsection E(3) are allowed within the general floodplain district, according to the standards of Subsection D(4), provided that all permits or certificates required under Subsection G(1) have been issued.
F.
Nonconforming uses.
(1)
General. Insofar as the standards in this section are not inconsistent
with the provisions of § 62.23(7)(h), Wis. Stats., they
shall apply to all nonconforming uses. The existing lawful use of
structure or building or its accessory use or accessory structure
which is not in conformity with the provisions of this ordinance may
be continued subject to the following conditions:
(a)
No modifications or additions to a nonconforming use shall be
permitted unless they are made in conformity with the provisions of
this section. For the purposes of this section, the words "modification"
and "addition" shall include but not be limited to any alteration,
addition, modification, rebuilding or replacement of any such existing
structure or accessory use. Ordinary maintenance repairs are not considered
structural repairs, modifications or additions; such ordinary maintenance
repairs include internal and external painting, decorating, paneling
and the replacement of doors, windows and other nonstructural components
and the maintenance, repair or replacement of existing private sewage
or water supply systems or connections to public utilities. Ordinary
maintenance repairs do not include any costs associated with the repair
of a damaged structure. The construction of a deck that does not exceed
200 square feet and that is adjacent to the exterior wall of a principal
structure is not an extension, modification or addition. The roof
of the structure may extend over a portion of the deck in order to
provide safe ingress and egress to the principal structure.
(b)
If a nonconforming use is discontinued for 12 consecutive months,
any future use of the structure or building shall conform with the
appropriate provisions of this ordinance for floodway and flood fringe
areas.
(c)
The municipality shall keep a record which lists all nonconforming
uses and nonconforming structures, their present equalized assessed
value, the cost of all modifications or additions which have been
permitted, and the percentage of the structure's total current value
those modifications represent;
(d)
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with Subsection E(4)(b). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph;
(e)
Except as provided in Subsection E(4)(b), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition exceeds 50% of the structure's present equalized assessed value.
(f)
For nonconforming buildings that are damaged or destroyed by
a nonflood disaster, the repair or reconstruction of any such nonconforming
building may be permitted in order to restore it after the nonflood
disaster, provided that the nonconforming building will meet all of
the minimum requirements under applicable FEMA regulations (44 CFR
Part 60), or the regulations promulgated thereunder.
(g)
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with Subsection D(4), flood resistant materials are used, and construction practices and floodproofing methods that comply with Subsection G(6) are used.
(2)
Floodway areas.
(a)
No modifications or additions shall be allowed to any existing
structures which are not in compliance with permitted floodway standards
or uses unless such modifications or additions meet all of the following
criteria:
[1]
The modifications or additions to a structure will not increase the amount of obstruction to flood flows pursuant to Subsection D(4) of this ordinance.
[2]
Any addition to a structure shall be flood proofed, pursuant
to Subsection F(4) by means other than the use of fill to the flood
protection elevation.
[3]
No structural repairs, modifications or additions to a structure
which are equal to or exceed over the life of the structure 50% of
its equalized assessed value shall be allowed unless the entire structure
is permanently changed to a conforming use.
[4]
If any nonconforming structure is destroyed or is so badly damaged
that it cannot be practically restored, it cannot be replaced, reconstructed
or rebuilt unless permanently changed to a conforming use. For the
purposes of this subsection, restoration is deemed impractical where
the total cost of such restoration would be equal to or exceed, over
the life of the structure, 50% of its equalized assessed value.
[5]
Will not increase the obstruction to flood flows or regional
flood height.
[6]
If any part of the foundation below the flood protection elevation
is enclosed, the following standards shall apply:
[a]
The enclosed area shall be designated by a registered
architect or engineer to allow for the efficient entry and exit of
flood waters without human intervention. A minimum of two openings
must be provided with a minimum net area of at least one square inch
for every one square foot of the enclosed area. The lowest part of
the opening can be no more than 12 inches above the adjacent grade;
[b]
The parts of the foundation located below the flood
protection elevation must be constructed of flood-resistant materials.
[c]
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation; and
[d]
The use must be limited to parking or limited storage.
[7]
No new on-site sewage disposal system, or addition to an existing
on-site sewage disposal system except where an addition has been ordered
by a government agency to correct a hazard to public health, shall
be allowed in a floodway area. Any replacement, repair or maintenance
of an existing on-site sewage disposal system in a floodway area shall
meet the applicable requirements of all municipal ordinances and Ch.
COMM 83, Wis. Adm. Code.
[8]
No new well or modification to an existing well used to obtain
potable water shall be allowed in a floodway area. Any replacement,
repair or maintenance of an existing well in a floodway area shall
meet the applicable requirements of all municipal ordinances and Chs.
NR 811 and NR 812, Wis. Adm. Code.
(3)
Flood fringe areas.
(a)
All modifications or additions to any nonconforming structure which do not exceed 50% of its assessed value shall be protected by flood proofing measures pursuant to Subsection F(5) of this ordinance. No structural modification or addition to any nonconforming structure, which over the life of the structure exceeds 50% of its assessed value, shall be allowed unless the entire structure is permanently changed to a conforming use. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in Subsection E(4), except where Subsection F(3)(b) is applicable.
(b)
Where compliance with the provisions of Subsection F(3)(a) above would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedures established in Subsection G(4), may grant a variance from those provisions of Subsection F(3)(a) for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
[1]
No floor is allowed below the regional flood elevation for residential
or commercial structures;
[2]
Human lives are not endangered.
[3]
Public facilities such as water or sewer are not to be installed.
[4]
Flood depths may not exceed two feet.
[5]
Flood velocities will not exceed two feet per second.
(c)
If a variance is granted, the community shall notify the property
owner that increased flood insurance premiums may result.
(d)
(e)
All new private sewage disposal systems, or addition to, replacement,
repair or maintenance of a private sewage disposal system shall meet
all the applicable provisions of all local ordinances and Ch. COMM
83, Wis. Adm. Code.
(f)
All new wells, or addition to, replacement, repair or maintenance
of a well shall meet the applicable provisions of this ordinance and
Chs. NR 811 and NR 812, Wis. Adm. Code.
G.
Administration. This ordinance provides for the appointment of appropriate boards and staff and the development of necessary policies and procedures to administer the Flood Plain Zoning Ordinance in accordance with this section. The Board of Appeals appointed under § 15.18 of the South Milwaukee Municipal Code pursuant to the provisions of § 62.23(7), Wis. Stats., shall administer the Flood Plain Zoning Ordinance.
(1)
The City Administrator and the Building Inspector shall exercise
the following duties and powers:
(a)
Advise applicants as to the provisions of this ordinance and
assist them in preparing permit applications.
(b)
Issue permits and inspect properties for compliance with this
ordinance and issue Certificates of Compliance when appropriate.
(c)
Inspect all damaged floodplain structures and perform a substantial
damage assessment to determine if substantial damage to the structures
has occurred.
(d)
Keep the official records of:
[1]
All water surface profiles, flood plain zoning maps, flood plain
zoning ordinances, nonconforming uses and structures and changes thereto,
permit applications, permits, appeals, variances and amendments, records
of water surface profiles, related to the Flood Plain Zoning Ordinance.
[2]
All substantial damage assessment reports for floodplain structures.
(e)
Submit copies of the following items to the Department Regional
office:
[1]
Within 10 days of the decision, a copy of any decisions on variances,
appeals for map or text interpretations, and map or text amendments;
[2]
Copies of any case-by-case analyses, and any other information
required by the Department including an annual summary of the number
and types of floodplain zoning actions taken.
[3]
Copies of substantial damage assessments performed and all related
correspondence concerning the assessments.
(f)
Submit copies of any required data, variances, amendments, case-by-case
analyses, annual reports and any other required information to the
Department of Natural Resources. An annual summary showing only the
number and types of zoning actions taken by the county, City or village
shall be submitted to that department by the City Administrator.
(g)
Investigate, prepare reports and report violations of the Flood
Plain Zoning Ordinance to the Ordinances and Legislation Committee
and to the City Attorney with copies to the Regional district office
of the Department of Natural Resources.
(h)
Submit copies of map and text amendments and biennial reports
to the Federal Emergency Management Agency.
(i)
Maintain on file a list of all documentation of certified elevations.
(j)
Administrative procedures.
[1]
Occupancy permit. An occupancy permit shall be obtained from
the Building Inspector before any new land use, change in use or development
as defined in Subsection K(1)(l), subject to the provisions of this
ordinance may be initiated. An application for an occupancy permit
shall be made to the Building Inspector upon forms furnished and shall
include, for the purpose of proper enforcement of these regulations,
the following data:
[a]
Name and address of the applicant and property
owner; legal description of the property and type of proposed area;
a sketch showing the dimensions of the lot and locations of buildings
from lot line, center line of abutting highways and high-water mark
of any abutting watercourse.
[2]
Certificate of compliance. No development as defined in this
chapter shall take place, no vacant land in the flood plain shall
be occupied or used and no building hereafter erected, altered or
moved, shall be occupied until the applicant obtains an Occupancy
Permit from the Building Inspector. The Building Inspector shall require
that the applicant submit a certification by a registered professional
engineer or architect that the finished fill and building floor elevations
and other flood plain regulatory factors were accomplished in compliance
with appropriate flood plain zoning provisions and other flood plain
regulations. The applicant shall submit such certification for all
new construction and substantial improvements. Upon written request
from the owner, the Building Inspector shall issue an Occupancy Permit
for any building or premises existing at the time of the adoption
of this ordinance certifying, after inspection, the extent and type
of use made of the building or premises and whether or not such use
conforms to the provisions for this ordinance.
[3]
Other permits. It is the responsibility of the applicant to
secure all other necessary permits from all appropriate federal, state
and local agencies, including those required under Section 404 of
the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C.
§ 1344.
(2)
Land use permits. A land use permit shall be obtained before any
new development or any structural repair or change in the use of a
building or structure, including sewer and water facilities, may be
initiated. Application to the zoning Administrator shall include:
(b)
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
[1]
Location, dimensions, area and elevation of the lot;
[2]
Location of the ordinary highwater mark of any abutting navigable
waterways;
[3]
Location of any structures with distances measured from the
lot lines and street center lines;
[4]
Location of any existing or proposed on-site sewage systems
or private water supply systems;
[5]
Location and elevation of existing or future access roads;
[6]
Location of floodplain and floodway limits as determined from
the official floodplain zoning maps;
[7]
The elevation of the lowest floor of proposed buildings and
any fill using the vertical datum from the adopted study- either National
Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
(c)
Data requirements to analyze developments.
[1]
The applicant shall provide all survey data and computations
required to show the effects of the project on flood heights, velocities
and floodplain storage, for all subdivision proposals, as "subdivision"
is defined in § 236, Wis. Stats., and other proposed developments
exceeding five acres in area or where the estimated cost exceeds $125,000.
The applicant shall provide:
[2]
The estimated cost of the proposal shall include all structural
development, landscaping, access and road development, utilities,
and other pertinent items, but need not include land costs.
(d)
Expiration. All permits issued under the authority of this ordinance
shall expire 30 days after issuance.
(3)
The Ordinances and Legislation Committee shall be appointed and given
the duties and powers to:
(4)
Board of appeals. The appropriate board created under § 62.23(7), Wis. Stats., and § 15.18 of the Municipal Code is hereby authorized to act as the Board of Appeals. The Zoning Administrator may not act as secretary to the Board. The powers of the Board of Appeals shall be pursuant to § 62.23(7), Wis. Stats.
(a)
Appeals to the Board. Appeals to the Board of Appeals may be
taken by any person aggrieved or by any officer, department, board
or bureau of the City affected by any decision of the Building Inspector.
Such appeal shall be taken within a reasonable time, as provided by
the rules of the Board by filing with the Building Inspector and with
the Board of Appeals a notice of appeal specifying the grounds thereof.
The Building Inspector shall forthwith transmit to the Board all the
papers constituting the record upon which the action appealed from
was taken.
(b)
Hearing appeals.
[1]
The Board of Appeals shall fix a reasonable time for the hearing
of the appeal, give public notice thereof by publishing in the official
newspaper of the City of South Milwaukee, a Class II notice pursuant
to Ch. 985, Wis. Stats., specifying the date, time and place of hearing
and the matters to come before the Board; as well as mailed notices
to the parties at interest. The Board must assure that notice shall
be mailed to the parties in interest and the Departmental Regional
office at least 10 days in advance of the hearing.
[3]
A decision regarding the appeal shall be made as soon as practicable.
[4]
The final disposition of an appeal or application to the Board
of Appeals shall be in the form of a written resolution or order signed
by the Secretary of the Board. Such resolution shall state the specific
facts which are the basis for the Board's determination and shall
either affirm, reverse, vary or modify the order, requirement, decision
or determination appealed, in whole or in part, dismiss the appeal
for the lack of jurisdiction or prosecution, or grant the application.
The final decision regarding the appeal or variance application shall
include the reasons for granting an appeal, describing the hardship
demonstrated by the applicant in the case of a variance, clearly stated
in the recorded minutes of the Board proceedings.
[5]
A copy of all decisions by the Board of Appeals shall be sent
to the Department Regional office within 10 days of the decision.
(c)
Mapping and boundary disputes. The Board may hear and decide
disputes concerning the district boundaries shown on the official
floodplain zoning map. The following procedures shall be used by the
Zoning Board of Appeals in disputes of a flood plain zoning district
boundary:
[1]
Flood district boundaries. When the location of the flood plain or floodway district boundary is established by experience flood maps or engineering studies pursuant to Subsection D(2) or E(2) of this ordinance, the flood elevations or "flood profiles" for the point in question shall be the governing factor in locating the district boundary. If no elevation or profiles are available to the board, any other available evidence may be examined.
[2]
In all cases, the person contesting the location of the district
boundary shall be given a reasonable opportunity to present his case
to the Board of Appeals and if he chooses, submit his own technical
evidence. The Board shall not allow deviations from the boundary line
as mapped unless the evidence clearly and conclusively establishes
that the mapped location of the line is incorrect, approval has been
granted by the Department of Natural Resources, and an official letter
of map amendment has been issued by the Federal Emergency Management
Agency.
(d)
Variance. The Board may hear and decide, upon appeal, variances
from the ordinance standards. Any deviation from the standards of
this ordinance for which a permit has been denied by the Building
Inspector may be allowed only upon written request for a variance
submitted to the Building Inspector, Public Hearing and issuance of
a variance from the Board of Appeals. The board may authorize in specific
cases such variance from the terms of the ordinance as will not be
contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of this ordinance would result
in unnecessary hardship. A variance:
[1]
Shall be consistent with the spirit and intent of this Flood
Plain Zoning Ordinance.
[2]
Shall not permit any changes in established flood elevations
or profiles.
[3]
Shall not be granted for a use that is common to a group of
adjacent lots or premises. (In such a case, the Zoning Ordinance would
have to be amended through proper procedure.)
[4]
Shall not be granted unless it is shown that the variance will
not be contrary to the public interest or damaging to the rights of
other persons or property values in the area.
[5]
Shall not be granted for actions which require an amendment
to the Flood Plain Zoning Ordinance.
[6]
Shall not have the effect of allowing or expanding a use or
structure which is prohibited in the zoning district by the Flood
Plain Zoning Ordinance.
[7]
Shall not be granted solely on the basis of economic gain or
loss.
[8]
Shall not be granted for a self-created hardship.
[9]
Variances can only be granted for lots that are less than 1/2
acre and are contiguous to existing structures constructed below the
RFE;
[10]
Variances shall only be granted upon a showing of good and sufficient
cause, shall be the minimum relief necessary, shall not cause increased
risks to public safety or nuisances, shall not increase costs for
rescue and relief efforts and shall not be contrary to the purpose
of the ordinance.
[11]
When a floodplain variance is granted the Board shall notify
the applicant in writing that it may increase flood insurance premiums
and risks to life and property. A copy shall be maintained with the
variance record.
(e)
To review appeals of permit denials:
[1]
[3]
For appeals concerning increases in regional flood elevation
the Board shall:
[a]
Uphold the denial where the Board agrees with the
data showing an increase in flood elevation. Increases equal to or
greater than 0.01 foot may only be allowed after amending the flood
profile and map and all appropriate legal arrangements are made with
all adversely affected property owners.
[b]
Grant the appeal where the Board agrees that the
data properly demonstrates that the project does not cause an increase
equal to or greater than 0.01 foot provided no other reasons for denial
exist.
(5)
Procedures for determining floodway and flood fringe limits.
(a)
Applicability. When any developments are proposed within a General
Flood Plain District, a determination shall be made to establish the
boundaries of the floodway and determine whether floodway or flood
fringe uses apply, and where applicable, to determine the regional
flood elevation.
(b)
Upon receiving an application for development, the Building
Inspector shall:
[1]
Require the applicant to submit, at the time of application,
two copies of an aerial photograph or a plan which accurately locates
the flood plain proposal with respect to the flood plain district
limits, channel of stream, existing flood plain developments, together
with all pertinent information such as the nature of the proposal,
legal description of the property, fill limits and elevations, building
floor elevations and flood proofing measures.
[2]
Require the applicant to furnish any of the following additional
information as is deemed necessary by the Department of Natural Resources
for evaluation of the effects of the proposal upon flood flows and
to determine the boundaries of the floodway and, where applicable,
the regional flood elevation:
[a]
A typical valley cross-section showing the channel
of the stream, the flood plain adjoining each side of the channel,
cross-sectional area to be occupied by the proposed development and
high water information.
[b]
Plan (surface views) showing elevations or contours
of the ground, pertinent structure, fill or storage elevations; size,
location and spatial arrangement of all proposed and existing structures
on the site, location and elevations of streets, water supply, sanitary
facilities, soil types and other pertinent information.
[c]
Profile showing the slope of the bottom of the
channel of flow line of the stream.
[d]
Specifications for building construction and materials,
flood proofing, filling, dredging, channel improvement, storage of
materials, water supply and sanitary facilities.
[3]
Transmit one copy of the information described in Subsection G(5)(b)[1] and [2] to the Department of Natural Resources along with a written request to have that agency provide technical assistance to establish floodway boundaries and, where applicable, provide regional flood elevation. Where the provisions of Subsection B(19) of this ordinance apply, the applicant shall provide all required information and computations.
(6)
Flood proofing. Flood proofing measures such as the following shall be designed consistent with the flood protection elevation for the particular area as described in the definition of "flood protection elevation" in Subsection K(1) to withstand the flood velocities, forces and other factors associated with the flood protection elevation. The applicant shall submit a plan or document certified by a registered professional engineer or architect the flood proofing measures are adequately designed to protect to the flood protection elevation for the particular area. All flood proofing shall provide anchorage to resist flotation and lateral movement. Other flood proofing measures may include:
(a)
Installation of watertight doors, bulkheads and shutters.
(b)
Reinforcement of walls and floors to resist pressures.
(d)
Addition of mass or weight to structures to prevent flotation.
(e)
Placement of essential utilities above the flood protection
elevation.
(f)
Pumping facilities and/or subsurface drainage systems for buildings
to relieve external foundation wall and basement floor pressures and
to lower water levels in structures.
(g)
Construction of water supply and waste treatment systems to
prevent the entrance of flood water.
(h)
Construction to resist rupture or collapse caused by water pressure
or floating debris.
(i)
Cutoff valves on sewer lines or the elimination of gravity flow
basement drains.
I.
Amendments.
(1)
General. The Common Council of the City of South Milwaukee, Wisconsin
may from time to time alter, supplement or change the boundaries of
use districts and regulations contained in the ordinance in the manner
provided by law. Official amendments are required for any changes
in the official floodway lines, water surface profiles, flood plain
zoning maps or Flood Plain Zoning Ordinance. Actions which require
an amendment include, but are not limited to, the following:
(a)
Any change in the official floodway lines or in the boundary
of the flood plain area.
(b)
Settlement of conflicts between the water surface profiles and flood plain zoning maps in accordance with Subsection G(4)(c) of this ordinance.
(c)
Any fill or encroachment into the floodway which will result
in raising the elevation of an area in the floodway to a height at
or above the area elevation of the regional flood.
(d)
Any fill or encroachment that will cause a change equal to or
greater than 0.1 foot in the water surface profiles of the regional
flood.
(e)
Any upgrading of Flood Plain Zoning Ordinances required by law.
(f)
All channel relocations and changes to the maps to alter floodway
lines or to remove an area from the floodway or the floodfringe that
is based on a base flood elevation from a FIRM requires prior approval
by FEMA.
(2)
Amendment procedure. Copies of any amendment proposed to the Common
Council shall be referred to the City Plan Commission which shall
be forwarded, together with the first notice of the Public Hearing
thereon, to the main office and appropriate district office of the
Department of Natural Resources and of the Federal Emergency Management
Agency. The amendment procedure shall comply with provisions of § 62.23,
Wis. Stats. No amendment to the text or maps shall become effective
until approved by the Department of Natural Resources, the Federal
Emergency Management Agency and, in the case of map amendments, until
an official letter of map amendment has been issued by the Federal
Emergency Management Agency.
J.
Enforcement and penalties. Any violations of the provisions of this
ordinance by any person, firm, association, corporation (including
building contractors) or his or their agent, shall be unlawful and
shall be forwarded to the City Attorney who shall expeditiously prosecute
all such violators. A violator shall, upon conviction, forfeit to
the City of South Milwaukee a penalty of not less than $50 and not
more than $200 together with the cost of such action. Each day such
violation exists shall constitute a separate offense. Every violation
of this ordinance is a public nuisance and the creation thereof may
be enjoined and the maintenance thereof may be abated by action at
suit of the City of South Milwaukee, state or any citizen thereof
pursuant to § 87.30, Wis. Stats.
K.
Definitions.
(1)
A ZONES
ACCESSORY USE
BASE FLOOD
BASE FLOOD ELEVATION
BASEMENT
BOARD OF APPEALS
BULKHEAD LINE
CERTIFICATE OF COMPLIANCE
CHANNEL
CRAWLWAYS or CRAWL SPACE
DECK
DEVELOPMENT
DRYLAND ACCESS
ENCROACHMENT
ENCROACHMENTS/FLOODWAY LINES
EQUAL DEGREE OF HYDRAULIC ENCROACHMENT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD FREQUENCY
FLOOD FRINGE
FLOOD HAZARD BOUNDARY MAP
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD INSURANCE STUDY MAP
FLOOD or FLOODING
FLOOD PLAIN
FLOOD PROFILE
FLOOD PROOFING
FLOOD PROTECTION ELEVATION
FLOODWAY
FREEBOARD
HABITABLE STRUCTURE
HISTORIC STRUCTURE
LAND USE
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
NONCONFORMING STRUCTURE
NONCONFORMING USE
NORTH AMERICAN VERTICAL DATUM (NAVD)
OFFICIAL FLOOD PLAIN ZONING MAP
OFFICIAL LETTER OF MAP AMENDMENT
REACH - HYDRAULIC
REGIONAL FLOOD
START OF CONSTRUCTION
STORAGE CAPACITY OF A FLOOD PLAIN
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNNECESSARY HARDSHIP
UTILITIES
VARIANCE
VIOLATION
WATER SURFACE PROFILE
WATERSHED
WELL
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the same meaning
as they have at common law and to give this ordinance its most reasonable
application.
Those areas shown on a community's "Official Flood Plain
Zoning Map" which would be inundated by the "base flood" or "regional
flood" as defined herein. These areas are designated on the map as
"A" Zones. The "A" Zones may or may not be reflective of flood profiles
depending on the availability of data for a given area.
An accessory use is any facility, structure, building or
use which is accessory or incidental to the principal use of a property,
structure or building.
A flood having a one-percent chance of being equaled or exceeded
in any given year. (See also Regional Flood)
An elevation equal to that which reflects the height of the
base flood as defined in the definition of "base flood" above.
Any enclosed area of a building having its floor sub-grade,
i.e., below ground level, on all sides.
The body established under § 62.23(7), Wis. Stats.,
and designated as the "Board of Appeals."
A geographic line along a reach of navigable body of water
that has been adopted by a municipal ordinance and approved by the
Department of Natural Resources pursuant to § 80.11, Wis.
Stats., and which allows complete filling on the landward side except
where such filling is prohibited by the floodway provisions of this
ordinance.
A certification by the Building Inspector that a structure,
use of development is in compliance with all provisions of this ordinance.
A channel is a natural or artificial watercourse with definite
bed and banks to confine and conduct the normal flow of water.
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for access to plumbing
and electrical utilities.
An unenclosed exterior structure that has no roof or sides,
but has a permeable floor which allows the infiltration of precipitation.
Any artificial change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or alterations
to buildings, structures or accessory structures; the repair of any
damaged structure or the improvement or renovation of any structure,
regardless of percentage of damage or improvement; the placement of
buildings or structures; subdivision layout and site preparation;
mining, dredging, filling, grading, paving, excavation or drilling
operations; the storage, deposition or extraction of materials or
equipment; and the installation, repair or removal of public or private
sewage disposal systems or water supply facilities.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
outside the floodplain, such as a road with its surface above regional
flood elevation and wide enough for wheeled rescue and relief vehicles.
An encroachment is any fill, structure, building, accessory
use, use or development in the floodway.
Encroachment lines are limits of obstruction to flood flows.
These lines are on both sides and generally parallel to the stream.
The lines are established by assuming that the area landward (outside)
of the encroachment lines will be ultimately developed in such a way
that it will not be available to convey flood flows.
The effect of any encroachment into the floodway must be
computed by assuming an equal degree of hydraulic encroachment on
the other side of a river or stream for a significant hydraulic reach.
This computation assures that property owners up, down or across the
river of hydraulic encroachment. Encroachments are analyzed on the
basis of the effect upon hydraulic conveyance but upon the distance
the encroachment extends into the floodway.
The federal agency that administers the National Flood Insurance
Program.
The probability of a flood occurrence which is determined
from statistical analyses. The frequency of a particular flood event
is usually expressed as occurring, on the average once in a specified
number of years or as a percent chance of occurring in any given year.
The flood fringe is that portion of the flood plain outside
of the floodway which is covered by flood waters during the regional
flood; it is generally associated with standing water rather than
rapidly flowing water.
A map prepared by the Federal Emergency Management Agency,
designating areas of special flood hazard within a given community.
Flood hazard areas are designated as "A" Zones. Said map forms the
basis for both the regulatory and insurance aspects of the National
Flood Insurance Program.
A map of a community on which the Federal Insurance Administration
has delineated both special flood hazard areas (the floodplain) and
the risk premium zones applicable to the community. This map can only
be amended by the Federal Emergency Management Agency.
A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A-Zones.
Flood Insurance Rate Maps, that accompany the Flood Insurance Study,
form the basis for both the regulatory and the insurance aspects of
the National Flood Insurance Program.
A map prepared by the Federal Emergency Management Agency,
designating areas of special flood hazard and flood insurance rate
zones for a given community. Flood hazard and insurance rate zones
are designated as "A" Zones. Said map forms the basis for the regulatory
and/or the insurance aspects of the National Flood Insurance Programs.
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by one of the following
conditions:
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a)
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The overflow or rise of inland waters,
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b)
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The rapid accumulation or runoff of surface waters from any
source,
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c)
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The inundation caused by waves or currents of water exceeding
anticipated cyclica levels along the shore of Lake Michigan or Lake
Superior, or
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d)
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The sudden increase caused by an unusually high water level
in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a seiche, or by some similarly
unusual event.
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The flood plain is the land which has been or may be hereafter
covered by flood water during the regional flood. The flood plain
includes the floodway and the flood fringe.
A graph or longitudinal profile showing the relationship
of the water surface elevation of a flood event to locations along
a stream or river.
Flood proofing involves any combination of structural provisions,
changes or adjustments to properties and structures subject to flooding,
primarily for the purpose of reducing or eliminating flood damage
to properties, water and sanitary facilities, structures and contents
of buildings in flood hazard areas.
The flood protection elevation shall correspond to a point
two feet of freeboard above the water surface profile associated with
the regional flood and the official floodway lines. Also see "Freeboard."
The floodway is the channel of a river or stream and those
portions of the flood plain adjoining the channel required to carry
and discharge the flood water or flood flows associated with the regional
flood.
"Freeboard" is a factor of safety usually expressed in terms
of a certain amount of feet above a calculated flood level. Freeboard
compensates for the many unknown factors that contribute to flood
heights greater than the height calculated. These unknown factors
include but are not limited to ice jams, debris openings and floodways,
the effects of urbanization on the hydrology of the watershed, loss
of flood storage areas due to development and aggradation of the river
or stream bed.
Any structure or portion thereof used or designed for human
habitation.
Any structure that is either:
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a)
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Listed individually on the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register,
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b)
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Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district,
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c)
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Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior, or
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d)
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Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program, as determined by the
Secretary of the Interior; or by the Secretary of the Interior in
states without approved programs.
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Any "development" as defined in Subsection K(1)(l).
Elevations referenced to mean sea level datum, 1929 adjustment.
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of floodplain zoning regulations adopted by this
community and includes any subsequent improvements to such structures.
For the purpose of determining flood insurance rates, it includes
any structures for which the "start of construction" commenced on
or after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures.
An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this
ordinance for the area of the floodplain which it occupies. (For example,
an existing residential structure in the floodfringe district is a
conforming use. However, if the lowest floor is lower than the flood
protection elevation, the structure is nonconforming.)
A nonconforming use is an existing lawful use of a structure,
building or accessory use which is not in conformity with the provisions
of the Flood Plain Zoning Ordinance for the area of the flood plain
which it occupies.
Elevations referenced to mean sea level datum, 1988 adjustment.
That map, adopted and made part of this ordinance, which
has been approved by the Department of Natural Resources and the Federal
Emergency Management Agency and which delineates those areas which
would be inundated by the base or regional flood, including but not
limited to, numbered and unnumbered "A" Zones and where applicable,
floodways.
Official notification from the Federal Emergency Management
Agency that a Flood Hazard Boundary Map or Flood Insurance Study Map
has been amended.
A hydraulic reach along a river or stream is that portion
of the river of stream extending from one significant change in the
hydraulic character of the river or stream to the next significant
change. These changes are usually associated with breaks in the slope
of the water surface profile, and may be caused by bridges, dams,
expansion and contraction of the water flow, and changes in stream
bed slope or vegetation.
The regional flood is a flood determined to be representative
of large floods known to have generally occurred in Wisconsin and
which may be expected to occur on a particular stream because of like
physical characteristics. The flood frequency of the regional flood
is once every 100 years; this means that in any given year, there
is a 1% chance that the regional flood may occur or be exceeded. During
a typical thirty-year mortgage period, the regional flood has a 26%
change of occurrence.
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond
initial excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling, nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For an alteration, the actual start
of construction means the first alteration of any wall, ceiling, floor
or other structural part of a building, whether or not the alteration
affects the external dimensions of the building.
The volume of space above an area of flood plain land that
can be occupied by flood water of a given stage at a given time regardless
of whether the water is moving.
Anything constructed or erected, the use of which requires
a permanent or temporary location on or in the ground, stream bed
or lake bed, which includes but is not limited to objects such as
buildings, factories, sheds and cabins, mobile homes, gas or liquid
storage tanks, bridges or culverts.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its pre-damaged condition would
equal or exceed 50% of the equalized assessed value of the structure
before the damage occurred.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the assessed value of the
structure, either before the improvement or repair is started, or
if the structure has been damaged and is being restored, before the
damage occurred. The term does not, however, include either: (a) Any
project for state or local health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions, or (b),
any alterations of a structure or site documented as deserving preservation
by the Wisconsin State Historical Society or listed on the National
Register of Historic Places. Ordinary maintenance repairs are not
considered structural repairs, modifications or additions; such ordinary
maintenance repairs include internal and external painting, decorating,
paneling and the replacement of doors, windows and other nonstructural
components.
Where special conditions affecting a particular property,
which were not self-created, have made strict conformity with restrictions
governing areas, setbacks, frontage, height or density necessarily
burdensome or unreasonable in light of the purposes of this ordinance.
Any public water supply or waste collection system including
but not limited to public wells and their attendant facilities and
public sewage collection systems and treatment facilities.
An authorization by the board of adjustment or appeals for
the construction or maintenance of a building or structure in a manner
which is inconsistent with dimensional standards (not uses) contained
in the floodplain zoning ordinance.
The failure of a structure or other development to be fully
compliant with the floodplain zoning ordinance. A structure or other
development without required permits, lowest floor elevation documentation,
floodproofing certificates or required floodway encroachment calculations
is presumed to be in violation until such time as that documentation
is provided.
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating floodplain areas.
The entire region contributing runoff or surface water to
a watercourse or body of water.
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless
of its intended use.
