A.
New uses. Any use of a building, structure or lot established after
the effective date of this chapter, or any amendment thereto, shall
be for a use which is set forth in Schedule I, II, IV or VI[1] as a permitted use, or a use permitted with special conditions
attached, or a use permitted by a special use permit, and shall comply
with the regulations applicable to the district in which such building,
structure or lot is located.
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
B.
Existing uses.
(1)
Where the use of a structure or the use of land existing at the time of the adoption of this chapter is made nonconforming by the provisions of this chapter, the provisions of Article XII shall apply to such use.
(2)
Where the use of a building, structure or lot lawfully exists on the effective date of this chapter, or any amendment thereto, and is classified by this chapter as a use permitted by special use permit in the district where it is located, such use shall be continued as a lawful special use. Any expansion or major alteration of such legally preexisting special use shall require a special use permit issued in accordance with the provisions of § 720-63 of this chapter.
C.
Special uses.
[Amended 11-28-2018 by Ord. No. 3680]
(1)
To provide for the location of land uses or activities within a given
district or districts that are sufficiently distinctive in terms of
their nature, location and impact on the surrounding area, a classification
of special uses is hereby established and specific special uses are
listed in the various schedules.
(2)
An application for a special use permit shall be processed in accordance with the procedures set forth in Article IX of this chapter. The Plan Commission may thereafter grant a special use permit when the proposed use is in accordance with such statutory requirements and in compliance with the regulations herein set forth in Article IX.
A.
New structures. New structures shall conform to the bulk requirements
established herein for the district in which each such structure is
located (see Schedules III, V and VII).[1]
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
B.
Existing structures. Existing structures shall not be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict or further conflict with the bulk regulations of this chapter for the district in which such structures are located, except when permitted in accordance with § 720-91 of this chapter.
[Amended 5-27-2020 by Ord. No. 3708]
C.
Existing residential lot of record. In any district where there exists
a legal lot of record at the time of the adoption of this chapter
which does not meet the requirements of this chapter as to area, depth
or width, such lot may be used for any use permitted in the district
in which it is located, upon compliance with all other applicable
requirements of this chapter.
D.
Height of structure. No structure shall be erected, converted, enlarged,
reconstructed or structurally altered to exceed the height limit herein
established for the district in which the structure is located, except
that penthouses or roof structures for the housing of elevators, stairways,
tanks, ventilating fans, solar energy systems, or similar equipment
required to operate and maintain the structure, and fire or parapet
walls, skylights, steeples, flagpoles, chimneys, smokestacks, electric
and telephone service poles, water tanks, silos, storage hoppers,
elevators or similar structures, if permitted in the district, may
be erected above the height limits herein prescribed.
E.
Lot division. No lot shall hereafter be divided into two or more
lots unless all lots resulting from each such division shall have
lot area, depth and width as required in this chapter. In the case
of a lot line adjustment between existing lots of record, the boundaries
shall not be changed unless all lots resulting from such modification
shall provide lot area, depth and width as required in this chapter.
F.
Yards and open space.
[Amended 4-27-2016 by Ord. No. 3604]
(1)
All yards and open space required by this chapter shall be located
on the same lot as the principal structure or use and shall not be
less than the minimum specified for the district and the applicable
schedule of bulk requirements.
(2)
Nonconforming setback. Where an established building setback is less
than required by this chapter, the continuation of such nonconforming
setback shall be allowed for the expansion of an existing building;
where the established front yard setback of a block is less than required
by this chapter, the setback of a new building or structure shall
be not less than the average setback of the existing building setbacks
on the block of the affected building, provided that:
(a)
On a corner lot or through lot a nonconforming front yard setback
shall not be extended past the triangular area of the minimum front
yard setback specified for the district for each lot frontage.
(b)
The minimum setback of a garage or carport shall not be less
than 20 feet.
(c)
A building addition shall be constructed as an integral part
of the existing structure.
G.
Through lots. On through lots, each street right-of-way line is a
front lot line and front yard setback requirements shall apply to
all buildings and structures. Where the established setback of a block
for the yard area opposite the street address of the principal building
is less than required by this chapter, the setback of an accessory
building or structure may be the average of the existing setbacks,
provided that:
H.
Mobile homes. The installation or reinstallation of a mobile home
as a residence in a mobile home park shall require the issuance of
a mobile home permit by the Building Inspector.
A.
Accessory buildings and uses shall be compatible with, and incidental
to, the principal building or use and shall not be established prior
to establishment of the principal building or use.
B.
Accessory uses shall not include the keeping, propagation or culture of poultry (except racing, homing, and show pigeons), honeybees (as allowed by § 216-22), chickens (as allowed by § 216-23), rabbits, livestock or other nonhousehold animals, whether or not for profit, except on such lots where the pursuit of agriculture is a permitted principal or accessory use.
[Amended 5-13-2015 by Ord. No. 3581; 10-28-2015 by Ord. No. 3591]
C.
The following accessory buildings and uses are permitted and may
be obstructions in yards and courts. Accessory buildings and uses
not included in the listing as set forth in this subsection or specially
permitted by other provisions of this chapter shall not be permitted
in required yards and courts.
[Amended 5-14-2014 by Ord. No. 3546]
|
F
|
Denotes front yards
| |
|
S
|
Denotes interior side yards
| |
|
R
|
Denotes rear yards
|
(1)
Arbor or trellis: F, S and R.
(2)
Awning, sign or entry canopy that projects into the public right-of-way:
F, S and R.
(a)
The minimum clearance from the bottom of the projecting element
or structure to grade shall be at least eight feet.
(b)
The projecting element or structure shall not be situated within
the vision triangle or in any way obstruct or impede the vision of
pedestrians or motorists.
(c)
No pole or support structure shall impede or impair public safety.
(3)
Bay window projecting not more than three feet into a front yard
and not more than two feet into a side or rear yard.
(3.1)
Boathouse: R.
[Added 5-27-2020 by Ord.
No. 3708]
(a)
General.
[1]
A boathouse shall be designed and used exclusively
for the storage of watercraft and related equipment. Any accessory
construction, including decks/patios/porches, or furnishings not essential
for the storage of watercraft and related equipment, and other features
inconsistent with boat storage are prohibited. A boathouse shall not
be used and/or altered for human habitation and/or occupancy.
[2]
One boathouse is permitted for a single-family
residential lot that is a riparian (waterfront) property, where such
boathouse is for the personal use of the landowner, and provided that
the property does not include any other accessory building, such as
a detached garage, garden/storage shed, gazebo, playhouse structure,
etc. Contiguous waterfront properties in common ownership shall be
considered a single property.
[3]
A boathouse shall be located above the ordinary
high-water mark (OHWM) of the adjacent navigable waterway, measured
to the nearest part of a building or structure. New construction is
limited to a maximum 20% slope.
[4]
Maximum size: 500 square feet. The area of a boathouse
shall not be greater than the footprint of the dwelling.
[5]
Height. Maximum height shall not exceed one story
or 15 feet, inclusive of decorative architectural elements. Roof slope
may not be less than 4:12 (rise to run); the roof of a boathouse may
not be used as a deck.
[6]
Setbacks: not less than five feet from a rear or
side lot line.
[7]
A boathouse shall provide a garage-type door at
least seven feet wide for primary access on the side of the building
facing the water. Building design, materials and colors shall match
or be complementary to the dwelling.
(b)
The construction of a boathouse, where permitted, in a nonresidential
district shall comply with requirements of the zoning district in
which the property is located.
(c)
The maintenance and repair of an existing nonconforming boathouse
that extends waterward of the OHWM shall meet the requirements of
applicable statutes and codes.
(4)
Chickens: R.
[Added 10-28-2015 by Ord.
No. 3591[1]]
(b)
The maximum size of a henhouse shall not exceed 12 square feet.
The area of a henhouse shall include the footprint of the structure
and any cantilevered area that extends beyond the footprint.
(c)
The maximum size of a covered run shall not exceed 12 square
feet.
(d)
The maximum height of a henhouse, including the area of a covered
run, shall not exceed eight feet.
(e)
Henhouse construction shall utilize a building design and materials
suitable for a residential district. The use of corrugated metal,
sheet metal, plastic, pallets, scrap materials, and/or similar materials
shall be prohibited. The reuse of storage containers, vehicles or
parts thereof, and similar objects for a henhouse shall be prohibited.
(f)
No henhouse or henhouse and outdoor run shall be located within
15 feet of any side and/or rear lot line, and/or be sited to obstruct
an existing drainage course or create a drainage problem for the property
on which it is situated or for any neighboring property.
(g)
Any henhouse or henhouse and outdoor run that is abandoned or
its use discontinued for the keeping of chickens for a period of 12
months shall be removed from the premises by the property owner. Modification
of a henhouse or henhouse and outdoor run for some other use shall
not be permitted.
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection C(4) through (27) as Subsection C(5) through
(28), respectively.
(5)
Chimney projecting not more than two feet into a required yard.
(6)
Deck and balcony, aboveground (uncovered platform above the first
floor elevation of a building): F, S and R. A projection of four feet
from the building shall be permitted where the deck or balcony provides
building egress. This provision shall apply only to the remodeling
or rehabilitation of an existing building; the construction of a deck
or balcony as part of a new building shall conform to setback requirements
applicable to the principal structure.
(7)
Deck and porch, ground level (uncovered platform at or below the
first floor elevation of a building): F, S and R. A projection of
four feet from the building, excluding steps, shall be permitted where
the deck or porch provides building egress. This provision shall apply
only to the remodeling or rehabilitation of an existing building;
the construction of a deck or porch as part of a new building shall
conform to setback requirements applicable to the principal structure.
(8)
Eaves and gutters projecting not more than four feet into a front
and rear yard and not more than two feet into a side yard.
(9)
Fence, general requirements.
[Amended 3-28-2018 by Ord. No. 3661]
(a)
The requirements of this subsection apply to all fencing, landscape
walls and decorative posts equal to, or exceeding, 24 inches in height,
for all land uses and activities.
(b)
Materials and design. A fence should be constructed of material
manufactured for such purpose, such as naturally decay-resistant and/or
pressure-treated wood, vinyl, galvanized and/or coated chain link,
or ornamental metal, such as wrought iron. The use of scrap lumber,
plywood/OSB, wood or plastic snow fence, chicken wire, plastic material
less than 1/2 inch thick, wood pallets or other unapproved materials
is prohibited. Fence design should be compatible with the principal
structure that occupies the property and consider the character, materials,
color, and architectural detail of the principal structure.
[1]
The use of chain-link fencing is prohibited for a single-family
condominium development in the R-1 Zoning District and for residential
development in the R-3 and R-4 Zoning Districts.
[2]
Fence material not listed above will be subject to approval
by the Community Development Department for a determination of suitability
relative to the property and the character of the surrounding area.
(c)
Construction. Support posts should be installed according to
the manufacturer's instructions. In the absence of such instructions,
the following will apply:
(d)
Orientation. The "finished" side of a solid fence should be
installed to face an adjacent or abutting property, street or alley.
"Finished" means the side of a fence which does not contain any exposed
supporting posts, brackets, or framing members.
(e)
Location. A fence may be placed up to a property line. No fence,
or part thereof, including any post, supporting member, arbor or access
gate, should be constructed on a lot line or extend past a lot line.
No fence, or part thereof, may be sited in any wetland area, floodplain
floodway, drainageway, regulated natural area, or other similar area.
(f)
Maintenance. All fences and posts should be maintained in a
structurally sound manner and in good repair.
(10)
Fence, residential.
[Amended 3-28-2018 by Ord. No. 3661]
(a)
Height, front yard. The maximum height of a fence, including
all supporting posts and decorative elements, is four feet. The design
of a fence within a required front yard should be at least fifty-percent
open.
(b)
Height, side/rear yard. The maximum height of a fence, including
all supporting posts and decorative elements, is six feet. Where a
side yard and/or rear yard is adjacent to a nonresidential use or
property zoned for a nonresidential use, a fence height up to 10 feet
is allowed.
(c)
Height, street yard. The maximum height of a fence, including
all supporting posts and decorative elements, is six feet, provided
the fence does not extend beyond the rear wall of the primary structure,
has a minimum right-of-way setback of six feet, and does not obstruct
the vision clearance triangle between four feet and eight feet above
the grade of the intersection of street centerlines.
[Added 8-26-2020 by Ord.
No. 3721]
(10.1)
Fence, nonresidential.
[Added 3-28-2018 by Ord.
No. 3661]
(a)
Height, front yard. The maximum height of a fence, including
all supporting posts and decorative elements, is four feet. The design
of a fence within a required front yard should be at least 50% open.
[Amended 5-27-2020 by Ord. No. 3708]
(b)
Height, side/rear yard. The maximum height of a fence, including
all supporting posts and decorative elements, is 10 feet.
[1]
The use of barbed wire is permitted on property
zoned and used for industrial purposes. Barbed wire may not be installed
less than 7.5 feet above finished grade and not cause a fence height
greater than 10 feet. The use of razor wire or similar wire is prohibited.
(10.2)
Fence, temporary.
[Added 3-28-2018 by Ord.
No. 3661]
(a)
Wood or plastic snow fence may be used only for the purpose
of limiting snow drifting between November 1 and April 1.
(b)
Chain-link and/or plastic fencing may be permitted for the protection
of excavation and an active construction site and for the protection
of plants during grading and construction.
(11)
Fire escape, open or enclosed, or fire tower required for egress
for commercial buildings projecting into a front yard not more than
five feet and into an interior side or rear yard.
(12)
Flagpole: F, S and R.
(13)
Garage, carport, or carriage porch, one-family dwelling and
two-family dwelling.
[Amended 11-28-2018 by Ord. No. 3680; 1-27-2021 by Ord. No. 3730]
(a)
One-family dwelling. One garage attached to or detached from
the residential building is allowed for a lot. Additionally, one carport
or carriage porch is allowed for a lot.
(b)
Two-family dwelling. One garage, attached to the residential
building, is allowed for each dwelling unit; or one garage, detached
from the residential building, is allowed for a lot.
(c)
Attached garage.
[1]
Maximum size. The area of a garage shall not be greater than
the footprint of the dwelling.
[2]
Height. Garage height shall not exceed the dominant height of
the ridgeline of the dwelling.
[3]
The construction of an attached garage, or the alteration or
expansion of an existing garage, shall match or complement the architectural
design, color, materials, roof shape and roof height of the dwelling.
A garage addition or alteration that increases the existing height
shall not be taller than the dominant or highest roof ridgeline of
the residential structure.
(d)
Detached garage: S and R.
[2]
Maximum size: 850 square feet or cover a ground area not greater than the footprint of the dwelling, whichever is less. Building size shall not exceed the sum of the allowable garage area of 650 square feet plus the area of a garden/storage shed as set forth in Subsection C(21)(b), and provided no other accessory building described in Subsection C(21) is sited on the property. In the case of an existing accessory building, removal of such building shall be required upon completion of the new garage. The construction of uncovered parking in addition to the allowable driveway area shall be prohibited.
[3]
Building height: 15 feet maximum.
[4]
Building setbacks: not less than two feet from any side or rear
lot line.
[5]
Building separation: follow fire separation requirements of
the Uniform Dwelling Code.
[6]
The front wall of a detached garage shall not extend beyond
the front wall of the dwelling.
[7]
The width of a detached garage shall not exceed more than 50%
of the lot width.
[8]
Roof gutters and downspouts shall be provided to direct roof
water away from adjacent properties.
[9]
Building design, materials and color shall match or be complementary
to the dwelling. The alteration or expansion of an existing garage
shall match the architectural design, materials and color of the existing
building.
(e)
Carport: S and R.
[1]
Maximum size: 10 feet by 20 feet, detached from a dwelling or
attached to a dwelling/garage.
[2]
Height: 10 feet maximum.
[3]
Setbacks, side and rear. A carport detached from a dwelling
shall be sited not less than two feet from any side or rear lot line.
A carport attached to a dwelling shall comply with the setback requirements
of the principal building.
[4]
Setback, front. The minimum setback of a carport shall comply
with the setback requirements of the principal building, except that
the front edge of a detached carport shall not extend beyond the front
wall of a dwelling.
[5]
The alteration or expansion of a garage to add a carport shall
reflect the architectural design, materials and color of the existing
building.
(f)
Carriage porch: F.
[Added 1-27-2021 by Ord. No. 3730]
[1]
Maximum size: 20 feet by 24 feet; attached to a dwelling.
[2]
Height: Roofline shall not exceed that of the principal structure;
clearance shall not exceed 10 feet for a lot 25, 000 square feet or
less in area or 12 feet for a lot greater than 25, 000 square feet
in area.
[3]
Setback, front. The minimum setback of a carriage porch shall comply
with the setback requirements of the principal building.
[4]
Outdoor storage within a carriage porch is prohibited.
(14)
Garage, one-family detached condominium dwellings.
[Amended 11-28-2018 by Ord. No. 3680]
(a)
One garage attached to the residential building is allowed for
each dwelling unit.
[1]
Maximum size. The area of a garage shall not be greater than
the footprint of the dwelling unit.
[2]
Height. Garage height shall not exceed the dominant height of
the ridgeline of the dwelling.
[3]
The construction of a new garage, or the alteration or expansion
of an existing garage, shall be compatible with the principal structure's
architectural design, materials, color, roof shape and height. Garage
additions or alterations that increase building height shall not be
taller than the dominant or highest roof ridgeline of the residential
structure.
(15)
Garage, multifamily dwellings and two or more two-family dwellings
on one lot.
[Amended 11-28-2018 by Ord. No. 3680]
(a)
Maximum size. The area of an attached or detached garage shall
not exceed the footprint of the residential structure for which it
is intended to serve. Where more than one detached garage is constructed
for a multifamily development with more than one residential building,
the maximum garage size shall not exceed the footprint of the largest
residential structure.
(b)
Height: 15 feet.
(c)
The construction of a garage, or the alteration or expansion
of an existing garage, shall match or complement the architectural
design, color, materials, roof shape, and roof height of the residential
structure(s). An addition and/or alteration of an attached garage
that increases the existing building height shall not be taller than
the dominant or highest roof ridgeline of the residential structure.
(16)
Gazebo: R.
[Amended 11-28-2018 by Ord. No. 3680]
(a)
General.
[1]
A gazebo shall be designed and used for seasonal recreational
purposes only. A gazebo shall not be used and/or altered for sleeping
or living quarters, a workshop or studio, a home occupation, or for
storage purposes.
[2]
The design, materials and color of a gazebo shall be similar
and/or complementary to the principal residential building(s).
[3]
Maximum height shall not exceed one story or 15 feet, inclusive
of decorative architectural elements.
[4]
Siting and construction of a gazebo shall not interfere with
property drainage.
(b)
One-family and two-family dwellings. One gazebo is permitted
per lot, provided that the property does not include any other accessory
building, such as a garden/storage shed, playhouse structure, etc.
(17)
Honeybees: R.
[Added 5-13-2015 by Ord.
No. 3581[2]]
(b)
No hive shall be located within 25 feet of any side and/or rear
lot line. No hive, stand or box shall be sited to obstruct an existing
drainage course or create a drainage problem for the property on which
it is situated or for any neighboring property.
(c)
The maximum height of a hive, inclusive of any temporary or
permanent stand or foundation, shall not exceed five feet.
(d)
A stand or box where bees are kept shall be constructed and
finished in a workmanlike manner of materials suitable for a residential
district. The use of scrap, waste board, sheet metal and/or similar
materials is not allowed.
(e)
Where needed, a flyway barrier shall be provided parallel to
a hive, not more than five feet from a hive, and extending at least
five feet from the outer edge of a hive. The flyway barrier shall
consist of a solid wood or vinyl fence not more than six feet in height,
a solid hedge or dense vegetation, or a combination thereof. The use
of corrugated metal, plastic, scrap materials and similar materials,
and/or chain-link fencing with slats is not permitted. An artificial
barrier may include a garage or garden shed on the property where
a hive(s) is located.
(f)
Any hive, stand or box where bees are kept that is abandoned
or its use discontinued for a period of 12 months shall be removed
from the premises by the property owner. Modification of a hive, stand
or box for some other use is not allowed.
[2]
Editor’s Note: This ordinance also provided for the
renumbering of former Subsection C(16) through (26) as Subsection
C(17) through (27), respectively.
(18)
Outdoor wood burning furnace: R. Mechanical equipment designed
and intended, through the burning of wood, for the purpose of heating
a structure on the premises.
(a)
Permit. A heating permit is required prior to installation.
Only a furnace tested and listed by a recognized testing laboratory
will be allowed. Electrical wiring to serve an outdoor furnace shall
be installed in accordance with the Wisconsin Electrical Code. A site
plan indicating the location of the furnace on the property, and information
to determine compliance with applicable standards and codes, shall
be filed with the permit application.
(b)
Location. One outdoor furnace may be installed on a single-family
residential lot, or on a lot used for single-family residential purposes,
at least 0.5 acre in size. An outdoor furnace shall be restricted
to the rear yard, located not closer than 10 feet to any structure
on the premises, and located at least 150 feet from any door, operable
window or air intake vent of a building regularly occupied by people
on an adjoining lot. Where an adjoining lot is undeveloped, the outdoor
furnace shall be located at least 50 feet from a side or rear lot
line.
(c)
Chimney height. The maximum height of a chimney shall be not
more than 10 feet in height.
(d)
Firewood storage. Firewood shall be stored in the rear yard
only. Firewood may be temporarily stored in the front yard for a period
of 10 days from the date of delivery. Firewood shall be neatly stacked
and not higher than four feet. Not more than four cords of wood shall
be stored in the open. A cord of wood is described as four feet by
four feet by eight feet. All brush, debris and refuse from processing
of firewood shall be promptly and properly disposed of and shall not
be allowed to remain on the premises. The open storage of scrap wood,
pallets and similar materials shall not be allowed.
(e)
Existing furnaces. An outdoor wood burning furnace installed prior to adoption of this Subsection C(18) may continue to be used indefinitely, except that replacement or modification may occur only upon compliance with all requirements of this Subsection C(18). In the event that compliance with this subsection cannot be achieved for modification or replacement, the furnace shall be removed.
(f)
Abandonment and discontinuance. Any outdoor wood-burning furnace that does not comply with the standards of this Subsection C(18) and is abandoned or discontinued for a period of 12 months shall be removed by the property owner from the subject premises.
(g)
Disconnection or removal. If an outdoor furnace or any part
thereof is deemed unsafe, the City Inspector may order that the furnace
be permanently disconnected or removed.
(h)
Public nuisance. Dense smoke, noxious fumes, gas and soot, cinders,
or live sparks produced by an outdoor furnace that interfere substantially
with the comfortable enjoyment of life, health or safety of another
person or the public may be declared a public nuisance by a properly
designated authority and ordered abated.
(19)
Playground equipment and clothes drying equipment: R.
(20)
Rummage/yard/garage sale, craft sale and similar sales event.
Four sales in a calendar year are permitted for a residential property,
each event not to exceed three consecutive calendar days in duration.
(21)
Accessory building: garden/storage shed, playhouse structure,
and similar structures: S and R.
[Amended 11-28-2018 by Ord. No. 3680]
(a)
General.
[1]
An accessory garden/storage shed building shall be designed
and used for the incidental storage of garden/yard equipment and household
items.
[2]
The design, materials and color of an accessory building shall
be similar and/or complementary to the principal residential building(s).
[3]
Maximum height shall not exceed one story or 15 feet, inclusive
of decorative architectural elements.
[4]
Siting and construction shall not interfere with property drainage.
(b)
One-family and two-family dwellings. In addition to an attached or detached garage, one accessory building as defined above is permitted for a lot, not to exceed 100 square feet for a lot 10,000 square feet or less in area. Where a lot is more than 10,000 square feet in area, an accessory building up to 200 square feet in area is permitted, provided that the structure is complementary in design, material and colors to the principal residential building. See also Subsection C(13)(d)[1].
(c)
One-family detached condominiums. One storage building is permitted for property maintenance vehicles and equipment. Building size shall not exceed 400 square feet. Building location shall comply with setback and building separation requirements of the residential structures. See also § 720-33.
(d)
Multifamily dwellings and two or more two-family dwellings on one lot. In addition to a garage(s), recreational building, pool house, and/or gazebo structure, one storage building is permitted for property maintenance vehicles and equipment. Building size shall not exceed 400 square feet. Building location shall comply with setback and building separation requirements of the residential structures. See also § 720-32.
(e)
Commercial and Office Districts. Three total accessory buildings
shall be permitted. The maximum total combined gross floor area shall
not exceed 25% of the lot area and not exceed the total gross floor
area of the principal building(s). Building location shall comply
with the required setbacks of their district. Maximum height shall
not exceed one story or 15 feet, inclusive of architectural elements.
Architectural materials shall match the principal building(s). Buildings
shall be used to shelter business vehicles, store maintenance equipment
and materials incidental to the principal use of the subject property.
[Added 1-27-2021 by Ord. No. 3730]
(22)
Sills, cornices and ornamental features of the principal building,
projecting not more than 18 inches: F, S and R.
(23)
Solar energy equipment: S and R.
(24)
Steps, open, necessary for access to and from the dwelling or
an accessory building, steps as access to the lot from the street,
and in gardens or terraces, provided there are no more than eight
steps for access to and from a principal or accessory building: F,
S and R.
(25)
Swimming pool: S and R.
(26)
Temporary building and/or fence for construction purposes for
a period not to exceed such construction and in accordance with plans
approved by the Building Inspector: F, S and R.
(27)
Tennis court, private: R.
(28)
Outdoor fireplace: R.
[Amended 4-27-2016 by Ord. No. 3604]
Site plan review is required for any commercial, industrial,
institutional, single-family condominium development, multifamily
development of three or more units, and other uses and development
set forth in this chapter. The site plan requirement is applicable
to the first-time development of a property and additions and expansions
of existing buildings and development.
A.
Site plan
requirements. The purpose of a site plan is to illustrate existing
property conditions and provide details of new construction and/or
site modifications. The site plan review process is intended to ensure
that newly developed properties, expanded structures or redeveloped
properties are compatible with adjacent development and meet requirements
for zoning, safety, traffic and utility service, and comply with environmental
standards. A site plan shall address the following:
(1)
Conformance
to this chapter and the Official Map, with attention to any proposed
rights-of-way. Proposed rights-of-way should be provided for and proper
district setback regulations applied from such proposed right-of-way.
(2)
Ingress and egress to the property; facilitate efficient and safe
circulation of traffic both on the site and as it interfaces with
the public right-of-way and adjacent properties. The consolidation
of access for major traffic arteries is encouraged.
(3)
Property drainage, with reference to the effect of provisions for
drainage on adjacent properties and the consequences of such drainage
on overall City drainage capacities.
(4)
When applicable, recreation and open space, with attention to the
size, suitability, development and continued maintenance of the area
and the impact on any adjacent living areas.
(5)
Landscaping
of site with attention to yard areas along and visible to public rights-of-way.
Provide appropriate screening of parking, truck loading, refuse containers,
mechanical equipment and outdoor storage areas from adjacent uses
and public rights-of-way.
B.
Plan
approval. The Building Inspector may not issue a building permit for
any land use or activity in any zoning district, approval of which
is contingent upon site plan approval, until a final site plan has
been approved by the Community Development Department. Where a decision
of the Community Development Department is not agreeable to the project
applicant, the applicant may request, in writing, that the Plan Commission
review the site plan. Said written request shall also contain the
applicant's reasons for making such request. The Community Development
Department shall submit, in writing, its justification to not approve
the site plan. The Plan Commission may approve, conditionally approve
or deny approval of the contested site plan.
[Amended 6-25-2014 by Ord. No. 3552]
On corner lots and on the right-of-way within the vision clearance triangle, no obstruction of vision shall be erected, installed, planted, parked or otherwise placed on any lot between four feet and eight feet above the grade of the sidewalk adjacent to such streets and within the vision clearance triangle as defined in § 720-6 of this chapter.
A.
Mobile homes. Mobile homes shall not be used for dwelling purposes
except in a lawfully established mobile home park. The temporary use
of a mobile home shall be permitted upon issuance of a permit by the
Building Inspector for the following purposes:
(1)
Use for a temporary office or for storage incidental to a construction
project, and only for the period of construction, provided that such
mobile home is located on the same or contiguous lot as said construction
and moved promptly at the end of construction or upon notice by the
Building Inspector.
(2)
Use for a temporary office in a commercial or industrial district,
or for temporary classroom space for a school, for a period not to
exceed 12 months.
(3)
Use as an interim dwelling in the event a permanent residence has
been severely damaged or destroyed, for the period of repair or reconstruction.
B.
Recreational vehicles and recreational equipment. The provisions
of this subsection shall apply to any lot in a residential district
or any lot used for residential purposes.
(1)
Not more than one recreational vehicle or one item of recreational
equipment shall be parked or stored outside of an enclosed building.
(2)
The outdoor parking or storage of a motor home, travel trailer or truck camper shall be restricted to a paved parking area alongside of a garage, where additional paved parking per § 720-79C is provided, and provided that no major repair, disassembly or rebuilding operations are conducted thereon. A tent camper may be stored within the lawn area of a side or rear yard, provided that such camper is not visible to neighboring properties by virtue of location, fencing or landscaping.
(3)
Recreational equipment may be parked or stored outside of an enclosed
building within the lawn area of a side or rear yard, or within a
driveway when situated so as not to project in front of the front
wall of the residence, and provided that such equipment is not visible
to neighboring properties by virtue of location, fencing or landscaping,
and provided that no major repair, disassembly or rebuilding operations
are conducted thereon. The parking or storage of recreational equipment
within any front yard area shall be prohibited.
(4)
The temporary outdoor parking of a recreational vehicle or recreational
equipment within a driveway or other yard area shall be allowed for
the purpose of loading or unloading, washing or general maintenance,
for a period not to exceed 72 consecutive hours.
C.
Prohibited vehicles and equipment. The following vehicles and equipment,
as well as similar vehicles and equipment, shall not be parked or
stored in any residential district or on a lot used for residential
purposes, except for the purpose of servicing the premises:
(1)
Vehicles: truck tractor, semi-trailer, independent trailer, commercial
walk-in truck, dump truck, commercial flat bed truck, commercial or
industrial trailer of any kind, carnival trailer, utility trailer
greater than eight feet in length, truck equipped with power attachments
or tools (excluding tow truck), school bus, commercial bus, or passenger
carrying vehicle which exceeds 21 feet in length.
(2)
Equipment: any special mobile equipment, such as ditch-digging apparatus,
asphalt spreaders, bituminous mixers, bucket loaders, tractors other
than truck-tractors, leveling graders, finishing machines, motor graders,
road rollers, scarifiers, earthmoving carryalls, scrapers, power shovels,
self-propelled cranes, or earthmoving equipment.
D.
Inoperable vehicles and equipment: any inoperable vehicle, any vehicle or equipment included in Subsections A, B and C above which is not legally registered to operate on a public street, or any dismantled portions thereof shall not be parked or stored outside of an enclosed building on a lot in a residential district or on a lot used for residential purposes.
[Amended 7-22-2015 by Ord. No. 3586; 4-27-2016 by Ord. No. 3604; 9-27-2017 by Ord. No. 3645]
A temporary land use is any use conducted on an intermittent
basis not intended to become permanent. Such uses may include the
sale of seasonal merchandise (seasonal novelties, Christmas trees,
agricultural produce, etc.), circuses and carnivals, outdoor farmers
markets. Temporary sales sites shall be limited to commercial zoning
districts, unless otherwise allowed by this chapter. Outdoor temporary/seasonal
merchandise sales and displays associated with a permitted land use
are exempt from the requirements of this section, except that no items
shall be displayed within any required yard and/or within the vision
clearance area.
A.
Permit
required. The Building Inspector may issue a permit to allow a temporary
land use for a period not to exceed 60 days.
B.
The placement
of any tent, sales trailer, temporary structure, signs and merchandise
shall not encroach into and/or over the public right-of-way, be placed
within the vision clearance area, obstruct or impair the view or visibility
of the operator of any motor vehicle, obstruct or impair the movement
of any pedestrian or motor vehicle, or in any manner create a nuisance,
hazard or disturbance to the health and welfare of the general public.
C.
One
banner or sign shall be allowed to identify a temporary use, located
within 20 feet of such use. The maximum size of a banner or sign shall
not exceed 32 square feet. A ground-mounted banner shall not exceed
10 feet in height. Off-site signs shall be prohibited.
[Amended 4-25-2018 by Ord. No. 3663]
The open storage of junk, refuse, scrap, or disabled or damaged
motor vehicles, whether awaiting repair or not, is prohibited in all
zoning districts. The enclosed outdoor storage of materials, inventory,
equipment and vehicles, when permitted within a zoning district and
accessory to a permitted use, should be completely surrounded by a
solid fence or wall which effectively obscures vision of the storage
from adjacent properties and public rights-of-way. Fence location,
height, design, and materials should be as specified by this chapter.
Amateur radio and television antennas and towers may be installed,
erected and maintained within all zoning districts incidental to the
permitted land use.
A.
Purpose. It is the intent of this section to strike a balance between
the federal interest in promoting amateur operations and the legitimate
interest of the City of Fond du Lac in regulating local zoning; to
permit towers and antennas without creating adverse aesthetic impacts,
particularly in residential neighborhoods, by specifying the number
and location of towers and antennas; to protect the health, safety
and general welfare of the community through the issuance of a building
permit to assure installations as recommended by the antenna and/or
tower manufacturer; to preserve the rights of property owners by confining
appurtenant equipment within the boundaries of the property on which
the antenna and/or tower is located; and to protect the integrity
of public utility installations by prohibiting the installation of
appurtenant equipment within easements to reserve for the public benefit.
B.
Definition. As used in this section, the term "antenna" means any
system of wires, poles, rods or similar devices used for the transmission
or reception of electromagnetic waves, which system is external to
or attached to the exterior of any building. Antennas shall include
devices having active elements extending in any direction, and directional
beam-type arrays having elements carried by and disposed from a generally
horizontal boom that may be mounted upon and rotated through a vertical
mast or tower interconnecting the boom and antenna support, all of
which elements are deemed to be a part of the antenna.
C.
Permit required. No radio or television antenna or tower shall be
installed unless a permit therefor is first obtained by the owner
or his agent from the Building Inspector.
D.
Equipment installation. Antennas and antenna towers shall be installed
pursuant to the manufacturer's specifications. The combined wind load
area of an antenna and tower shall not exceed the manufacturer's recommendations.
(1)
(2)
All other zoning districts. The installation of antennas and antenna
towers shall be in accord with applicable development regulations
set forth in this chapter for such zoning districts.
E.
Appurtenant equipment.
(1)
No part of an antenna array shall extend beyond any property boundary.
(2)
Buried radials shall not encroach into a utility easement.
(3)
Guy wires shall not be anchored within a front yard and shall be
installed in such a manner as to protect the public safety and to
minimize the visual impact on surrounding properties and from public
streets.
F.
Prohibited signs or devices. The attachment to an antenna or antenna
tower of any flag, decorative or commercial sign, streamers, pennants,
ribbons, spinners or waving, fluttering or revolving devices is prohibited.
This regulation does not include weather devices.
G.
Variance and exceptions. A permit for any proposed antenna or antenna tower not conforming to the requirements of this section may be granted with the approval of the Board of Appeals pursuant to § 720-95 of this chapter. When considering a permit, the Board of Appeals shall strike a balance between the federal interest in promoting amateur operations as stated by the Federal Communications Commission in its declaratory ruling PRB-1 and the legitimate interest of the City in regulating local zoning and strive to make a reasonable accommodation between those two interests. The Board shall also explore alternatives to a blanket denial of a permit by means of seeking a compromise, whenever possible, with the amateur operator and the local zoning authority. The Board shall deny a request for a variance or special exception only in cases where it makes a specific finding that this section constitutes the minimum practicable regulation necessary to protect the health, safety and welfare of the public and to avoid creating adverse aesthetic impacts on the neighborhood.
[Amended 6-25-2014 by Ord. No. 3552]
Mobile service towers and antennas shall not be regulated or
permitted as essential services, public utilities or private utilities.
The purpose of this section is to maintain and ensure that a nondiscriminatory,
competitive and broad range of telecommunications services and high-quality
telecommunications infrastructure, consistent with the Federal Telecommunications
Act of 1996 and § 66.0404, Wis. Stats., are provided to
serve the community and further the legitimate interest of the City
of Fond du Lac in regulating local zoning.
A.
Applicability.
(2)
Amateur radio station operators/receive-only antennas. This section
shall not govern any tower, or the installation of any antenna, that
is owned and operated by a federally licensed amateur radio station
operator or is used exclusively for receive-only antennas.
(3)
Exempt facilities. Publicly owned and operated telecommunications
facilities required in the public interest to provide for and maintain
a radio frequency telecommunication system for police, fire and other
municipal services are exempt from this section.
(4)
Municipal sites. Antennas installed on a structure other than a new
communication tower or antennas installed on an existing communication
tower shall be permitted where located on property owned, leased or
otherwise controlled by the City of Fond du Lac, irrespective of zoning
district, provided that a lease or other agreement to authorize such
antenna or tower has been approved by the City.
(5)
Antennas or towers on existing structures. An antenna or tower situated
on the roof of a structure in a commercial or industrial district
may be allowed, provided that such device is installed and maintained
in accord with applicable state or local building codes and complies
with current standards of the FAA, FCC and any other agency of the
state or federal government with the authority to regulate antennas.
B.
Permit required — special use permit. A special use permit is required for the siting and construction of any new mobile service support structure and facilities, and/or the substantial modification of an existing support structure and mobile service facilities (Class 1 co-location). An application shall be made to the Community Development Department on a form furnished by the City and pursuant to the provisions of §§ 720-64 and 720-72.
C.
Permit required — mobile service zoning permit (Class
2 co-location). A Class 2 co-location is subject to the same requirements
for issuance of a building permit to which any other type of commercial
development or land use development is subject. An application for
a mobile service zoning permit shall be made to the Community Development
Department on a form furnished by the City.
(1)
An application for a mobile service zoning permit (Class 2 co-location)
shall contain all of the following information:
(2)
If an applicant submits to the Department an application for a mobile service zoning permit to engage in a Class 2 co-location, which contains all of the information required under Subsection C(1), the Department shall consider the application complete. If any of the required information is not in the application, the Department shall notify the applicant, in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(3)
Within 45 days of its receipt of a complete application, the Department
shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Department
may agree in writing to an extension of the forty-five-day period:
D.
General requirements. In addition to compliance with all applicable
regulations of this section, the following standards shall apply for
the installation of any tower or antenna:
(1)
Building codes; safety standards. The owner of a tower shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Building Inspector concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then, upon notice being provided
to the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
(2)
State or federal requirements. All towers and antennas shall meet
or exceed current standards and regulations of the FAA, FCC, and any
other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owner of a tower and antenna governed by this
section shall bring such tower and antenna into compliance with such
revised standards and regulations within six months of the effective
date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency. Failure
to bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(3)
Height. Antenna height shall not be restricted, provided that such device is installed and maintained in accord with applicable state or local building codes and in compliance with current standards of the FAA, FCC and any other agency of the state or federal government with the authority to regulate antennas. Tower height shall be regulated pursuant to the provisions of § 720-72C.
(4)
Aesthetics. Towers shall maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness. Where an antenna is installed
on a structure other than a tower, the antenna and appurtenant equipment
must be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(5)
Signs. No advertising material or signage other than warning or equipment
information shall be allowed on any antenna or tower. This prohibition
shall include the attachment to an antenna or tower of any flag, decorative
sign, streamers, pennants, ribbons, spinners or waving, fluttering
or revolving devices, but not including weather devices.
(6)
Lighting. Towers shall not be artificially illuminated unless required
by the FAA or any other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(7)
Fencing. A tower shall be enclosed by security fencing not less than
six feet in height and secured so that it is not accessible by the
general public. Fence design, materials and colors shall reflect the
character of the surrounding area.
(8)
Landscaping. A buffer of plant materials to effectively screen the
tower compound from public view and from adjacent properties shall
be provided. The minimum buffer shall consist of a landscaped strip
at least five feet in width outside the perimeter of the tower compound.
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived. Existing mature
tree growth and natural land forms shall be preserved to the maximum
extent possible. In some cases, such as towers sited on large, wooded
lots, natural growth around the property perimeter may be sufficient
buffer.
(9)
Mobile service support structure and equipment.
(a)
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with an antenna may be located on
a roof, provided that such equipment or structure is placed as unobtrusively
as possible. Equipment storage buildings or cabinets shall comply
with all applicable building and zoning code requirements.
(b)
Antennas mounted on utility poles, light poles or towers. The
equipment cabinet or structure used in association with an antenna
shall be sited in accordance with the development standards of the
underlying zoning district. Equipment cabinets or structures shall
be screened from view.
E.
Removal of abandoned antennas and towers. An antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the City of Fond du
Lac notifying the owner of such abandonment. Failure to remove an
abandoned antenna or tower within said 90 days shall be grounds to
remove the tower or antenna at the owner's expense. If there are two
or more users of a single tower, then this provision shall not become
effective until all users cease using the tower.
No person shall move a building into or within the City limits
except in accord with conditions of this section. The required conditions
shall apply to any building to be moved, regardless of its intended
use or the zoning classification of the property on which it will
be sited:
A.
The relocation of a building shall be reviewed and approved by the
Community Development Department prior to the issuance of a moving
permit. The permittee shall submit photographs of the building to
be moved (all elevations, open space, and views from the street),
a description of proposed exterior changes and building rehabilitation,
and a proposed site plan of the property on which the building will
be sited. If the building is intended for nonresidential use, information
about its existing use and its proposed use should be included as
part of the permittee's submittal.
(1)
The Community Development Department shall approve, conditionally
approve or deny a proposal for relocation. Where a decision of the
Community Development Department is not agreeable to the applicant,
the applicant may request, in writing, that the Plan Commission review
the plans. Such appeal shall be within 30 days of the date of the
Community Development Department's decision. Construction of a foundation
for a relocated building shall begin within six months from the date
of Plan Commission approval or the approval shall be null and void.
(2)
The Community Development Department shall not approve granting of
a permit for building relocation unless it determines that the building
is compatible with the surrounding neighborhood and it will not detract
from the character of the neighborhood. To determine neighborhood
compatibility, the Department shall consider the intended use of the
building, its architectural style, building materials, building size,
building height, and number of stories.
(3)
Where covered parking is provided, garage design and architecture,
building materials and color shall match or closely resemble the principal
residential building. The front wall of a garage shall not extend
beyond the front wall of the main building facade; this requirement
shall apply to an attached or detached garage.
(4)
Effective landscaping shall be provided to enhance the appearance
of the property and to screen uncovered parking areas.
B.
Community Development Department staff shall determine if the structure to be moved has historic or architectural significance and, if so, whether requirements of the Chapter 374, Historic Preservation, apply. In areas of historic or architectural significance, the Historic Preservation Commission shall determine the suitability of the building to the neighborhood. Review by the Historic Preservation Commission shall occur prior to the Plan Commission review of a proposed building relocation.
C.
Relocation of a building into or within the City limits shall comply with the provisions of § 255-10, Moving of Buildings, of this Code.
D.
The permittee shall pay a cash deposit to the City of Fond du Lac pursuant to § 255-10E of this Code. The cash deposit shall act as a completion bond to ensure that the relocated building will be properly secured and rehabilitated on its new site. Upon completion of all building and site improvements as required by this section, the deposit shall be returned to the property owner. Failing completion of all required building and site improvements, the cash deposit shall be used towards building demolition, site clearing and property restoration by the City of Fond du Lac.
E.
Building siting shall comply with all requirements of Chapter 255 of this Code pertinent to its use and occupancy and all requirements of the property's underlying zoning district, to include setbacks, building height and lot coverage.
F.
A building shall be placed on its new foundation within 30 days of
relocation.
G.
Where the permittee intends to construct a basement for a relocated
building, it shall complete this work within 30 days of building permit
issuance for such construction. Failing such, incomplete basement
construction shall be declared a public nuisance and shall be remedied
by the City and the cost thereof charged against the property.
H.
The permittee shall complete exterior building rehabilitation, the
construction of paved on-site parking and/or driveway areas, and site
landscaping within three months of building relocation.
I.
The permittee may request relief from a required time line for the
completion of work in accord with this section. The permittee shall
submit a written request to the Department of Community Development
prior to the expiration of a required completion date. The permittee's
written request shall set forth the facts that require an extension.
An extension may be approved where extenuating circumstances would
preclude the timely completion of required work.
J.
The provisions of this section shall not apply to a designated historic
site significant in local history, architecture and culture, owned
and operated for the public benefit by a county or local historical
society.
[Added 4-27-2016 by Ord.
No. 3604]
A community garden is the use of land by a group of individuals
or a public or nonprofit organization to grow and harvest fruit and
vegetables for personal or group consumption, for educational purposes,
and/or for donation.
A.
Lot size: minimum 12,000 square feet.
C.
Activities shall be limited to daytime hours between 7:00 a.m. and
9:00 p.m.
D.
Vehicles shall be parked on paved areas designed and constructed
for parking.
E.
Temporary and/or permanent buildings and structures shall be permitted
only where a community garden is accessory to a permitted land use
and shall be subject to the requirements of the underlying zoning
district.
F.
On-site storage and use of compost and organic matter.
(1)
Compost and organic matter shall be contained within a designated
area within the rear yard area of a property, with a minimum ten-foot
setback from a side and/or rear lot line, not to exceed six feet by
six feet in area.
(2)
Compost piles shall be managed and maintained to prevent odor
and the harborage of rodents and pests.
G.
Yard areas outside of the garden shall be mowed and maintained free
of debris.
H.
The on-site sale of produce, flowers or plants may be permitted when
authorized by a temporary land use permit in accord with the provisions
of this chapter.
I.
One ground sign shall be permitted, not to exceed 25 square feet
in area and six feet in height. Sign materials and design shall be
of professional quality. Permit required.
J.
Drainage. The site shall be designed and maintained to prevent water,
leachate from compost piles, and/or fertilizer from flowing onto adjacent
property and/or the public right-of-way, waterway or stormwater detention/retention
area. A drainage plan may be required.
K.
Plan approval. A site plan shall be submitted to the Community Development
Department for review and approval prior to the construction of a
community garden. The site plan shall demonstrate limits of the garden
plot(s) and compliance with requirements of this section.
