[Amended 7-6-2011 by Ord.
No. 2-2011; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
For the purpose of this chapter, the City of Amery is hereby
divided into the following zoning districts:
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R-1 Single-Family Residential District
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R-2 Two-Family Residential District
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R-3 Two-Family Condominium Residential District
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R-4 Multiple-Family Residential District
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CD-1 Conservancy District
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C-1 Neighborhood Shopping Commercial District
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C-2 Central Business District
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I-1 Light Industrial District
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I-2 Industrial District
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AT Agricultural Transition District
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MW Municipal Well Recharge Area Overlay District
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Floodplain (FP) and Floodway (FW) Districts pursuant to Chapter 425, Floodplain Zoning
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Downtown Design Standards Overlay District
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A.
Zoning Map. The boundaries of the districts enumerated in § 450-15 above are hereby established as shown on a map titled "Zoning Map, City of Amery, Wisconsin," which is adopted by reference and made a part hereof.[1] The map shall bear upon its face the attestation of the
Mayor and the City Administrator/Clerk-Treasurer and shall be available
to the public in the office of the City Administrator/Clerk-Treasurer.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Boundary lines.
(1)
The boundaries shall be construed to follow corporate limits; U.S.
Public Land Survey lines; lot or property lines; center lines of streets,
highways, alleys, easements and railroad rights-of-way; or such lines
extended unless otherwise noted on the Zoning Map.
(2)
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be lot lines,
and where the designations on the Zoning Map are approximately bounded
by lot lines, said lot lines shall be construed to be the boundary
of the district.
(3)
In unsubdivided property, the district boundary lines shown on the
Zoning Map shall be determined by use of the scale shown on such map.
C.
Vacation. Vacation of public streets and alleys shall cause the land
vacated to be automatically placed in the same district as the abutting
side to which the vacated land reverts.
D.
Annexations and consolidations. Annexations to or consolidations
with the City subsequent to the effective date of this chapter shall
be placed in the R-1 Residential District unless the annexation ordinance
temporarily places the land in another district.
E.
Rules for interpretation of district boundaries. Where uncertainty
exists as to the boundaries of districts as shown on the Zoning Map,
the following rules shall apply:
(1)
Boundaries indicated as approximately following the center lines
of streets, highways, or alleys shall be construed to follow such
center lines.
(2)
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following City boundaries shall
be construed as following municipal boundaries.
(4)
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
(5)
Boundaries indicated as following shorelines shall be construed to
follow such shorelines, and in the event of change in the shoreline
shall be construed as moving with the actual shoreline; boundaries
indicated as approximately following the center lines of streams,
rivers, canals, lakes or other bodies of water shall be construed
to follow such center lines.
(6)
Boundaries indicated as parallel to or extensions of features indicated
in the preceding shall be so construed. Distances not specifically
indicated on the Zoning Map shall be determined by the scale of the
map.
A.
Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of primarily single-family detached
dwelling units at a low dwelling-unit-per-acre density. This district
is intended to provide residential development limited to single-family
homes set individually on separate lots.
B.
Permitted uses. The following uses of land are permitted in the R-1
District:
(1)
Single-family detached dwellings, excluding all mobile homes; for
purposes of this chapter, manufactured homes are included in the definition
of single-family dwelling.
(2)
Manufactured homes complying with all of the following requirements
and limitations:
(a)
The home shall be a double wide of at least 24 feet in width
and 36 feet in length.
(b)
The home shall be installed on an approved foundation system
in conformity with the State Uniform Dwelling Code. The wheels and
axles must be removed. The enclosed foundation system shall be approved
by the Building Inspector and/or City Engineer; the Building Inspector
may require a plan to be certified by a registered architect or engineer
to ensure proper support for the home.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
The home shall be equipped with foundation siding which in design,
color and texture appears to be an integral part of the adjacent exterior
wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope
of two inches in 12 inches, which is permanently covered with nonreflective
material.
(e)
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the City of Amery.
(3)
One private garage with not more than three stalls for each residential parcel, per § 450-100 specifications.
(4)
Accessory uses and buildings as follows:
(a)
Gardening sheds, toolsheds and storage sheds incidental to the residential use, per § 450-100 specifications.
(b)
Off-street parking facilities.
(c)
Uses and structures customarily accessory and clearly incidental
to permissible principal uses and structures.
(d)
Signs as permitted by City ordinances.
(5)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(6)
Day care or foster family care of children.
(8)
Garage sales.
(9)
Storage buildings and accessory sheds which comply with setback and lot coverage requirements. (See Article XI.)
(10)
Hard-surface sport and play areas.
(11)
Solar equipment and antenna. Height limits for the district
apply.
(12)
Pets and small animals may be kept, provided that their keeping shall not be unreasonably objectionable or disruptive to normal residential occupancy or a hazard to public health and safety; the standards of Chapter 171, Animals, apply. Commercial animal operations are not permitted in residential districts. Farm animals are not permitted in residential districts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(13)
Uses customarily incident to any of the above uses, provided
that no such use generates traffic or noise that would create public
or private nuisance.
C.
Conditional uses. The following are permitted as conditional uses
within the R-1 District:
(1)
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
(2)
Public school, kindergarten, elementary and high, or private school
having a curriculum the same as ordinarily given in a public school,
provided that any such building shall be located not less than 35
feet from any side lot line.
(3)
Utilities (electric substations, telephone switching stations, gas
regulators, etc.).
(4)
Bed-and-breakfast establishments [7011].
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Churches, schools, and public buildings, except public buildings
housing uses incompatible with the characteristics of the district,
such as sewage systems, incinerators and shops, provided that any
buildings shall be located not less than 35 feet from any side lot
line.
(6)
Public utility structures, except those incompatible with the characteristics
of the district.
(7)
Parks and playgrounds.
(9)
Golf courses and private clubs.
(10)
Nursing and rest homes for senior citizens.
(11)
Nursery schools.
(12)
Medical/dental clinics.
(13)
Cemeteries.
(14)
The outside storage of no more than two of each of the following:
building for ice fishing, mobile home trailer, camper, utility tractor,
two boats or canoes over 16 feet in length, recreational vehicle,
if the above-named are owned by the residents or family members.
(15)
Funeral homes.
A.
Purpose. The regulations set forth in this section or set forth elsewhere
in this chapter, when referred to in this section, are the regulations
in the R-2 Two-Family Residential District. This district is intended
to provide two-family dwellings, such as duplexes, flats or apartment
conversions in large, older, single-family dwellings.
B.
Permitted uses. The following uses of land are permitted in the R-2
District:
(1)
Single-family detached dwellings, excluding all mobile homes; for
purposes of this chapter, manufactured homes are included in the definition
of single-family dwelling.
(2)
Manufactured homes complying with all of the following requirements
and limitations:
(a)
The home shall be a double wide of at least 24 feet in width
and 36 feet in length.
(b)
The home shall be installed on an approved foundation system
in conformity with the State Uniform Dwelling Code. The wheels and
axles must be removed. The enclosed foundation system shall be approved
by the Building Inspector and/or City Engineer; the Building Inspector
may require a plan to be certified by a registered architect or engineer
to ensure proper support for the home.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
The home shall be equipped with foundation siding which in design,
color and texture appears to be an integral part of the adjacent exterior
wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope
of two inches in 12 inches, which is permanently covered with nonreflective
material.
(e)
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the City of Amery.
(3)
Two-family dwellings.
(4)
One private garage with not more than three stalls for each residential parcel, per § 450-100 specifications.
(5)
Accessory uses and buildings as follows:
(a)
Gardening sheds, toolsheds and storage sheds incidental to the residential use, per § 450-100 specifications.
(b)
Off-street parking facilities.
(c)
Uses and structures customarily accessory and clearly incidental
to permissible principal uses and structures.
(d)
Signs as permitted by City ordinances.
(6)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(7)
Day care or foster family care of children.
(9)
Garage sales.
(10)
Storage buildings and accessory sheds which comply with setback and lot coverage requirements. (See Article XI.)
(11)
Hard-surface sport and play areas.
(12)
Solar equipment and antenna. Height limits for the district
apply.
(13)
Pets and small animals may be kept, provided that their keeping shall not be unreasonably objectionable or disruptive to normal residential occupancy or a hazard to public health and safety; the standards of Chapter 171, Animals, apply. Commercial animal operations are not permitted in residential districts. Farm animals are not permitted in residential districts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(14)
Uses customarily incident to any of the above uses, provided
that no such use generates traffic or noise that would create public
or private nuisance.
C.
Conditional uses. The following are permitted as conditional uses
within the R-2 District:
(1)
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
(2)
Utilities (electric substations, telephone switching stations, gas
regulators, etc.).
(3)
Bed-and-breakfast establishments [7011].
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Churches, schools, and public buildings, except public buildings
housing uses incompatible with the characteristics of the district,
such as sewage systems, incinerators and shops, provided that any
buildings shall be located not less than 35 feet from any side lot
line.
(5)
Public utility structures, except those incompatible with the characteristics
of the district.
(6)
Parks and playgrounds.
(8)
Golf courses and private clubs.
(9)
Nursing and rest homes for senior citizens.
(10)
Hospitals and medical/dental clinics.
(11)
Cemeteries.
(12)
The outside storage of no more than two of each of the following:
building for ice fishing, mobile home trailer, camper, utility tractor,
two boats or canoes over 16 feet in length, recreational vehicle,
if the above-named are owned by the residents or family members.
(13)
Funeral homes.
A.
Purpose. The regulations set forth in this section or set forth elsewhere
in this chapter, when referred to in this section, are the regulations
in the R-3 Two-Family Condominium Residential District. This district
is intended to provide two-family condominium residential dwellings
in areas found by the City Council, upon the recommendation of the
Plan Commission, to be compatible with existing neighborhoods. Zero
lot line condominium two-family dwellings are only permitted in this
district.
B.
Permitted uses. The following uses of land are permitted in the R-3
District:
(1)
Single-family detached dwellings, excluding all mobile homes; for
purposes of this chapter, manufactured homes are included in the definition
of single-family dwelling.
(2)
Manufactured single-family homes complying with all of the following
requirements and limitations:
(a)
The home shall be a double wide of at least 24 feet in width
and 36 feet in length.
(b)
The home shall be installed on an approved foundation system
in conformity with the State Uniform Dwelling Code. The wheels and
axles must be removed. The enclosed foundation system shall be approved
by the Building Inspector and/or City Engineer; the Building Inspector
may require a plan to be certified by a registered architect or engineer
to ensure proper support for the home.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
The home shall be equipped with foundation siding which in design,
color and texture appears to be an integral part of the adjacent exterior
wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope
of two inches in 12 inches, which is permanently covered with nonreflective
material.
(e)
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the City of Amery.
(3)
Two-family condominium dwellings, organized under Wisconsin's condominium
statutes and owner-occupied.
(4)
One private garage with not more than three stalls for each residential parcel, per § 450-100 specifications.
(5)
Accessory uses and buildings as follows:
(a)
Gardening sheds, toolsheds and storage sheds incidental to the residential use, per § 450-100 specifications.
(b)
Off-street parking facilities.
(c)
Uses and structures customarily accessory and clearly incidental
to permissible principal uses and structures.
(d)
Signs as permitted by City ordinances.
(6)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(7)
Day care or foster family care of children.
(9)
Garage sales.
(10)
Storage buildings and accessory sheds which comply with setback and lot coverage requirements. (See Article XI.)
(11)
Hard-surface sport and play areas.
(12)
Solar equipment and antenna. Height limits for the district
apply.
(13)
Pets and small animals may be kept, provided that their keeping shall not be unreasonably objectionable or disruptive to normal residential occupancy or a hazard to public health and safety; the standards of Chapter 171, Animals, apply. Commercial animal operations are not permitted in residential districts. Farm animals are not permitted in residential districts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(14)
Uses customarily incident to any of the above uses, provided
that no such use generates traffic or noise that would create public
or private nuisance.
C.
Conditional uses. The following are permitted as conditional uses
within the R-3 District:
(1)
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
(2)
Utilities (electric substations, telephone switching stations, gas
regulators, etc.).
(3)
Bed-and-breakfast establishments [7011].
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Churches, schools, and public buildings, except public buildings
housing uses incompatible with the characteristics of the district,
such as sewage systems, incinerators and shops, provided that any
buildings shall be located not less than 35 feet from any side lot
line.
(5)
Public utility structures, except those incompatible with the characteristics
of the district.
(6)
Parks and playgrounds.
(8)
Golf courses and private clubs.
(9)
Nursing and rest homes for senior citizens.
(10)
Hospitals and medical/dental clinics.
(11)
Cemeteries.
(12)
The outside storage of no more than two of each of the following:
building for ice fishing, mobile home trailer, camper, utility tractor,
two boats or canoes over 16 feet in length, recreational vehicle,
if the above-named are owned by the residents or family members.
(13)
Funeral homes.
D.
E.
Permitted special use: zero lot line condominium duplexes.
(1)
A zero lot line duplex under condominium ownership may be built on
the dividing line between two halves of an existing legal lot of record
having at least 10,000 square feet in area and at least 80 feet of
lot width.
(2)
The common wall of the zero lot line duplex shall be centered on
the dividing line between the two halves of the lot.;
(3)
The setback from the opposite lot line shall be not less than 10
feet.
(4)
When attached dwelling units are created, the plans, specifications,
and construction of such building shall require that the installation
and the construction of sewer, water and other utility services be
done in such a manner so as to provide separate systems to each dwelling
unit; provided, however, that common services are permitted if:
(a)
Current Wisconsin State Plumbing Code permits the installation
of common systems; and
(b)
Cross easement and maintenance provisions for the common systems are provided for and included in the deed restrictions referred to in § 450-19E(5) below.
(5)
When attached dwelling units are created, matters of mutual concern
to the adjacent property owners due to construction, catastrophe,
and maintenance shall be guarded against by private covenants and
deed restrictions, and the approving authority shall not be held responsible
for the same. Deed restrictions shall provide:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
Each side of the building shall be constructed at the same time
and in such a way as to be harmonious with the other side so that
the overall effect is aesthetically pleasing.
(b)
Each side of the duplex shall be provided with a minimum of
two trees and foundation plantings covering 2/3 of the street side
of the unit. Lots shall be maintained equally with respect to lawn
care and pruning of shrubs and trees.
(c)
The dwelling shall be painted, stained or sided one color scheme,
and any subsequent repainting, staining or siding shall be of one
color scheme, or according to the plan established by these covenants.
(d)
Violation of these covenants should be handled by the signing
parties; however, they shall provide that the City may enforce the
same or facilitate the proper solution.
(e)
Copies of the deed restrictions and private covenants shall
be placed on file in the City Administrator/Clerk-Treasurer's office
and recorded in the office of the County Register of Deeds.
(f)
Changes to covenants or deed restrictions shall require an amendment
to the special use approval or conditional use permit required by
this chapter.
(g)
Basements shall be provided across zero lot lines where necessary
for water, sewer and utility services.
(h)
There shall be a common wall which shall be a minimum one-hour
fire wall running from the lowest floor level, including the basement,
to the underside of the roof sheathing. Such basement wall, if any,
shall be masonry.
(i)
No fences shall be permitted along the zero lot line in the
front or rear yard.
A.
Purpose. The regulations set forth in this section or set forth elsewhere
in this chapter, when referred to in this section, are the regulations
in the R-4 Multiple-Family Residential District. This district is
intended to provide for apartments, to include family or garden types,
elevator and walk-up type, efficiency or studio type and apartment
conversions in existing single-family dwellings.
B.
Permitted uses.
(1)
Two-family dwellings (duplex).
(2)
Multifamily dwellings.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Boardinghouses and lodges.
(4)
Accessory building or use, including a private garage, carport and
paved parking areas customarily incident to the above uses, but not
involving the conduct of a business.
C.
Conditional uses.
(1)
Parks and playgrounds.
(2)
Professional home offices.
(3)
Planned residential developments.
(4)
Golf courses and private clubs.
(5)
Sewage disposal facilities.
(6)
Utilities.
(7)
Schools and churches.
(8)
Government, cultural, and public uses, such as fire and police stations,
community centers, libraries, public emergency shelters and museums,
provided that any building shall be located not less than 35 feet
from any side lot line.
(9)
Home occupations.
(10)
Nursery schools.
(11)
Retirement homes.
(12)
Single-family dwellings.
(13)
Mobile home parks.
(14)
Private lodges and clubs.
(15)
Family day care.
(16)
Church or other place of worship or Sunday school, provided
that any such building shall be located not less than 35 feet from
any side lot line.
(17)
Public school, kindergarten, elementary and high, or private
school, provided that any such building shall be located not less
than 35 feet from any side lot line.
(18)
Truck gardening, nursery and/or horticulture.
A.
Purpose. The purpose of this district is to preserve, protect, and
maintain the natural environment and character of areas exhibiting
significant natural resource features which contribute to the productive,
recreational, or aesthetic value of the community.
B.
Permitted uses.
(1)
Forest and game management; wildlife preserves.
(2)
Hunting, fishing and hiking.
(3)
Parks and recreation areas (public and private); arboreta; botanical
gardens; greenways.
(4)
Stables.
(5)
Utilities.
(6)
Nonresidential buildings used solely in conjunction with the raising
of waterfowl or fish.
(7)
Harvesting of wild crops.
(8)
Recreation-related structures not requiring basements.
(9)
Preservation of scenic, historic, and scientific areas.
(10)
Public fish hatcheries.
(11)
Soil and water conservation.
(12)
Sustained-yield forestry.
(13)
Hunting, fishing and trapping in compliance with City ordinances.
C.
Conditional uses.
(1)
Animal hospitals, shelters and kennels.
(2)
Archery and firearm ranges, sports fields and skating rinks.
(3)
Land restoration, flowage, ponds.
(4)
Golf courses and clubs.
(5)
Ski hills and trails.
(6)
Yacht clubs and marinas; boat harbors.
(7)
Recreation camps.
(8)
Public and private campgrounds.
(9)
Riding stables.
(10)
Sewage disposal plants.
(12)
Hunting and fishing clubs.
(13)
Farm structures.
(14)
Grazing.
(15)
Residential and agricultural uses existing at the time of the
creation of this district.
(16)
Other uses consistent with the purpose of this district and
approved by the City Council.
D.
Area, height and yard requirements.
(2)
Building height. Maximum 35 feet.
(3)
Other structures height. Maximum 1/2 the distance from the structure's
nearest lot line.
(5)
Special procedures. Proceedings before the Zoning Board of Appeals
that involve DNR-designated wetlands are found in Ch. NR 117, Wis.
Adm. Code, and are acknowledged herein as governing City regulatory
activities in the Conservancy District where Chapter NR 117 regulations
are more restrictive than those in this chapter.
A.
Purpose. The regulations set forth in this section or set forth elsewhere
in this chapter, when referred to in this section, are the regulations
in the C-1 Neighborhood Shopping Commercial District. This district
is intended to provide for small groups of retail and customer service
establishments serving primarily the convenience of a local neighborhood,
and the character, appearance and operation of which are compatible
with the character of the surrounding area.
B.
Permitted uses. A building or premises in the C-1 District shall
be used only for the following purposes:
(1)
Retail stores and shops offering convenience goods and personal services
and not exceeding 1,500 square feet of primary floor space.
(2)
Business, professional, or public service office not exceeding 1,000
square feet of primary floor area.
(3)
An accessory building or use shall be used only for the following
purposes:
(a)
Residential quarters for the owner, proprietor, commercial tenant,
employee, or caretaker located in the same buildings as the business.
(b)
Garages for storage of vehicles used in conjunction with the
operation of the business.
(c)
Off-street parking and loading area, in the rear yard only.
(d)
Any other structure or use normally accessory to the above uses.
(e)
Any uses listed in R-1, R-2 and R-4 Districts.
C.
Conditional uses. A building or premises shall be used only for the
following purposes when approved as a conditional use:
(1)
Dental and medical clinics.
(2)
Private lodges and clubs.
(3)
Nursing and rest homes and homes for the aged.
(4)
Funeral homes.
(5)
Retail stores and shops with a primary floor area larger than 1,500
square feet.
(6)
Business, professional and/or public service office with a primary
floor area larger than 1,000 square feet.
(7)
Automobile service stations.
(8)
Rental apartments as a secondary use of a commercial building.
(9)
Churches, etc.
(10)
Greenhouses and nurseries.
(11)
Fire stations and municipal utility buildings.
(12)
Libraries.
(13)
Parks and playgrounds.
(14)
Recreation buildings and community centers.
(15)
Hotels and motels.
(16)
Parking facilities.
(17)
Craft shop, manufacturing, distilling.
A.
Purpose. The C-2 Central Business District is intended to provide
an area for the business, financial, professional, and commercial
needs of the community, especially those which can be most suitably
located in a compact, centrally located traditional business district.
The C-2 District is intended to establish and preserve an intensive
business district that serves as a retail, entertainment and service
center. The C-2 Central Business District should be conducive to pedestrian
movement in addition to accommodating vehicular traffic.
B.
Permitted uses. The following uses of land are permitted in the C-2
Central Business District:
(1)
Paint, glass and wallpaper stores. [523]
(2)
Hardware stores. [525]
(3)
Department stores, variety stores, general merchandise stores. [53]
(4)
General grocery stores, supermarkets, fruit and vegetable stores,
delicatessens, meat and fish stores and miscellaneous food stores.
[54]
(5)
Candy, nut or confectionery stores. [544]
(6)
Dairy products stores, including ice cream stores. [545]
(7)
Retail bakeries, including those which produce some or all of the
products sold on the premises, but not including establishments which
manufacture bakery products primarily for sale through outlets located
elsewhere or through home-service delivery. [546]
(8)
Clothing and shoe stores. [56]
(9)
Furniture, home furnishings, floor covering and upholstery shops/stores.
[57]
(10)
Restaurants, lunchrooms and other eating places, except drive-in
type establishments. [5812]
(11)
Taverns, bars and other drinking places with permit by City
Council. [5813]
(12)
Drugstores and pharmacies. [591]
(13)
Liquor stores. [592]
(14)
Antique stores and secondhand stores. [593]
(15)
Sporting goods stores and bicycle shops. [5941]
(16)
Bookstores, not including adult books. [5942]
(17)
Stationery stores. [5943]
(18)
Jewelry and clock stores. [5944]
(19)
Camera and photographic supply stores. [5946]
(20)
Gift, novelty and souvenir shops. [5947]
(21)
Florist shops. [5992]
(22)
Tobacco and smokers' supplies stores. [5993]
(23)
News dealers and newsstands. [5994]
(24)
Wholesale merchandise establishments, only for retail items listed above; e.g., Subsection B(19) would allow wholesale camera sales.
(25)
Banks and other financial institutions. [60-62]
(26)
Offices of insurance companies, agents, brokers and service
representatives. [63-64]
(27)
Offices of real estate agents, brokers, managers and title companies.
[65-67]
(28)
Miscellaneous business and professional offices.
(29)
Heating and plumbing supplies.
(30)
Retail laundry and dry-cleaning outlets, including coin-operated
laundries, commonly called "laundromats" and "launderettes," tailor
shops, dressmakers' shops, and garment repair shops, but not garment-pressing
establishments, hand laundries, hat cleaning and blocking establishments
or coin-operated dry-cleaning establishments. [721]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(31)
Photographic studios and commercial photography establishments.
[722]
(32)
Barbershops, beauty shops and hairdressers. [723-4]
(33)
Shoe repair shops and shoeshine parlors. [725]
(34)
Trade and contractors' offices (office only).
(35)
Advertising agencies, consumer credit reporting, news agencies,
employment agencies. [731-2, 735-6]
(36)
Duplicating, blueprinting, photocopying, addressing, mailing,
mailing list and stenographic services; small print shops. [733]
(37)
Computer services. [737]
(38)
Commercial parking lots, parking garages, parking structures.
[752]
(39)
Watch, clock and jewelry repair services. [763]
(40)
Motion-picture theaters, not including drive-in theaters. [7832]
(41)
Miscellaneous retail stores. [5999]
(42)
Offices/clinics of physicians and surgeons, dentists and dental
surgeons, osteopathic physicians, optometrists and chiropractors,
but not veterinarians' offices. [801-4]
(43)
Law offices. [811]
(44)
The offices, meeting places, churches, and premises of professional
membership associations; civic, social, and fraternal associations;
business associations, labor unions and similar labor organizations;
political organizations; religious organizations; charitable organizations;
or other nonprofit membership organizations. [86]
(45)
Engineering and architectural firms or consultants. [891-3]
(46)
Accounting, auditing and bookkeeping firms or services. [8721]
(47)
Professional, scientific, or educational firms, agencies, offices,
or services, but not research laboratories or manufacturing operations.
[899]
(48)
The offices of governmental agencies and post offices. [91-92,
431]
(49)
Public transportation passenger stations, taxicab company offices,
taxicab stands, but not vehicle storage lots or garages. [411-14]
(50)
Telephone and telegraph offices. [481-2]
(51)
Residential units located on the second story of a commercial
structure, provided proper living area, sanitary facilities and adequate
means of ingress/egress exist.
C.
Conditional uses. The following are permitted as conditional uses
in the C-2 Central Business District, provided that no nuisance shall
be afforded to the public through noise, the discharge of exhaust
gases from motor-driven equipment, unpleasant odors, smoke, steam,
harmful vapors, obnoxious materials, unsightly conditions, obstruction
of passage on the public street or sidewalk, or other conditions generally
regarded as nuisances, and provided that where operations necessary
or incident to the proper performance of these services or occupations
would tend to afford such nuisances, areas, facilities, barriers,
or other devices shall be provided in such a manner that the public
is effectively protected from any and all such nuisances. These uses
shall be subject to the consideration of the City Council with regard
to such matters.
(1)
Miscellaneous repair shops and related services. [769]
(2)
Garment-pressing establishments, hand laundries, hat cleaning and
blocking shops and coin-operated dry-cleaning establishments. [721]
(3)
Establishments engaged in the publishing and printing of newspapers,
periodicals or books. [2711][1]
[1]
Editor's Note: Original Sec. 13-1-38(c)(4) of the 2004 Code of Ordinances, regarding residential units secondary to principal uses and located on the second story of commercial structures, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4)
Farm supplies, wholesale trade. [5191]
(5)
Establishments engaged in the retail sale of automobiles, trailers,
mobile homes, or campers. [551-2, 556]
(6)
Stores for the sale and installation of tires, batteries, mufflers
or other automotive accessories. [553]
(7)
Gasoline service stations; provided, further, that all gasoline pumps,
storage tanks and accessory equipment must be located at least 30
feet from any existing or officially proposed street line. [5541]
(8)
Establishments engaged in the daily or extended-term rental or leasing
of house trailers, mobile homes or campers. [703]
(9)
Establishments engaged in daily or extended-term rental or leasing
of passenger automobiles, limousines or trucks, without drivers, or
of truck trailers or utility trailers. [751]
(10)
Establishments for the washing, cleaning or polishing of automobiles,
including self-service car washes. [754]
(11)
Hotels, motor hotels, motels, tourist courts, tourist rooms,
etc. [70]
(12)
Mini shopping malls.
(13)
Multifamily dwelling units.
(14)
Light manufacturing or assembly.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Lot, yard and building requirements.
(2)
Yards.
(a)
Minimum front yard: none. (Keller Avenue between Hyland Street
and Center Street: no building or any part thereof, including steps,
nor any obstruction of any kind shall be built within 13 feet from
the back of the curb.)
(b)
Minimum either side yard: none. (Side yards when adjacent or
abutting to residential district will maintain a setback of 10 feet.)
(c)
Minimum aggregate side yard: none.
(d)
Minimum rear yard: none. (Rear yards when adjacent or abutting
to residential district will maintain a setback of 25 feet.)
(3)
Height. Maximum permitted, principal structure: 75 feet.
A.
Purpose. The regulations set forth in this section or set forth elsewhere
in this chapter, when referred to in this section, are the regulations
in the I-1 Light Industrial District. This district is intended to
provide for manufacturing, industrial and related uses of a limited
nature and size in situations where such uses are not in basic industrial
groups and where the relative proximity to other uses requires more
restrictive regulation.
B.
Permitted uses. A building or premises in the I-1 District shall
be used only for the following purposes:
(1)
Manufacturing, assembly, fabrication and processing plants of limited
scope and not involving any substantial degree of heavy trucking or
other operational characteristics which would adversely affect surrounding
uses or be basically incompatible with surrounding environmental character
and not more than 10% of the lot or tract is used for the open storage
of products, materials or equipment.
(2)
Experimental, testing and research laboratories not involving the
keeping of animal products or any significant degree of danger or
undesirable operational characteristics.
(3)
Printing and publishing houses and related activities.
(4)
Toolmaking, cabinetry and repair shops.
(5)
Automobile service stations.
(6)
Public utility office and installations.
(7)
General warehousing, not to include open storage.
(8)
Lumber and building supply yards, not to include open storage.
(9)
Automobile body repair shop, not including the storage of junked
or wrecked automobiles and parts.
(10)
An accessory building or use shall be used only for the following
purposes:
(11)
Any uses permitted in the C-1 or C-2 District except for residential
uses.
A.
Purpose. The I-2 Industrial District is intended to provide an area
for manufacturing, marketing, and industrial and agribusiness activities.
It is also intended to provide an area for a variety of uses which
require relatively large installations, facilities or land areas,
or which would create or tend to create conditions of public or private
nuisance, hazard, or other undesirable conditions, or which for these
or other reasons may require special safeguards, equipment, processes,
barriers, or other forms of protection, including spatial distance,
in order to reduce, eliminate, or shield the public from such conditions.
B.
Permitted uses. No uses are permitted as a matter of right within the I-2 District. All uses within this district are conditional, requiring a public hearing and consideration of specific site factors and impacts on surrounding land uses. All conditional uses must be approved in accordance with the procedures established in Article V.
C.
Conditional uses. The following are examples of conditional uses
within the I-2 District. Such use shall be subject to the consideration
of the City Council and Plan Commission with regard to such matters
as the creation of nuisance conditions for the public or for the users
of nearby areas, the creation of traffic hazards, the creation of
health hazards, or other factors:
(1)
Manufacturing establishments, usually described as "factories," "mills"
or "plants," in which raw materials are transformed into finished
products, and establishments engaged in assembling component parts
of manufactured products. [20, 23-28, 30, 32-39]
(2)
Other industrial or commercial activities which possess the special
problem characteristics described above, relating to the creation
of hazards or nuisance conditions.
(3)
The outdoor storage of industrial products, machinery, equipment,
or other materials, provided that such storage shall be enclosed by
a suitable fence or other manner of screening. [50, 51]
(4)
Railroads, including rights-of-way, railroad yards, and structures
normally incident to the operation of railroads, including station
houses, platforms, and signal towers, but not including warehouses
owned by companies other than railroad companies or road terminal
companies.
(5)
Wholesale establishments and warehouses. [50-51]
(6)
Building construction contractors. [15-17]
(7)
Highway passenger and motor freight transportation. [41-42]
(8)
Light industry and service uses.
(a)
Automotive body repair.
(b)
Automotive upholstery.
(c)
Cleaning, pressing, dyeing.
(d)
Commercial bakeries (retail or wholesale).
(e)
Commercial greenhouses (retail or wholesale).
(f)
Distributors.
(g)
Food locker plants.
(h)
Printing and publishing.
(i)
Trade and contractors' facilities.
(j)
Offices.
(k)
Painting services.
(l)
Retail sales and service facilities, such as retail and surplus
outlet stores, and restaurants and food service facilities when established
in conjunction with a permitted manufacturing or processing facility.
(m)
Recreation vehicle, boat and miscellaneous storage.
(10)
Agriculture-related industry and service uses.
(a)
Production of natural and processed cheese.
(b)
Production of shortening, table oils, margarine and other edible
fats and oils.
(c)
Production of condensed and evaporated milk.
(d)
Wet milling of corn.
(e)
Production of creamery butter.
(f)
Drying and dehydrating fruits and vegetables.
(g)
Preparation of feeds for animal and fowl.
(h)
Pea vineries.
(i)
Creameries.
(j)
Production of flour and other grain mill products; blending and preparing
of flour.
(k)
Fluid milk processing.
(l)
Production of frozen fruits, fruit juices, vegetables and other specialties.
(m)
Fruit and vegetable sauces and seasoning, and salad dressing preparation.
(n)
Poultry and small game dressing and packing, provided that all operations
shall be conducted within an enclosed building.
(o)
Production of sausages and other meat products, provided that all
activities are conducted within an enclosed building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(p)
Corn shelling, hay baling and threshing services.
(q)
Grist mill services.
(r)
Horticultural services.
(s)
Canning of fruits, vegetables, preserves, jams and jellies.
(t)
Canning of specialty foods.
(u)
Grain elevators and bulk storage of feed grains.
(v)
Fertilizer production, sales, storage, mixing and blending.
(w)
Sales or maintenance of farm implements and related equipment.
(x)
Animal hospitals, shelters and kennels.
(y)
Veterinarian services.
(11)
Outside storage and manufacturing areas, wrecking, junk, demolition
and scrapyards, provided that they shall be surrounded by a solid
fence or evergreen planting screen completely preventing a view from
any other property or public right-of-way, shall be at least 600 feet
from residential or commercial structures, and shall be neatly maintained
in such a manner so as to not constitute a nuisance or be detrimental
to area property owners.
(13)
Any uses permitted in the I-1, C-1, or C-2 District except for
residential uses.
(14)
Uses similar to the above recommended by the Plan Commission
and approved by the City Council.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 100 feet.
(2)
Lot area: minimum 20,000 square feet.
(3)
Front yard: minimum 25 feet.
(4)
Side yards: minimum 10 feet. See Subsection D(9), Required buffer strips in industrial districts.
(5)
Rear yard: minimum 30 feet. See Subsection D(9), Required buffer strips in industrial districts..
(7)
Building height: maximum 60 feet.
(8)
Percentage of lot coverage: maximum 70%.
(9)
Required buffer strips in industrial districts. In newly developed
or rezoned areas where an industrial district abuts a residential
district, there shall be provided along any rear, side or front line,
coincidental with any industrial-residential boundary, a buffer strip
not less than 40 feet in width as measured at right angles to said
lot line. Plant materials at least six feet in height of such variety
and growth habits as to provide a year-round, effective visual screen
when viewed from the residential district shall be planted in the
exterior 25 feet abutting the residential district. If the required
planting screen is set back from the industrial-residential boundary,
the portion of the buffer strip facing the residential district shall
be attractively maintained. Fencing may be used in lieu of planting
materials to provide said screening. The fencing shall be not less
than four feet nor more than eight feet in height, and shall be of
such materials as to effectively screen the industrial area. The exterior
25 feet of the buffer strip shall not be devoted to the parking of
vehicles or storage of any material or accessory uses. The interior
15 feet may be devoted to parking of vehicles.
A.
Purpose. The AT District is intended to allow the conduct of agricultural
pursuits on land within the City and to provide for the orderly transition
of such land as to other future uses in a manner which is compatible
with City land use plans and policies. The primary purpose of this
district is to preserve, for an extended period of agricultural and
related open space land uses, those lands generally located in the
path of expected future development. It is the intent that urban development
be deferred in such areas until the City determines that it is economically
and financially feasible to provide public services and facilities
for uses other than those permitted in the district. It is intended
that the status of all areas in this district be reviewed by the appropriate
planning bodies no less frequently than every 10 years in order to
determine whether, in light of current land development trends, there
should be a transfer of all or any part of such areas to some other
appropriate use district. Any such review will consider the need for
permitting other uses on such land, the nature of the use or uses
to be permitted, and the cost and availability of the public services
and facilities which will be necessitated by such new use or uses.
B.
Permitted uses. Permitted uses include but are not limited to the
following:
(1)
Beekeeping.
(2)
Commercial animal operations.
(3)
Dairying.
(4)
Orchards.
(5)
Plant nurseries.
(6)
Truck farming.
(7)
Grazing.
(8)
Paddocks.
(9)
Game management.
(10)
Livestock and poultry raising.
(11)
Greenhouses.
(12)
Commercial agriculture, general farming and hatcheries.
(13)
Similar agricultural uses.
(14)
Single-family dwelling units for residents, owners and operators.
A.
District purpose. The City recognizes that consequences of certain
land use activities, whether intentional or accidental, can seriously
impair groundwater quality. The purpose of the Municipal Well Recharge
Area Overlay District (MW) is to protect municipal groundwater resources
from certain land use activities by imposing appropriate restrictions
upon lands located within the approximate groundwater recharge area
of the City's municipal wells. The restrictions imposed herein are
in addition to those of the underlying residential, commercial, or
industrial zoning districts or any other provisions of this chapter.
The restrictions herein are in addition to those setbacks from a municipal
water supply well for those certain land uses as identified and established
in § NR 811.12(5)(d), Wis. Adm. Code, which are hereby adopted
by reference. The City of Amery has developed a Wellhead Protection
Plan that discusses the location of the protection areas in greater
detail.
B.
Overlay zones. The Municipal Well Recharge Area Overlay District
is hereby divided into Zone A and Zone B as follows:
(1)
Zone A is identified as the primary source of water for the municipal
well aquifer and as the area most likely to transmit groundwater contaminants
to the municipal wells. Zone A is more restrictive than Zone B. Zone
A is that area within 1,200 feet of an existing well as defined in
the City of Amery Wellhead Protection Plan.
(2)
Zone B is identified as a secondary source of water for the municipal
well aquifer and as an area where there is a lower probability of
surface contaminants reaching the municipal well fields. Zone B is
less restrictive than Zone A. Zone B is defined as that area up gradient
from each well for a distance of 1,200 feet to 2,640 feet.
C.
Zone A prohibited uses. The following land uses are hereby found
to have a high potential to contaminate or have already caused groundwater
contamination problems in Wisconsin and elsewhere. The following principal
or accessory uses are hereby prohibited within Zone A of the Municipal
Well Recharge Area Overlay District:
(1)
Areas for dumping or disposal of garbage, refuse, trash or demolition
material.
(2)
Asphalt products manufacturing plants.
(3)
Automobile laundries.
(4)
Automobile service stations.
(5)
Building materials and products sales.
(6)
Cartage and express facilities.
(7)
Cemeteries.
(8)
Chemical storage, sale, processing or manufacturing plants.
(9)
Dry-cleaning establishments.
(10)
Electronic circuit assembly plants.
(11)
Electroplating plants.
(12)
Exterminating shops.
(13)
Fertilizer manufacturing or storage plants.
(14)
Foundries and forge plants.
(15)
Garages for repair and servicing of motor vehicles, including
body repair, painting or engine rebuilding.
(16)
Highway salt storage areas.
(17)
Industrial liquid waste storage areas.
(18)
Junkyards and auto graveyards.
(19)
Metal reduction and refinement plants.
(20)
Mining operations.
(21)
Motor and machinery service and assembly shops.
(22)
Motor freight terminals.
(23)
Pain products manufacturing.
(24)
Petroleum products storage or processing.
(25)
Photography studios, including the developing of film and pictures.
(26)
Plastics manufacturing.
(27)
Printing and publishing establishments.
(28)
Pulp and paper manufacturing.
(29)
Residential dwelling units on lots less than 15,000 square feet
in area. However, in any residence district, on a lot of record on
the effective date of this section, a single-family dwelling may be
established regardless of the size of the lot, provided all other
requirements of this chapter are complied with.
(30)
Septage disposal sites.
(31)
Sludge disposal sites.
(32)
Storage, manufacturing or disposal of toxic or hazardous materials.
(33)
Underground petroleum products storage tanks for industrial,
commercial, residential or other uses.
(34)
Woodworking and wood products manufacturing.
D.
Zone A conditional uses. The following conditional uses may be allowed within Zone A of the Municipal Well Recharge Area Overlay District, subject to the provisions of Article V:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Any other business or industrial use not listed as a prohibited use.
E.
Zone B prohibited uses. The following principal or accessory uses
are hereby prohibited within Zone B of the Municipal Well Recharge
Area Overlay District:
(1)
Underground petroleum products storage tanks for industrial, commercial,
residential or other uses.
[Added 7-6-2011 by Ord.
No. 2-2011]
A.
District purpose. The purpose of this district is the improvement
and protection of the appearance, value, and function of nonresidential
and nonindustrial parcels in the downtown area. The standards and
procedures for enforcement of those standards are described in the
City of Amery Downtown Design Standards, dated July 6, 2011, which
is on file with the City Administrator/Clerk-Treasurer.[1]
B.
Permitted uses. The standards of the underlying district shall apply
to all permitted uses, subject to compliance with the provisions of
this chapter.
C.
Conditional uses. The standards of the underlying district shall
apply to all conditional uses, subject to compliance with the provisions
of this chapter.
