[Amended 1-11-2022 by Ord. No. 1720-2022; 3-8-2022 by Ord. No. 1724-2022; 6-14-2022 by Ord. No. 1734-2022; 4-9-2024 by Ord. No. 1782-2024; 6-10-2025 by Ord. No. 1823-2025; 3-10-2026 by Ord. No. 1845-2026; 3-10-2026 by Ord. No. 1846-2026; 3-10-2026 by Ord. No. 1847-2026; 3-10-2026 by Ord. No. 1848-2026]
A. Accessory dwelling units.
1. Accessory dwelling units shall only be allowed as a new, freestanding structure; as a conversion of an existing, detached garage; or as an addition to an existing detached garage. Temporary storage units (i.e., shipping/cargo container, freight/interrnodal container, POD or similar) shall not be utilized as or in the construction of accessory dwelling units.
2. Only one accessory dwelling unit is allowed in R-1, R-2 and MU-N Districts.
3. The accessory structure containing the accessory dwelling unit shall have a six-foot side yard setback and meet all other required setbacks for an accessory structure. An existing accessory structure may not be converted into an accessory dwelling unit if required setbacks are not met.
4. The accessory dwelling unit must be at least 300 square feet in size and no more than 800 square feet in size.
5. Off-street parking spaces must be available for use by the owner-occupant(s) and tenant(s) with at least two spaces available for the principal residence and one space available for the accessory dwelling unit.
6. Any outside entrance serving the accessory dwelling unit shall be located on the side or rear of the accessory structure, if new.
7. Water and sewer for the accessory dwelling unit shall be connected to the principal residence.
8. An owner of the property must occupy either the principal dwelling unit or the accessory dwelling unit unless there is a bona fide temporary absence approved by the Planning Department.
9. Prior to the issuance of a permit for the construction of the accessory dwelling unit, the owner(s) shall file a deed restriction with the Office of the La Crosse County Register of Deeds stating that the independent sale of the accessory dwelling unit is not allowed.
B. Accessory structures.
1. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction on the same parcel. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.
2. Accessory structures greater than 25 square feet and privacy screens require a building permit. Temporary storage units (i.e., shipping/cargo container, freight/intermodal container, POD or similar) shall not be utilized as or in the construction of accessory structures in any zoning district.
3. Retaining walls are allowed as follows:
a. No individual retaining wall shall exceed six feet in height and is required to provide a terrace of at least three feet in width between any series of such walls.
b. Retaining walls are allowed to be installed on side and rear property lines that are not adjacent to rights-of-way.
c. Retaining walls must be set back a minimum of three feet from street rights-of-way.
4. Privacy screens are allowed as follows:
a. Privacy screens are allowed up to eight feet in height.
b. Privacy screens are allowed up to 20 feet in overall length.
c. Privacy screens shall adhere to setback locations for accessory structures in residential districts as set forth in Subsection
B.6 below.
d. Privacy screen building materials and design shall be approved by the Zoning Administrator prior to construction. Acceptable building materials include, but are not limited to, lattice, masonry, treated wood, plastics, ironwork or equivalent material.
5. Lawn accessories such as walks, drives, paved terraces and purely decorative garden accessories, including ponds, fountains, statuary, sundials, and flagpoles, shall be permitted in all setback areas, but not closer than three feet to an abutting property line.
6. Residential districts.
a. Accessory structures shall not involve the conduct of any business, trade or industry except for allowed home occupations as defined herein. Accessory structures shall not be used for residential purposes.
b. Decks constructed in a manner where the principal structure provides structural support (is load bearing) are considered "attached" and part of the principal structure. In these instances, setbacks for the principal structure apply to attached decks. Decks constructed in a manner where they support themselves but abut a principal structure are considered detached accessory structures.
c. Accessory structures shall be set back a minimum of 10 feet from a principal structure unless one of the following applies:
i. The applicable building code regulations in regard to fire-resistive construction are complied with allowing a minimum four-foot setback.
ii. The accessory structure is located in a mobile home park. The minimum separation required for mobile home parks is four feet between any principal structure, accessory structure, and deck on the same lot.
d. Accessory structures shall not occupy any portion of the street yard and/or required side yard setback.
e. In no event can the accessory structure be forward of the front line of the principal structure.
f. Accessory structures shall not exceed 20 feet in height.
g. Accessory structures shall not occupy more than 25% of the rear yard.
h. Accessory structures shall not be located within three feet of any other accessory structure or parcel line, or within five feet of an alley right-of-way line.
i. When an accessory structure is located on the rear of a reversed corner parcel, it shall not be located beyond the minimum front yard setback required on the adjacent interior parcel, or closer than three feet to the side parcel line of the adjacent structure.
7. Nonresidential districts.
a. Accessory structures in a nonresidential district may be established in the rear yard or side yard setback area.
b. Accessory structures shall be set back from a principal structure as based on the construction type and classification as required in the International Building Code (Table 602).
c. Accessory structures shall be set back a minimum of 10 feet from all parcel lines.
d. Accessory structures shall not exceed 30 feet in height.
e. When an accessory structure is located on the rear of a reversed corner parcel, it shall not be located beyond the minimum front yard setback required on the adjacent interior parcel, or closer than three feet to the side parcel line of the adjacent structure.
f. In no event can an accessory structure be forward of the front line of a principal structure.
C. Agriculture: keeping of bees.
1. All properties which include agriculture—keeping of bees as an accessory use shall comply with Section
7.04.12.
D. Agriculture: keeping of chickens.
1. All properties which include agriculture—keeping of chickens as an accessory use shall comply with Section
7.04.13.
E. Billboard or outdoor advertising.
1. All properties which include billboards or outdoor advertising must comply with the regulations of Title 14, Sign Code.
F. Central utility plant or electrical generator.
1. The central utility plant or electrical generator must be screened in accordance with Chapter 03, Division 5.
2. Noise from the central utility plant or electrical generator must meet standards in Section 13.03.12.A and state requirements.
G. Child-care center, licensed family.
1. Must comply with all state and local standards.
2. No person, other than members of the family residing on the premises, shall be engaged or employed. This shall not apply to a substitute nonresident person providing care on the premises while the owner/operator is sick or otherwise unable to provide care on a short-term basis.
3. The use of any accessory building or accessory structure for a day care is not allowed.
4. Play equipment, swings, sand boxes, or structures shall not be located in front yards or required side yards adjacent to streets.
5. If required to have an outdoor play area, such play area shall be fully enclosed by a fence, wall, or hedge of at least four feet in height.
H. Drive-through facilities.
1. Drive-through facilities may be allowed as an accessory use to a specialty food or coffee shop, restaurant, financial institutions, and commercial establishments, and other similar type uses as approved by the Planning Department.
2. Drive-through facilities are limited to one drive-through lane in the B-1 and MU-N Districts.
3. Drive-throughs must not be operated between the hours of 10:00 p.m. and 6:00 a.m. if within 300 feet of properties used for residential purposes.
4. A drive-through canopy must meet principal structure setbacks.
5. All elements of the drive-through service area, including but not limited to menu boards, order stations, teller windows, and vehicle lights from stacking lanes, must be screened from view of residences through one of the following:
a. Opaque fence at least six feet high;
b. Landscaped berm at least six feet high; or
c. Two staggered rows of evergreen trees with trees in each row spaced a maximum of 12 feet.
6. In addition to meeting the noise regulations included in Title 11, if within 300 feet of residential properties, speakers must not produce noise that exceeds 75 dBa as measured five feet from the speaker.
7. Vehicle stacking spaces for drive-through facilities shall be provided according to the following provisions:
a. Stacking spaces shall be a minimum of 10 feet by 20 feet in size. Required width for vehicle drive aisles may not be allocated toward stacking spaces or stacking lanes.
b. Measurement of stacking spaces shall begin behind the first point at which the vehicle must stop (which may be the order board, a pre-order board or payment/pickup window).
c. Stacking spaces shall be separated from other internal driveways by surface markings. Raised medians may be required where deemed necessary by staff for the purpose of traffic movement and safety.
d. Stacking spaces may not impede pedestrian movements, on- or off-site traffic movements, or movements in or out of off-street parking spaces.
e. A minimum stacking lane of six spaces or 120 feet must be provided.
I. Farmstead dwelling.
1. Farmstead dwellings for those resident owners and laborers actually engaged in the permitted uses are accessory uses and shall comply with all of the site dimensional standards of the R-2 Low-Medium Residential District.
J. Helipad or helistop.
1. Helipads or helistops are only allowed in conjunction with medical facilities.
2. There shall be a minimum distance from a heliport or helistop to any residential use of at least 500 feet, or the minimum required by federal or state agencies, whichever is greater.
3. The location and lighting of helipads or helistops in the vicinity of public roadways shall be shielded or screened so as to minimize distractions to motorists.
4. The landing pad shall be clearly designated as emergency only.
5. The direction of routes for takeoffs and landings shall minimize flight over adjacent residential areas.
K. Home occupation. A business, business activity, profession, occupation, or trade activity that is conducted by one (1) or more occupants of a dwelling, as an accessory use to the residential use of the dwelling, for economic gain. Permitted principal uses according to Table 13.02.22-1 in the Mixed-Use Neighborhood (MU-N) District in the Retail Sales or Services category are allowed as home occupations unless prohibited below.
1. The following activities shall be prohibited from being a home occupation:
b. Medical/dental office/clinics or similar;
c. On-site sale, resale, repair of automobiles, trucks, boats, trailers, or other motorized vehicles, repair or paint shops for motor vehicles, including motorcycles, all-terrain vehicles, recreational vehicles, farm or lawn implements or other small motors;
d. Animal kennels/boarding/day-cares in excess of what is allowed per Sec. 7.04.11.D.;
e. Dog breeding as defined by ATCP 16, Wis. Adm. Code;
f. Funeral, chapel or interment services;
g. Dispatch where persons come to a site and are dispatched to other locations;
i. Firearm-related training, instruction or similar establishment;
j. Anyone meeting the definition of firearms dealer under § 175.35 Subsection 1(ar), Wis. Stats., or an occupation involving the repetitive purchase and resale, exchange, production, refinement, packaging or handling of a dangerous weapon as defined under Section
11.02.13 or hazardous materials as defined under Section 5.03.13.B by any person. This prohibition shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of a personal collection;
k. Business that rents vehicles or equipment, such as trailers;
m. Manufacture, storage, sale of alcohol, controlled substances, nicotine or tobacco products and drug paraphernalia;
o. Large volume sales, wholesaling, manufacturing, storage and warehousing; and
p. Any occupation which creates loud or obnoxious noise or odors or unreasonable glare of illumination.
2. Minor Home Occupation. A home occupation that includes, but is not limited to, all activities commonly described as "knowledge work" as well as all other paid endeavors that leverage consumer-grade information and communication technology to sell products or deliver services. Such home occupation is permitted as long as the following standards are met:
a. The home occupation is conducted entirely within the enclosed portion of the residence and does not exceed twenty-five percent (25%) of the area of any one (1) floor or a detached accessory structure. The home occupation may occupy as much of a detached accessory structure as is not needed to meet off-street parking requirements.
b. The entrance to the space devoted to the home occupation is within the residence. There shall be no exterior evidence of the home occupation and no alterations, whether interior or exterior, shall change the character of the structure as a dwelling unit. This includes that no mechanical equipment or machinery shall be used for the home occupation other than is usually, customary, and incidental to the residence for domestic or hobby purposes.
c. The home occupation shall not have on-site outside employees. The home occupation shall not have more than one (1) customer at a time and no customers shall be allowed between the hours of 8:00 p.m. and 8:00 a.m.
d. No mechanical equipment/machinery shall be used other than is usual, customary, and incidental to the residence for domestic purposes. There shall be no activity or equipment used to create vibrations, glares, fumes, odors, electric or television interferences or noise in violation of the City's noise ordinances which is measureable at the property line.
e. There shall be no outside display or storage of goods, equipment or materials used in connection with the home occupation.
f. Except for articles produced on the premises, no stock in trade shall be stored or displayed on the premises.
g. Garage, basement, yard or other similar sales related to the home occupation are not allowed.
h. Signage shall be in compliance with regulations found in Title 14, Sign Code.
i. The property containing the home occupation shall maintain the required number of legal off-street parking spaces required for the residential use(s) and the home occupation use(s).
j. There shall be no commodities sold or services rendered that require receipt or delivery by means other than a delivery service customary to residential uses.
3. Major Home Occupation. A home occupation that includes, but is not limited to, one-on-one in-person professional and personal services and craft production or low-volume sales of small goods, such as artwork, clothing, personal accessories, decor, or baked goods. Such major home occupation is permitted as long as a home occupation license is obtained and the following standards are met:
a. The home occupation is conducted entirely within the enclosed portion of the residence or a detached accessory structure. The home occupation does not exceed twenty-five percent (25%) of the area of any floor within the principal structure. The home occupation may occupy as much of a detached accessory structure as is not needed to meet off-street parking requirements.
b. There shall be no exterior evidence of the home occupation and no alterations, whether interior or exterior, shall change the character of the structure as a dwelling unit. This includes that no mechanical equipment or machinery shall be used for the home occupation other than is usually, customary, and incidental to the residence for domestic or hobby purposes.
c. The home occupation may have one (1) on-site employee or contractor that is not an inhabitant of the dwelling. The home occupation shall not have more than two (2) customers at a time by appointment and no customers shall be allowed between the hours of 8:00 p.m. and 8:00 a.m.
d. No mechanical equipment/machinery shall be used other than is usual, customary, and incidental to the residence for domestic purposes. There shall be no activity or equipment used to create vibrations, glares, fumes, odors, electric or television interferences or noise in violation of the City's noise ordinances which is measureable at the property line.
e. There shall be no outside display or storage of goods, equipment or materials used in connection with the home occupation.
f. Except for articles produced on the premises, no stock in trade shall be stored or displayed on the premises.
g. Hobby, craft or art sales are permitted three (3) times per year for not more than three (3) calendar days per calendar year.
h. Signage shall be in compliance with regulations found in Title 14, Sign Code.
i. In addition to the minimum off-street parking required for the dwelling, two (2) off-street parking spaces must be provided for customers and one (1) off-street parking space must be provided for each on-site employee or contractor that is not an inhabitant of the dwelling.
j. There shall be no commodities sold or services rendered that require receipt or delivery by means other than a delivery service customary to residential uses.
L. Outdoor dining area.
1. The outdoor dining area shall be contiguous to the food or beverage service principal use to which it is accessory.
2. The outdoor dining area must not extend beyond the frontage of the principal use, unless a written statement, signed by the owners and tenants of any adjacent business fronting the street, indicates approval of the placement of the outdoor dining area in front of their business.
3. Outdoor dining may be permitted within any setback area on private property and on public right-of-way with the approval of the Board of Public Works and Common Council.
4. The outdoor dining area shall be clearly delineated by fences, walls, or plant materials that have a height of less than 42 inches.
5. None of the minimum number of off-street parking stalls required for the principal use shall be occupied by the outdoor dining area.
6. When an outdoor dining area is located adjacent to a street, a clear, continuous pedestrian path, parallel to the curb and not less than five feet in width, shall be required for pedestrian circulation outside of the outdoor dining area.
7. The outdoor dining area shall not include nor be located within five feet of bus stops, fire hydrants, or other facilities deemed necessary for public safety.
8. Operating hours for the outdoor dining area shall be consistent with the hours of the associated business. Outdoor dining areas within 300 feet of a residential zoning district shall not be operated between the hours of 10:00 p.m. and 7:00 a.m.
9. All food and drink preparation shall be performed within the principal use. No preparation or storage of food or drink shall be permitted within the outdoor dining area.
10. All equipment associated with the outdoor dining area that is stored outdoors when not in use shall be neatly stacked in an area approved by the Planning Department on a site plan.
11. Prerecorded music within the outdoor dining area shall only be permitted during the hours of operation of the outdoor dining area and shall be kept at a volume that does not create a nuisance for adjacent properties. There shall be no televisions within the outdoor dining area. Live music is not allowed unless otherwise approved under a special event permit.
12. Adequate lighting in and around the outdoor dining area shall be provided at all times. Lighting fixtures shall be limited to fixtures attached to the building facade or upon private property. Battery-operated lamps or candles placed on tables are permitted.
M. Outdoor sales area or tent.
1. Prior to installation, the applicant shall obtain a temporary tent permit for outdoor sales and/or events from the Inspection Department if the temporary tent is greater than 120 square feet. The applicant must abide by Wisconsin State Statutes concerning temporary structures as stated in the International Building Code.
2. Location(s) of outdoor sales areas and tents must be shown on a site plan for the property and are subject to the approval of the City. Outdoor sales areas and temporary tents and are not allowed in City rights-of-way. Outdoor sales areas and temporary tents shall not impede handicap parking stalls and shall be located a minimum of 10 feet from a principal structure.
3. Outdoor sales areas and tents are limited to 30 days per calendar year unless otherwise approved by the Planning Department. Temporary tent(s) may be installed for a maximum of 180 days annually; however, tent sale events that last longer than 30 days require Planning Department approval. Seasonal garden centers are allowed for a maximum of 120 days annually.
4. Outdoor sales areas and tents shall be limited to the goods sold at the principal use present on the site, except as regulated below:
a. Temporary tents for off-premises sales (sales event by an external party). Tent(s) are allowed for up to 30 days. Plan Commission approval is required for tent(s) to be installed up to for a maximum of 90 days annually. The external party is required to have property owner consent to operate, to disclose materials being stored and sold during the event, maintain liability insurance for the duration of the temporary sale in the amount of $1,000,000, and obtain a solicitor's license from the City Clerk prior to the event.
b. Temporary produce tents/stands. The owner/operator of the temporary produce tent/stands is required to have a La Crosse County Health Department Permit, property owner consent to operate and all equipment shall be removed from the property nightly. Temporary produce tents/stands are limited to fewer than 30 days annually.
5. Temporary tents for events held on nonresidential parcels.
a. Private events. Private events are defined as "invitation only" events and not open to the general public. A temporary tent permit for outdoor sales or events is required.
b. Community events. If a temporary tent for a community event is installed for up to 96 hours, a temporary tent permit for outdoor sales or events is required, but the fee shall be waived. If such tent(s) are up for longer than 96 hours, the fee is required. No tent may be allowed in City rights-of-way unless approved by the City Engineer.
6. Outdoor sales areas and tents shall not include portable toilets.
N. Outdoor display areas.
1. Outdoor display areas may not be located within required setback areas and are limited to the lesser of 150 square feet or a maximum of 25% of the width of a building frontage that contains a customer entrance or exit. There shall be no more than one building frontage with an outdoor display area.
2. Outdoor display areas are to be located immediately adjacent to and within the dimensions of the building frontage and shall not extend beyond the building edge.
3. Outdoor display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). Four feet is the minimum width required to maintain pedestrian access.
4. Outdoor display areas shall not exceed a height of five feet, except that vending machines or cabinets for items such as beverages, ice, movies, and propane may exceed the height as long as there are no more than three machines per frontage.
5. Outdoor display areas shall be maintained in an orderly and attractive manner.
6. Outdoor display areas shall be limited to products sold within the principal structure and shall not serve as a storage area for inventory.
O. Residential swimming pools.
1. Permit required. Before work is commenced on the construction or erection of a swimming pool or on any alterations, additions, remodeling or other improvements; an application for a building permit, electrical permit, and/or a gas piping permit to construct, erect, alter, remodel or add must be submitted in writing to the Inspection Department. Plans and specifications and pertinent explanatory data shall be submitted to the Inspection Department at the time of application and no work shall commence until a permit has been issued by the Inspection Department.
2. Types of pools requiring permits. Permits shall be required for the construction of the following types of swimming pools:
a. In-ground pools, whether indoor or outdoor.
b. Aboveground pools, except for storable swimming or wading pools having a diameter of 18 feet or less and a wall height of four feet or less and installed for less than 180 days in a calendar year.
3. Construction requirements. In addition to such other requirements as may be reasonably imposed by the Inspection Department, the Inspection Department shall not issue a permit for construction, unless the following construction requirements are observed:
a. All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accordance with all state regulations and code and with any and all ordinances of the City now in effect or hereafter enacted.
b. All plumbing work shall be in accordance with all applicable ordinances of the City and all state codes. Every swimming pool shall be provided with a suitable draining method. No swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Inspection Department.
c. All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a swimming pool shall be in conformance with the state laws and City Ordinances regulating electrical installations.
d. All pumps, filters, disinfectant and chemical feeders, drains, ladders, lighting, ropes and appurtenant equipment used in the operation of all swimming pools, spas, diving towers and water slides shall be maintained in a good state of repair.
e. Areas surrounding a swimming pool, including decks and fencing, bathhouses, dressing rooms, toilets, shower stalls and lounging areas shall be kept clean and in a state of good repair at all times. The walls, floors, equipment of appurtenant facilities at a spa or swimming pool must be maintained in a clean and sanitary condition at all times.
4. Setbacks. Swimming pools requiring a building permit must meet the following setbacks:
a. Swimming pools are allowed only in rear yards of parcels with existing principal structures or where a principal structure is under construction with a valid building permit issued by the Inspection Department.
b. No swimming pool shall be located, constructed or maintained closer than six feet to any side or rear parcel line.
c. Swimming pools shall not be located within three feet of any other accessory structure.
d. Detached accessory structures shall be set back a minimum of 10 feet from a principal structure.
e. Swimming pools are considered a detached accessory structure and alone, or in combination with other detached accessory structures, shall not occupy more than 25% of the rear yard.
5. Proper enclosure required. Every swimming pool which extends wholly above the ground or partially above the ground shall, at all times, be enclosed so as to prevent people and animals from accidentally falling into such pool.
a. Pool wall may serve as barrier. An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool a minimum of four feet above the level of the ground immediately adjacent to the pool. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.
b. Fence or other wall may serve as barrier. An approved barrier shall consist of a properly erected and maintained wall or fence at least 48 inches in height, which entirely surrounds the pool. Every such fence shall be constructed in accordance with the requirements of Chapter 03, Division 4. Every such wall or fence shall be located not less than six feet from the vertical, water-enclosing wall of the pool. All gates in such walls or fences shall be self-enclosing and self-latching, and shall be at least 48 inches in height with latches placed at least 48 inches above the ground level, or such gate latch shall be made inaccessible to small children in some other manner approved by the Inspection Department.
6. Compliance. All swimming pools existing at the time of passage of this Code of Ordinances not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the swimming pool.
7. Filter system required. All swimming pools shall contain some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
8. Dirt bottoms prohibited. All swimming pools shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.
P. Satellite earth station.
1. Not more than one satellite earth station may be allowed per individual recorded lot in residential districts. In nonresidential districts, the Zoning Administrator may approve additional stations.
2. Any satellite dish mounting post shall only be located in the rear yard and at least six feet from any property line. No dish shall be placed in the front yard of any lot.
3. Satellite earth stations located in residential districts shall be ground-mounted only.
4. Satellite earth stations may be wall or roof mounted in Agricultural, Business, Public, or Industrial Districts only.
5. Height.
a. A ground-mounted satellite dish may not exceed 12 feet in height, as measured from the ground to the highest point of the dish.
b. A roof-mounted satellite dish may not exceed eight feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.
6. All satellite earth stations shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 mph.
7. Electrical installations in connection with earth satellite receiving stations, including grounding of the system, shall be in accordance with the National Electrical Safety Code, Wisconsin State Electrical Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the satellite earth station to the receivers shall be installed underground unless installation site conditions preclude underground. If a satellite earth station is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All satellite earth stations shall be grounded against direct lightning strikes.
8. No portable or trailer-mounted satellite earth station shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall give written notice to the Zoning Administrator of the date when such placement shall begin and end.
9. No form of advertising or identification, sign or mural is allowed on the dish or framework other than the customary manufacturer's identification plates.
10. Satellite earth stations shall be filtered and/or shielded so as to prevent the emission or reflection of an electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the satellite earth station shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission Regulations.
11. Compliance with federal regulations. The installation and use of every satellite earth station shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.
12. The color of any satellite dish shall be such that it blends into its surroundings.
Q. Satellite television dish or radio or television antennas/towers.
1. For aesthetic and safety purposes, no satellite television dish or radio or television antennas/towers shall be erected or installed within the front yard. The rear setback and the side setback shall be that for the principal structure within the respective zoning district.
2. For aesthetic and safety purposes, no radio or television tower shall exceed a height of 60 feet above the ground measured at grade level. No tower may exceed height limitations as established by the AOZD height limitations.
3. For aesthetic and safety purposes, radio or television antenna towers shall be erected and installed in accordance with the Wisconsin State Electrical Code, National Electrical Safety Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
4. For aesthetic and safety purposes, the diameter of the satellite television dish shall not exceed 10 feet for the ground-mounted dish and six feet for the roof-mounted dish, except for stations used to provide community antenna television services.
R. Short-term vacation rental.
1. The maximum number of overnight guests will be limited to two times the number of bedrooms rented plus one.
2. Events are not allowed to be hosted by transient guests on the premises. An event means a gathering on the premises of more than three unregistered transient guests. Events hosted by the property owner are allowed, but must abide by all applicable City ordinances and polices, including the prohibition on renting private residential property out for events.
3. Dwelling requirements.
a. The dwelling must be connected to City sewer and water.
b. Rooms used for sleeping shall have egress windows and smoke detectors.
c. The guest(s) must have access during their entire stay to a full bathroom, including sink, toilet, and tub or shower.
d. Accommodation of guests is not allowed in recreational vehicles, tents, accessory structures, fish houses, or similar structures.
4. Parking.
a. All guest parking must be accommodated on improved surfaces on the premises. No on-street parking is allowed for guests.
b. At a minimum, parking shall be provided at the following rate:
i. One space for each one- to two-bedroom rental;
ii. Two spaces for each three-bedroom rental;
iii. Spaces equal to the number of bedrooms minus one for each four- and more-than-four-bedroom rental.
c. In short-term vacation rentals where the property owner resides on the premise, additional off-street parking for personal use must be provided at a rate of one parking space per two bedrooms not dedicated to the guest use.
5. If not residing on the property, the property owner or a manager/representative must be located within 30 miles of the property. The property owner shall maintain with the City the name, address, phone number, and email for the local contact or managing agent for the property.
6. A guest record must be maintained, including the name, address, phone number, and vehicle license plate information for all guests. This record must be provided to the City within 48 hours of a request for the guest record.
7. The property owner must disclose in writing to their transient guests the following rules and regulations. This disclosure shall be conspicuously displayed in the home:
a. The name, phone number and address of the owner, operating lessee or managing agent/representative.
b. The maximum number of guests allowed at the property.
c. The maximum number of vehicles allowed at the property and where they are to be parked.
d. City nuisance ordinances requirement that noise levels be reduced between 10:00 p.m. and 8:00 a.m. and that this will be enforced by the Onalaska Police Department.
e. Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities.
8. All garbage must be kept in rubbish containers that are stored out of view of a public street.
9. No signage pertaining to the short-term vacation rental is allowed on the property.
S. Sign.
1. All signs shall meet the requirements of Title 14, Sign Code.
T. Telecommunications structures and towers.
1. Mobile service support structures and facilities.
a. Purpose. The purpose of this subsection is to regulate (1) the siting and construction of new mobile service support structures and facilities; (2) with regard to Class 1 collocation, the substantial modification of an existing support structure and mobile services facilities; and (3) with regard to a Class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile services facilities; avoid damage to adjacent properties from support structure failure or structure icing; encourage the joint use of support structures; and accommodate the communication needs of the residents and businesses while protecting the public health, safety and general welfare. It is the intent of the City of Onalaska to regulate mobile service support structures and facilities as permitted by §
66.0404, Wis. Stats.
b. Authority. The City of Onalaska has the specific authority under §
66.0404, Wis. Stats.
c. Definitions. The definitions contained in §
66.0404(1), Wis. Stats., and as amended, are hereby adopted and incorporated by reference.
SUBSTANTIAL MODIFICATIONThe modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
i. For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.
Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.
Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
d. Siting and construction of new mobile services support structures and facilities or the substantial modification of an existing support structure and mobile service facilities (Class 1 collocation).
i. Conditional use permit required. A conditional use permit or an amended conditional use permit is required for the siting and construction of a new mobile services support structure and facility and/or substantial modification of an existing support structure and mobile service facilities (Class 1 collocation) and is subject to the conditions set forth in this subsection as well as any applicable site plan review and required permitting under the City Building Code, Title 15.
ii. Application for conditional use permit. A permit application will be provided by the Zoning Administrator upon request to any applicant. Applications shall be completed and filed with the Zoning Administrator and shall include the information required under §
66.0402(2), Wis. Stats.
iii. If an applicant submits an application for a permit to engage in an activity described in this subsection, which contains all of the required information, the Zoning Administrator shall consider the application complete. At the time the application is submitted, a fee shall be paid as set forth on the City of Onalaska Fee Schedule. If the Zoning Administrator does not believe the application is complete, the applicant shall be notified in writing, within 10 days of receiving the application, that the application is not complete and outlining the required information needed to complete the application. An applicant may resubmit an application as often as necessary until it is complete.
iv. Referral to Plan Commission. After an application is complete, the matter shall be referred to the Plan Commission for review.
1. Within 90 days of its receipt of a complete application, the Plan Commission and Zoning Administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree in writing to an extension of the 90-day period:
a) Review the application to determine if it complies with all applicable aspects of the City of Onalaska's Building Code and subject to the limitations in this subsection and the Unified Development Code.
b) Make a final decision whether to approve or disapprove the application.
c) Notify the applicant in writing of its final decision.
d) If the decision is to deny the application, the Zoning Administrator will include with the written notification the substantial evidence which supports the decision.
2. The Plan Commission may deny an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described above.
3. An applicant must provide the Plan Commission with proof that the support structure complies with district setbacks or with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required, including snow and ice fall areas, then the Unified Development Code does not apply to such a structure unless the Plan Commission or Zoning Administrator provides the applicant with substantial evidence that the engineering certification is flawed.
e. Class 2 collocation.
i. Class 2 collocation permit required. A Class 2 collocation permit is required for collocation on an existing support structure and mobile service facilities. A Class 2 collocation is a permitted use and requires the issuance of a Class 2 collocation permit.
ii. Application for a Class 2 collocation permit. A permit application will be provided by the Zoning Administrator upon request to any applicant. Applications shall be completed and filed with the Zoning Administrator and shall include the following information:
1. The name and business address of and the contact individual for the applicant, for the property owner, and for the owner of the proposed mobile service facility and for the existing support structure.
2. A map detailing the location of the proposed or affected support structure.
3. A map detailing the location of the proposed or affected mobile service facility.
iii. A Class 2 collocation is subject to the same requirements for the issuance of building and electrical permits to which any other type of commercial development or land use development is subject.
iv. If an applicant submits to the Zoning Administrator an application for a Class 2 collocation permit to engage in an activity described in this subsection, which contains all of the information required under this subsection, the Zoning Administrator shall consider the application complete. At the time the application is submitted, a fee shall be paid as set forth on the City of Onalaska Fee Schedule. If any of the required information is not in the application, the Zoning Administrator 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.
v. Within 45 days of its receipt of a complete application, the Zoning Administrator shall complete all of the following or the applicant may consider the application complete, except that the applicant and City may agree in writing to an extension of the 45-day period.
1. Make a final decision whether to approve or disapprove the application.
2. Notify the applicant, in writing, of its final decision.
3. If the application is approved, issue the applicant the relevant Class 2 collocation permit.
4. If the decision is to deny the application, the Zoning Administrator will include with the written notification the substantial evidence which supports the decision.
f. Setbacks and fall zone requirements. The following setbacks and fall zone requirements shall apply to new construction or the substantial modification of facilities and support structures for which a permit is required:
i. Mobile service support structures must be set back a distance at least equal to the height of the structure from any off-site residential lot line or any parcel of land zoned Low Density Residential (R-1), Low-Medium Density Residential (R-2) or Medium Density (R-3) Residential Districts.
ii. Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements for a principal structure.
iii. Road setbacks: Follow state and federal requirements for setbacks adjacent to state/federal right-of-way.
iv. Adherence to vision clearance triangles.
g. Penalty provisions. Any person, partnership, corporation or other legal entity that fails to comply with the provisions of this subsection shall, upon conviction, pay a forfeiture as set forth in Title 1 of the City Code, plus the applicable surcharges, assessments and costs for each violation and/or revocation of the conditional use permit. Each day a violation exists or continues constitutes a separate offense under this subsection.
2. Radio broadcast services tower/facility/structures.
a. Purpose. It is the intent of this subsection to strike a balance between the federal interest in promoting amateur operations and the legitimate interest of the City of Onalaska in regulating local zoning; to permit antennas without creating adverse aesthetic impacts, particularly in residential neighborhoods, by specifying the number, location and size of antennas; to protect the health, safety and general welfare of the community through the issuance of a building permit to assure installation 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; to protect the integrity of public utility installations by prohibiting the installation of appurtenant equipment within easements so reserved for the public benefit.
b. "Radio broadcast services facilities" are defined as facilities for the regular provision of a commercial or noncommercial service involving the transmission, emission or reception of radio waves for the transmission of sound or images in which the transmissions are intended for direct reception by the general public, including antennas and antenna support structures.
c. Application.
i. Conditional use permit required. A conditional use permit is required for:
1. The modification of a pre-existing facility or structure; or
2. The construction of any new radio broadcast service facility or structure or other telecommunication facility or structure.
ii. Application. The Zoning Administrator will provide a conditional use permit application upon request. An applicant's form will be processed upon completion and submittal of the application and fee as set forth on the City of Onalaska Fee Schedule to the Zoning Administrator.
1. A radio broadcast services tower/facility/structure is subject to the same requirements for the issuance of building and electrical permits to which any other type of commercial development or land use development is subject. If an applicant submits to the Zoning Administrator an application for a conditional use permit to engage in an activity described in this subsection, which contains all of the information required under this subsection, the Zoning Administrator shall consider the application complete. If any of the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete and outlining the required information needed to complete the application. An applicant may resubmit an application as often as necessary until it is complete.
iii. Referral to Plan Commission. After an application is complete, the matter shall be referred to the Plan Commission for review. Within 90 days of its receipt of a complete application, the Plan Commission and Zoning Administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and City may agree in writing to an extension of the 90-day period.
1. Review the application to determine if it complies with all applicable aspects of the City's Building Code and Unified Development Code, subject to the limitations in §
66.0406, Wis. Stats.
2. Make a final decision whether to approve or disapprove the application.
3. Notify the applicant, in writing, of its final decision.
4. If the application is approved, issue the applicant the relevant conditional use permit.
5. If the decision is to deny the application, the Zoning Administrator will include with the written notification the substantial evidence which supports the decision.
d. Requirements. The following additional requirements shall be required in the interest of public safety:
i. Lighting. Towers and antennas shall not be illuminated or display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower or antenna, light figures used to illuminate ball fields, parking lots or similar areas may be allowed with approval from the Plan Commission.
ii. Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
iii. Antennas mounted on roofs, walls and existing towers. The placement of telecommunication antennas on roofs, walls and existing towers may be approved by the Plan Commission, provided the antennas meet the requirements of this subsection, after submittal for a conditional use permit and a report prepared by a qualified engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.
iv. Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study, which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.
e. Abandonment and removal. Any antenna, radio broadcast or telecommunication support structure that is not operated for a continuous period of 12 months shall be considered abandoned. Upon application, the Zoning Administrator may extend the time limit to abandon one time for an additional six-month period as requested by the property owner. Such extension shall be based on the finding that the owner or permit holder is actively seeking tenants for the site. After the expiration of the time periods established above, the following shall apply:
i. The owner of such antenna, radio broadcast or telecommunication facility or radio broadcast or telecommunication support structure shall remove said antenna, facility or service support structure, including all supporting equipment, building(s) and foundations, to the depth as otherwise herein required within 90 days of receipt of notice from the Zoning Administrator notifying the owner of such abandonment. If there are two or more users of a single services support structure, this provision shall not become effective until all operations of the support structure cease. If removal does not occur in the time frame requested by the City, the City may perform the work and assess the owner or permit holder of the mobile services support structure.
ii. The recipient of a conditional use permit allowing a mobile service support structure and facility under this subsection, or the current owner or operator, shall notify the Zoning Administrator within 45 days of the date when the mobile services facility is no longer in operation.
f. Penalty provisions. Any person, partnership, corporation or other legal entity that fails to comply with the provisions of this subsection shall, upon conviction, pay a forfeiture as set forth in Title 1 of the City Code and/or revocation of the conditional use permit, plus the applicable surcharges, assessments and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this subsection.
U. Temporary storage unit requirements
1. General requirements. A temporary storage unit is a transportable, independent storage unit (i.e., shipping/cargo container, freight/intermodal container, POD), but does not include roll-off dumpster containers. Such units may only be utilized for temporary storage for the principal structure uses. The applicant is responsible for ensuring that the temporary storage unit is maintained in good condition, free from evidence of deterioration, weathering, graffiti, rust, ripping, tearing or other holes or breaks at all times. In no instance may a temporary storage unit be used for human habitation purposes or permanent storage. No temporary storage unit shall be used to store illegal, harmful, flammable, hazardous materials or be used for advertising purposes. Upon reasonable notice to the applicant, the Inspection Department may inspect the contents of any temporary storage unit at any reasonable time to ensure it is not being used to store said materials. Failure to comply with this subsection shall be grounds for the Inspection Department to order the removal of any temporary storage unit.
2. For parcels zoned Mixed-Use Community District (MU-C) with a commercial use, Regional Business (B-3), Light Industrial (I-1) or Heavy Industrial (I-2) Districts, temporary storage units shall be permitted provided the following standards are met:
a. A temporary storage unit permit shall be issued by the Planning Department for each unit prior to the placement on a parcel. A temporary storage unit shall be valid for six weeks from the date of permit issuance.
b. All units shall be removed from the parcel prior to the expiration of the permit. A temporary storage unit may be renewed once for an additional six weeks in a calendar year with a new application and fee submitted prior to expiration of the original permit. A written plan for removal of the temporary storage unit(s) on the subject property must be submitted prior to the renewal of any temporary storage unit permit.
c. The placement of any temporary storage unit shall meet the following requirements:
i. Ten-foot setback from any adjacent property line or public road right-of-way.
ii. Shall not interfere with traffic flow on any public road, private drive, or parking lot.
iii. Placement within a vision clearance triangle or on top of another unit or structure is prohibited.
iv. If placed in a manner where parking stalls will be reduced, the Planning Department shall review the placement and parking lot to ensure that the temporary storage unit(s) does not reduce the number of parking stalls below the minimum required in the Unified Development Code.
v. Temporary storage units may only be installed on an approved hard surface on private property.
3. For parcels zoned Low-Density Residential (R-1) and Low-Medium Density Residential (R-2) Districts, single- or two-family residences zoned Medium-Density Residential (R-3) and High-Density Residential (R-4) Districts, and single- or two-family residences zoned Mixed-Use Neighborhood (MU-N) and Mixed-Use Community (MU-C) Districts, one temporary storage unit is allowed per parcel for up to 30 days in a calendar year, less than 160 square feet in footprint. Temporary storage units may only be installed on an approved hard surface on private property.
V. Temporary tent, canopy, carport or similar membrane materials structures.
1. For parcels zoned Low-Density Residential (R-1) and Low-Medium Density Residential (R-2) Districts, single- or two-family residences zoned Medium-Density Residential (R-3), High-Density Residential (R-4) Districts, Mixed-Use Neighborhood (MU-N) and Mixed-Use Community (MU-C) Districts, Neighborhood Business (B-1) and Community Business (B-2) Districts, and Public and Semi-Public (P-1) and Parks and Open Space (P-2) Districts, such structure(s), including but not limited to tents, canopies, carports or similar membrane structures, that are designed for a manner for temporary use, are allowed to be installed for up to 180 days in a calendar year without a building permit.
2. All such structures shall conform to the setbacks set forth for accessory structures.
3. All such structures shall conform to the structure strength (wind load, snow load, etc.) and fire safety standards found in the International Building Code as adopted by Wisconsin State Statutes.