The provisions of this chapter shall be held to be minimum requirements for the promotion of public health, safety, morals, welfare and aesthetic quality in the City of Neillsville.
Where the conditions imposed by this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other laws, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or impose higher standards or requirements) shall be enforced.
This chapter does not abrogate existing easements, covenants, or any other private agreements, provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements the requirements of this chapter shall prevail.
Except as may otherwise be provided in § 450-14, Nonconforming uses, all buildings erected hereafter, all structural alterations or relocations, all uses of land or buildings established and all enlargements of or additions to existing uses occurring after the adoption of this chapter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses, or land shall be located.
Any lawful building, structure, or use existing at the time of the enactment of this chapter may be continued, even though such building, structure or use does not conform to the provisions of this chapter for the district in which it is located, and whenever a district shall be changed thereafter, the then-existing lawful use may be continued, subject to the provisions of § 450-14, Nonconforming uses, of this article.
Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within 90 days of such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued.
After the adoption of this chapter, no lot area shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met.
Accessory buildings shall not occupy more than 30% of the required area for the rear yard.
[Amended 7-27-2021 by Ord. No. 1065]
Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the ordinary projections of sills, cornices, and ornamental features. In addition, the following obstructions are also permitted:
A.
Fire escapes. These may not extrude more than five feet.
B.
Open terraces not over four feet above the average level of adjoining ground but not including permanently roofed-over terrace or porch.
C.
Awnings and canopies.
D.
Steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.
E.
Chimneys, provided they do not project more than 18 inches into a required yard.
F.
Recreational equipment.
G.
Laundry-drying equipment.
H.
Arbors, trellises, landscaping and trees.
I.
Flag poles.
J.
Television and/or radio antennas, provided the base unit is within 30 inches of the eaves of the principal structure and the entire antenna does not project more than eight feet into any required side or rear yard. In no case may an antenna project into the required front yard.
K.
Fences are allowed in all yards, provided they are within the height and construction limitations specified in Chapter 225, Fences, of the Code of the City of Neillsville. Continuous linear shrubbery, such as hedges, are allowed in all yards, provided they are within the limitations as follows:
(1)
In front yards, not to exceed four feet in height, except at corner lots where it may not exceed three feet.
(2)
In side and rear yards, not to exceed five feet.
(3)
On any corner lot where there exists any, or a combination of any, two existing or proposed intersecting streets, highways or alley rights-of-way, not to exceed two feet in the triangular space formed within 15 feet of the intersection.
(4)
Do not extend into or encroach upon sidewalks.
L.
Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40% of the required yard width or three feet.
M.
Visual clearance. No obstructions, such as structures, parking or vegetation, shall be permitted in any district between the heights of 2 1/2 feet and 10 feet above the average curb grades or the street or highway grades at the center line where there is no curb within the triangular space formed by any two existing or proposed intersection streets, highway or alley right-of-way lines and a line adjoining points on such lines located a minimum of 15 feet from their intersection.
N.
Exceptions. This section shall not apply to electric, gas and communication lines installed and maintained under regulation of a governmental agency, provided that a permit shall be required for more than one pole to be erected within the fifteen-foot traffic visibility area at any intersection of two public roads. In the case of arterial highways intersecting with other arterial highways or railways, the distances establishing the triangular vision clearance space shall be increased to 50 feet, except that necessary streetlighting and power transmission poles shall be exempt from this increased setback requirement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Board of Appeals determination. In order to ensure that this chapter will permit all similar uses in each district, the Zoning Board of Appeals, upon its own initiative or upon any written application, shall determine whether a use not specifically listed as a permitted use or a conditional use in commercial, residential or industrial districts shall be deemed a permitted use or a conditional use in one or more districts on the basis of similarity to uses specifically listed.
B.
Application. Application for determination that a specific use should be included as a permitted use or a conditional use in commercial, residential or industrial districts shall be made in writing to the Zoning Administrator and shall include a detailed description of the proposed use and such other information as may be required by the Common Council or Zoning Board of Appeals, as applicable, to facilitate the determination.
C.
Investigation. The Zoning Board of Appeals shall make or have made such investigations as it deems necessary to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter and to make a determination of its classification.
D.
Determination. The determination of the Zoning Board of Appeals shall be rendered in writing within 60 days from application and shall include findings supporting the conclusion.
E.
Effective date of determination. Within five days following the date of a decision of the Zoning Board of Appeals on a request on determination as to use not listed, the Board shall transmit to the Common Council and petitioner written notice of the decision.
[Amended 5-24-1994 by Ord. No. 917; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Purpose. The purpose of this section is to minimize the hardships that may unintentionally occur to citizens whose present use of their lots, buildings and structures thereon do not conform wholly with the provisions of this chapter. Only uses which were lawful under existing ordinances before the adoption of this chapter are protected by the provisions of this section.
B.
Special conditions of nonconforming use. Present uses of buildings and premises may be continued even though they do not meet the provisions of this chapter, provided any consequent structural repairs or alterations of such buildings and premises may not exceed 50% of their assessed value at the time they become a nonconforming use. All outdoor advertising structures, signs and businesses existing before the adoption of this chapter may be continued, their nonconforming structures notwithstanding.
C.
Discontinuance of use. A nonconforming use may be discontinued when the following conditions prevail:
(1)
Where a nonconforming use is discontinued for a period of at least 12 consecutive months or whenever there is clear evidence on the part of the owner to abandon a nonconforming use. Such use after being discontinued or abandoned may not be continued. This provision applies to both residential and nonresidential uses.
(2)
Where a structure containing nonconforming use is destroyed by any means to the extent that 50% of its total value is destroyed, the structure can only be reconstructed and used as a conforming use, unless the only nonconforming use is lot size, in which case this section will not apply. Restoration or repair of the structure must be started within a period of 90 days from the date of damage or destruction, and diligently pursued to completion.
(3)
Only normal maintenance of structures containing a nonconforming use is permitted, including necessary non-structural repairs and incidental alterations, provided such repairs and alterations do not extend and intensify a nonconforming use.
(4)
Pursuant to § 62.23(7)(hc), Wis. Stats., and notwithstanding any other provision of this chapter, a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored to, or replaced at, the size, location, and use that it had immediately before the damage or destruction occurred, and no limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.
A.
Purpose. The purpose of this section is to regulate the conditions under which occupations may be carried on at homes in order that such home occupations may not undermine the general intents and purposes of this chapter and the specific purposes of the residential districts.
B.
Conditions of use. The following provisions are conditions of use for home occupations, except that the provisions in the definition of "professional home offices" in § 450-3B of this chapter, shall apply to professional home offices:
(1)
Only those occupations which by their nature can be carried out safely in homes without generating any nuisance or hazards are allowed.
(2)
Such occupations shall not have more than one principal and one assistant involved in the operation other than family members living on the premises.
(3)
Home occupations may not occupy more than 15% of the total floor area of the house.
(4)
Activities which involve the manufacture, storage, utilization, processing or storage of inflammable and explosive materials shall not be carried out.
(5)
No operation producing any form of glare or heat shall be carried out as home occupations.
(6)
Home occupations shall not produce noise or sound that may be heard in the adjacent property.
(7)
No odors or vibrations may emanate from home occupations.
(8)
No activity shall emit radioactive or electrical disturbances outside the premises that are dangerous or may adversely affect the use of neighboring premises.
[Amended 8-12-1986 by Ord. No. 868]
No animal, reptile or fowl, including horses, cows, sheep, chickens, geese, ducks, swine and goats, shall be kept within the City, except domestic pets such as dogs and cats, and except by majority vote of those elected to the Common Council. The commercial raising of all animals and fowl is prohibited, except by majority vote of those elected to the Common Council. No bees or hive of bees shall be kept or allowed to remain in the open upon private property in the City of Neillsville, except as a conditional use.