The jurisdiction of this chapter shall include all lands and water within the corporate limits of the City and shall also extend to those lands and waters lying within the unincorporated area within 1 1/2 miles of the corporate limits that are approved by a majority of the appropriate Joint Extraterritorial Zoning Commission pursuant to § 62.23(7a), Wis. Stats.
After the effective date of this chapter, no structure, land or water shall be used and no structure or part thereof shall be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this chapter and all other applicable local, town, county and state regulations.
The duty of the Building Inspector, with the aid of the Police Department, shall be to investigate all complaints, to give notice of violations, and to enforce the provisions of this chapter. The Building Inspector and his duly appointed deputies may enter at any reasonable time onto any public or private lands or waters to make a zoning inspection in accordance with § 66.0119, Wis. Stats.
A town or county which has been issuing building permits may continue to do so, but the City Building Inspector shall approve such permits as to zoning prior to their issuance.
A.
No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Plan Commission and appropriate Joint Extraterritorial Zoning Commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community.
B.
The City Plan Commission and appropriate Joint Extraterritorial Zoning Commission, in applying the provisions of this section, shall, in writing, recite the particular facts upon which they base their conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability.
[Added by Ord. No. 845-97]
All lots shall abut upon a public street and each lot shall have a minimum frontage of 60 feet, except in the case of single-family zoned areas where the minimum frontage may be reduced to 40 feet on cul-de-sac lots only.
All principal structures shall be located on a lot, and only one principal structure shall be located, erected or moved onto a lot.
No permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
Where public wastewater service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in accordance with the Wisconsin Administrative Code.
Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yards in the less restrictive district shall be modified for a distance of not more than 50 feet from the district boundary line so as to equal the average of the street yards required in both districts.
Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction.
Unclassified or unspecified uses may be permitted by the Zoning Board of Appeals after the Plan Commission and appropriate Joint Extraterritorial Zoning Commission have made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.
Temporary uses, such as real estate sales field offices or shelters for material and equipment being used in the construction of a permanent structure, may be permitted by the Zoning Board of Appeals.
The yard requirements stipulated elsewhere in this chapter may be modified as follows:
A.
Uncovered stairs, landings, and fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line.
B.
Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard, but such projections shall not exceed two feet.
[Amended 2-10-2003 by Ord. No. 934-2003; 3-8-2004 by Ord. No. 951-2004; 12-12-2023 by Ord. No. 1136-2023]
A.
General. Accessory uses and accessory structures and detached garages are permitted in the rear yard only. They shall not be closer than 10 feet to the principal structure and shall not be closer than three feet to any lot line nor five feet to any alley line. In the R-AA, R-A and R-B Single-Family Districts, R-B-1 Mixed One- and Two-Family District, R-C Two-Family District, RM Multiple-Family District, and B-3 Neighborhood Business District, accessory structures and garages shall not exceed 18 feet in height. The pitch of the roof of the accessory structure shall not exceed the pitch of the roof of the principal structure unless approved by the Plan Commission.
B.
Design standards. Accessory structures must be compatible with the primary building in terms of its character, roof shapes, building materials, colors and architectural details.
C.
Detached garages. One detached garage is permitted per residential lot and the structure shall be serviced by a driveway constructed of concrete or asphalt. Detached garages must contain at least one overhead door and comply with all other provisions of this code.
(1)
Floor area.
(a)
In residential districts R-AA, R-A, R-B, R-B-1, and R-C the floor area of a detached garage shall not exceed 720 square feet for lots 0.5 acres or less and 1,080 square feet for lots over 0.5 acres.
(b)
In residential multiple-family RM districts, the floor area of a detached garage shall not exceed 384 square feet per unit served.
D.
Other detached accessory structures. In addition to a detached garage, one additional accessory structure is permitted per residential lot. The floor area of an accessory structure shall not exceed 200 square feet.
E.
Combined square footage of accessory structures. In residential districts R-AA, R-A, R-B, R-B-1, and R-C, if only one detached building is constructed the maximum allowable sizes of the accessory structure and detached garage may be combined to permit one larger detached garage.
F.
Modifications to floor area. The maximum floor area of an accessory structure or the requirement that detached garages are serviced by a driveway may be modified subject to plan commission approval. In determining whether to modify maximum floor area or omit the requirement that a detached garage is serviced by a driveway, the commission shall consider and apply the following non-exhaustive list factors: the size of the lot, the size and location of other structures on the lot, and any other unique circumstances applicable to the lot, the owners, or the proposed use of the property.
A.
Permit issuance. After review and a public hearing, the Plan Commission and the appropriate Joint Extraterritorial Zoning Commission may authorize the Building Inspector to issue a permit for conditional uses, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community.
B.
Notice. A Class 2 notice shall be published for public notice of hearing.
C.
Permit application. Application for a conditional use permit shall be made on the forms furnished by the Building Inspector and shall include the following where applicable:[1]
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.
(2)
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(3)
Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, floodplain districts, uses, and size of the subject site; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; and existing and proposed street, side and rear yards. In addition, the plot of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.
(4)
Proposed sewage disposal plan if municipal sewage service is not available. This plan shall be approved by a registered engineer or governmental agency who or which shall certify in writing that satisfactory, adequate, and safe sewage disposal is possible on the site as proposed by the plan in accordance with applicable local, town, county, and state regulations.
(5)
Proposed water supply plan if municipal water service is not available. This plan shall be approved by a registered engineer or governmental agency who or which shall certify in writing that an adequate and safe supply of water will be provided.
(6)
Additional information as may be required by the Building Inspector, Plan Commission or appropriate Joint Extraterritorial Zoning Commission.
D.
Permit review and approval.
(1)
The Plan Commission and appropriate Joint Extraterritorial Zoning Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewage and water systems, and the proposed operation.
(2)
Conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
E.
Fees. All persons, firms or corporations performing work which by this chapter requires the issuance of a conditional use permit shall pay a fee to the City Clerk to help defray costs of administration, advertising, etc. Permit fees do not include and are in addition to building permit fees. Refer to fee schedule for appropriate amounts.