A.
Principal use to be present. 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. Any accessory
use or structure shall conform to the applicable regulations of the
district in which it is located, except as specifically otherwise
provided.
B.
Placement restrictions, residential district. An accessory
use or structure in a residential district may be established subject
to the following regulations:
(1)
Accessory building number limits. In any residential
district, in addition to the principal building, a detached garage
or attached garage and one additional accessory building may be placed
on a lot.
(2)
Attached accessory buildings. All accessory buildings
which are attached to the principal building shall comply with the
yard requirements of the principal building.
(3)
Detached accessory buildings. No detached accessory
building shall occupy any portion of the required front or side yard,
and no detached accessory building shall occupy more than 30% of the
required rear yard. In no event can the accessory uses or structures
be forward of the front line of the principal structure.
C.
Use restrictions, residential district. Accessory
uses or structures in residential districts shall not involve the
conduct of any business, trade or industry, except for home occupations
as defined herein, and shall not be occupied as a dwelling unit.
D.
Reversed corner lots. When an accessory structure
is located on the rear of a reversed corner lot, it shall not be located
beyond the front yard required on the adjacent interior lot to the
rear nor nearer than three feet to the side line of the adjacent structure.
E.
Landscaping and decorative uses. Accessory structures
and vegetation used for landscaping and decorating may be placed in
any required yard area. Permitted structures and vegetation include
flagpoles, ornamental light standards, lawn furniture, sundials, birdbaths,
trees, shrubs and flowers and gardens.
F.
Temporary uses. Temporary accessory uses, such as
real estate sale field offices or shelters for materials and equipment
being used in the construction of the permanent structure, may be
permitted by the Zoning Administrator.
G.
Garages in embankments in front yards. Where the mean
natural grade of a front yard is more than eight feet above the curb
level, a private garage may be erected within the front yard, provided
that:
H.
Outdoor lighting. Outdoor lighting installations shall
not be permitted closer than three feet to an abutting property line
and, where not specifically otherwise regulated, shall not exceed
15 feet in height and shall be adequately shielded or hooded so that
no excessive glare or illumination is cast upon the adjoining properties.
I.
Lawn accessories. Walks, drives, paved terraces and
purely decorative garden accessories, such as pools, fountains, statuary,
flagpoles, etc., shall be permitted in setback areas but not closer
than three feet to an abutting property line other than a street line.
J.
Retaining walls. Retaining walls may be permitted
anywhere on the lot; provided, however, that no individual wall shall
exceed six feet in height, and a terrace of at least three feet in
width shall be provided between any series of such walls, and provided,
further, that along a street frontage no such wall shall be closer
than three feet to the property line.
A.
No person shall store firewood in the front yard on
residentially zoned property, except that firewood may be temporarily
stored in the front yard for a period of 30 days from the date of
its delivery.
B.
Firewood should be neatly stacked and may be stacked
not closer than two feet to any lot line and not higher than six feet
from grade, except adjacent to a fence, where firewood can be stacked
against the fence as high as the fence. "Fence," as used in this section,
shall not include hedges and other vegetation.
C.
All brush, debris and refuse from processing of firewood
shall be promptly and properly disposed of and shall not be allowed
to remain on the premises.
D.
Woodpiles that contain diseased wood that is capable
of transmitting disease to healthy trees and woodpiles that harbor
or are infested or inhabited by rats or other vermin are public nuisances
and may be abated pursuant to the provisions of the Code of the City
of Manawa.
E.
Not more than 20% of the side and rear yard may be
used for storage of firewood at any one time.
A.
Fences defined. For the purpose of this section, a
"fence" is herein defined as an enclosed barrier consisting of vegetation,
wood, stone or metal intended to prevent ingress or egress. For the
purpose of this section, the term "fence" shall include plantings,
such as hedges and shrubbery. No fence shall be constructed of unsightly
or dangerous materials which would constitute a nuisance.
B.
Fences categorized. Fences shall be categorized into
six classifications:
(1)
Boundary fence: a fence placed on or within three
feet of the property lines of adjacent properties.
(2)
Protective fence: a fence constructed to enclose a
hazard to the public health, safety and welfare.
(3)
Architectural or aesthetic fence: a fence constructed
to enhance the appearance of the structure or the landscape.
(4)
Hedge: a row of bushes or small trees planted close
together which may form a barrier, enclosure or boundary.
(5)
Picket fence: a fence having a pointed post, stake,
pale or peg laced vertically with the point or sharp part pointing
upward to form a part of the fence.
(6)
Snow fence: A snow fence shall be permitted in all
districts when comprised of wooden pickets bound together by wire
and not exceeding four feet in height and removed between May l and
November 1 of each year. No privately owned snow fence shall extend
beyond the highway right-of-way line.
[Added 1-3-2000]
C.
Height of fences regulated.
(1)
Height of fences in residential districts.
[Amended 1-3-2000]
(a)
From the front lot line, and first 10 feet of
the side yard from the front lot line, the fence height shall be 4
feet.
(b)
In all other yards, the fence height shall be
6 feet.
(c)
Residential fences greater than six feet shall
require a conditional use permit. All fences must be constructed and
maintained in a good state of repair and appearance.
(2)
No fence, wall, hedge or shrubbery shall be erected,
placed, maintained or grown along a lot line on any nonresidentially
zoned property adjacent to a residentially zoned property to a height
exceeding eight feet.
D.
Location. No fence shall be located within one foot
of the public street right-of-way on any lot in a residential area.
[Added 1-3-2000; amended 10-17-2005]
E.
Construction.
[Added 1-3-2000]
(1)
Front yards and corner lot side yards. It shall be
unlawful to construct a fence that exceeds four feet in the front
yard or in the side yard adjacent to the street of a corner lot.
[Amended 10-17-2005]
(2)
Back yards and interior side yards. The solid material
in any fence or wall located in a backyard or interior lot side yard
may represent 100% of the total surface area of such fence or wall.
(3)
Poles and supports. No fence shall be erected unless
the poles and supports for the fence are placed on the interior side
of the fence.
F.
Setback for residential fences. Fences in or adjacent
to a residential property are permitted along lot lines.
G.
Security fences. Security fences are permitted on
the property lines in all districts except residential districts but
shall not exceed 10 feet in height and shall be of an open type similar
to woven wire or wrought iron fencing.
H.
Prohibited fences. No fence shall be constructed which
is in a dangerous condition or which conducts electricity or is designed
to electrically shock or which uses barbed wire; provided, however,
that barbed wire may be used in industrially zoned areas if the devices
securing the barbed wire to the fence are 10 feet above the ground
or height and project toward the fenced property and away from any
public area.
I.
Fences to be repaired. All fences shall be maintained
and kept safe and in a state of good repair, and the finished side
or decorative side of a fence shall face adjoining property.
J.
Temporary fences. Fences erected for the protection
of planting or to warn of construction hazard or for similar purposes
shall be clearly visible or marked with colored streamers or other
such warning devices at four-foot intervals. Such fences shall comply
with the setback requirements set forth in this section. The issuance
of a permit shall not be necessary for temporary fences as described
herein, but said fences shall not be erected for more than 45 days.
K.
Nonconforming fences and hedges. Any fence or hedge
existing on the effective date of this code and not in conformance
with this section may be maintained, but any alteration, modification
or improvement of said fence shall comply with this section.
[Amended 1-3-2000]
[Added 11-16-2020]
A.
OUTDOOR AREA
OUTDOOR PREMISES
Introduction and definitions. No holder of a "Class B," Class "B"
and/or "Class C" license or any license or permit issued by the State
of Wisconsin, Ch. 125, Wis. Stats., may operate under said license(s)
in any outdoor area, whether or not said outdoor area was included
in a description of the premises, without first having obtained the
permission of the Common Council subject to the conditions of this
section. Approval under this subsection by the Common Council shall
result in the outdoor area becoming a part of the description of the
premises, with said outdoor area also being subject to all state and
City laws, rules, regulations, and lawful orders governing "Class
B," Class "B" and/or "Class C" premises, or any license or permit
issued by the State of Wisconsin pursuant to Ch. 125, Wis. Stats.
As used in this subsection, the following terms shall have the meanings
indicated:
An area, whether or not enclosed by a roof, which is open
to the elements, and which is not constructed for year-round use.
A licensed premises located in an outdoor area.
B.
Application. Application for an outdoor extension of a "Class B,"
Class "B" and/or "Class C" license shall be made to the City Clerk
on forms furnished by the City Clerk. The application shall include
a map describing the outdoor area sought to be included within the
description of the licensed premises. In the event that such map is
omitted and the "Class B," Class "B" and/or "Class C" license is granted
and issued, said license shall not be deemed to include an outdoor
area within the description of the licensed premises.
C.
Requirements. Outdoor premises approved under this section are subject
to the following requirements:
(1)
Outdoor premises may be permitted only on properties located
in a general commercially zoned area, or business district.
(2)
Outdoor premises located within 150 feet of a residential property
and used for residential purposes, unless the following additional
conditions are met:
(3)
Amplified sound of any nature or from any source is prohibited.
(4)
Openings in the outdoor area shall not require installation
of gates, but in any opening where persons may pass from the outdoor
area to an unlicensed area shall contain signs indicating that open
intoxicants are prohibited beyond the licensed premises. In addition,
signs shall be posted towards the area outside of the licensed outdoor
area indicating that persons under age 21 are not permitted without
legal guardian at least 21 years of age.
(5)
Service in the outdoor premises shall be limited to persons
seated at tables.
(6)
The outdoor premises shall only be used for serving food and
alcohol, and no part of said area shall be used for recreational activities,
including, but not limited to, volleyball, horseshoes, darts, softball
or music bands.
(7)
Lighting of the area must be shielded and not be of intensity
or brilliance to create glare which is distracting to adjoining property
owners or can become a hazard or danger to vehicular traffic.
(8)
Sound from any source that is emitted from the outdoor area
and measured at any border of the real property on which the licensed
premises is located shall not exceed 75 dB(A).
(9)
There will be no smoking in the outdoor seating area. The same
restrictions imposed by the State of Wisconsin to indoor shall be
imposed to the outdoor seating area. The outdoor seating area is an
extension to the indoor area; they are one and the same.
D.
Three or more noise complaints filed against the owner of an outdoor
premises during a license period, and verified by the Police Department,
shall constitute sufficient grounds to revoke the outdoor premises
permit granted under this section. All revocation proceedings may
be subjected to a formal hearing in the presence of the Protection
and Welfare Committee and members of the Manawa City Council.
E.
Sidewalk cafes. Outdoor premises may be located on public sidewalks,
subject to approval by the Common Council. Sidewalk cafes shall comply
with the following requirements:
(1)
Sidewalk cafes may be permitted only on properties located in
business zoning districts as that term is defined in Zoning.
(a)
Sidewalk cafes or outdoor seating shall be permitted only in
those areas where a minimum of six feet of sidewalk width will remain
for safe passage of pedestrians, and changes of direction of travel
along the sidewalk will not exceed more than 30°. In no instance
shall sidewalk cafe or outside seating furniture be located in such
a manner so as to block access for the pedestrians or in a manner
that the street furniture would constitute a tripping hazard or other
hazard to pedestrians. Potential hazards will be addressed by the
Fire Chief, Police Chief, Zoning Inspector or Building Inspector,
or their designees. In the event of a notification of an existing
hazard, the proprietor of the establishment will remedy the situation
immediately upon notification. Failure to comply expediently will
result in the suspension or revocation of the license.
(b)
Sidewalk cafes shall be located within the extended limits of
the property to which the sidewalk cafe license is granted, provided
all other requirements can be met.
(c)
Service in the sidewalk cafes shall be limited to persons seated
at tables. Appropriate signage must be affixed to each table notifying
customers that alcoholic beverages may only be in possession while
seated within the approved sidewalk cafe.
(d)
Each sidewalk cafe serving alcohol beverages shall be responsible
for policing the area of the sidewalk cafe to be sure that customers
are of the legal drinking age and that alcohol beverages are not removed
from the premises, or left unattended.
(2)
In order to reduce or eliminate unsightly items, sidewalk cafe
furniture must be kept in a state of good repair and condition and
free from the following conditions: rust, chipped or peeling paint
or finishes, delaminating or peeling materials, missing hardware,
rotting materials, poor craftsmanship or construction that would cause
the item to be structurally unsound and thereby pose a health or safety
hazard, or any other condition that the City of Manawa Common Council
deems to be contrary to the purposes of promoting visually appealing
and structurally sound sidewalk furniture.
(3)
Liability insurance naming the City as an unrestricted additional
insured on the sidewalk cafe owner's insurance policy for the
licensed sidewalk cafe site will be required, including insurance
to cover liquor liability, to the extent specified by and on forms
approved by the City Attorney's Office.
(4)
No sidewalk cafe furniture shall be placed, installed, used
or maintained as follows:
(a)
Within 10 feet of any marked or unmarked crosswalk or access
ramp.
(b)
Within five feet of any fire hydrant.
(c)
Within 10 feet of any driveway.
(d)
Within five feet ahead of and 15 feet to the rear of any sign
marking a designated bus stop or traffic indicator sign measured along
the edge of pavement.
(e)
On or within two feet of any water valve, manhole, or other
similar structure.
(f)
Within the vision-clearance triangle as defined in the City
of Manawa Zoning Code.
(g)
At any location that is closer to the center of the street than
a location at the widest point of the street, measured at the curbline
(i.e., bump outs).
(h)
Windblown devices such as balloons, banners, or other similar
items, shall not be attached or otherwise made part of the sidewalk
cafe furniture, and no advertising shall be permitted on sidewalk
cafe furniture.
(i)
Sidewalk cafe furniture shall be stored indoors overnight and/or
when the business is closed.
(j)
Umbrellas, flags, heaters and such tall equipment/furniture
shall not interfere with pedestrians below a height of seven feet
on a sidewalk.
(k)
Advertising on sidewalk cafe furniture is prohibited, except
for the placement of the permittee's business name in an unobtrusive
or incidental manner, not to exceed two inches in height by eight
inches in width (three inches in height by eight inches in width on
umbrellas), with a limit of one per piece of sidewalk cafe furniture;
incidental logos that are affixed by the manufacturer and do not advertise
the permittee's business.
(l)
Burning barrels are prohibited.
F.
Severability. The sections, subsections, paragraphs, sentences, clauses
and phrases of this Code and all provisions adopted by reference in
this Code are severable so that if any section, subsection, paragraph,
sentence, clause and phrase of this Code or of any provision adopted
by reference in this Code is declared unconstitutional or invalid
by a valid judgment of a court of competent jurisdiction, such judgment
shall not affect the validity of any other section, subsection, paragraph,
sentence, clause and phrase of this Code or of any provision adopted
by reference in this Code, for the Common Council declares that it
is its intent that it would have enacted this Code and all provisions
adopted by reference in this Code without such invalid or unconstitutional
provisions.
G.
Penalties.
(1)
The main purpose of such section is to first educate, and secondly
to enforce the laws that protect our citizens. Failure to comply with
such orders from the Fire Chief or Police Chief or compliance with
City ordinances will result in the following penalties:
(a)
First offense: $300; forfeiture.
(b)
Second offense: $400 and mandatory loss of outdoor seating privileges
for one year may be imposed.
(c)
Third offense: $500 and mandatory loss of outdoor seating privilege
for one year. Must appear before the Manawa Protection and Welfare
Committee to discuss the infraction and appropriate changes for maintaining
safety and compliance.
(2)
The Fire Chief, Police Chief, Protection and Welfare Committee,
or their designee, have the authority to deem infractions to be potential
health risks, safety risks, and/or hazard to public safety and wellbeing
of the community. The Fire Chief, Police Chief or their designees
are vested with authority to determine the existence of unhealthy
and unsafe conditions and situations. With just cause, the Fire Chief
or Police Chief are vested with the authority to immediately order
the termination of operations. It is the duty of the enforcement official
to bring the situation to closure and to a level that ensures public
safety, and to maintain a healthy, peaceful, safe environment.
A.
Definition. A "private or residential swimming pool"
is an outdoor structure containing a body of water in a receptacle
or other container having a depth of water at any point greater than
1 1/2 feet, located above or below the surface of ground elevation
and used or intended to be used solely by the owner, operator or lessee
thereof and his or her family and by friends invited to use it, and
includes all structural facilities, appliances and appurtenances,
equipment and other items used and intended to be used for the operation
and maintenance of a private or residential swimming pool.
B.
Exempt pools. Storable children's swimming or wading
pools with a maximum dimension of 15 feet and a maximum wall height
of 15 inches and which are so constructed that they may be readily
disassembled for storage and reassembled to their original integrity
are exempt from the provisions of this section.
C.
Permit required. Before work is commenced on the construction
or erection of private or residential swimming pools or on any alterations,
additions, remodeling or other improvements, an application for a
swimming pool building permit to construct, erect, alter, remodel
or add must be submitted in writing to the Clerk-Treasurer. Plans
and specifications and pertinent explanatory data should be submitted
to the Clerk-Treasurer at the time of application. No work or any
part of the work shall be commenced until a written permit for such
work is obtained by the applicant. A fee of $30 shall accompany such
application.
[Amended 1-3-2000]
D.
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Zoning Administrator, the Zoning Administrator shall not issue a permit for construction as provided for in Subsection C unless the following construction requirements are observed:
[Amended 1-3-2000]
(1)
All materials and methods of construction in the construction,
alteration, addition, remodeling or other improvements and pool installation
shall be in accord with all state regulations and codes and with any
and all ordinances of the city now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all
applicable ordinances of the city and all state codes. Every private
or residential swimming pool shall be provided with a suitable drilling
method, and in no case shall waters from any pool be drained into
the sanitary sewer system or onto lands of other property owners adjacent
to that on which the pool is located or in the general vicinity.
(3)
All electrical installations, including lighting and
heating but not limited thereto, which are provided for, installed
and used in conjunction with a private swimming pool shall be in conformance
with the state laws and city ordinances regulating electrical installations.
E.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed
on rear or side lots only and only on a lot occupied by a principal
building. No swimming pool shall be erected or constructed on an otherwise
vacant lot. A lot shall not be considered vacant if the owner owns
the contiguous lot and said lot is occupied by a principal building.
(2)
No swimming pool shall be located, constructed or
maintained closer to any side or rear lot line than is permitted in
the Zoning Code for an accessory building, and in no case shall the
waterline of any pool be less than five feet from any lot line.
G.
Compliance. All swimming pools existing at the time
of passage of this Code not satisfactorily fenced shall comply with
the fencing requirements of this section or when water is placed in
the pool.
H.
Draining and approval thereof. No private swimming
pool shall be constructed so as to allow water therefrom to drain
into any sanitary sewer or septic tank or 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. In all cases
where a private swimming pool is to be constructed on premises served
by a private sewage disposal system, approval of the State Board of
Health shall be necessary before the construction of any such pool
may commence.
J.
Dirt bottoms prohibited. All swimming pools of a permanent
nature shall have the sides and bottom of a smooth finish, and no
sand or dirt bottom shall be permitted.
A.
Intent. It is recognized that there is a need for
some persons to use their place of residence for limited nonresidential
activities. It is the purpose of this section to allow limited commercial
and industrial activity in a residential area, to the extent that
only limited amounts of pedestrian and vehicular traffic are generated.
B.
Standards. All home occupations shall conform to the
following standards:
(1)
Permitted home occupations shall not be conducted
in any building on the premises other than the building which is used
by the occupant as the private dwelling, and, furthermore, not more
than 300 square feet of gross floor area may be used for such purposes.
(2)
There shall be no exterior storage of business equipment,
materials, merchandise, inventory or heavy equipment.
(3)
The operation may be conducted only by an occupant(s)
residing at the location of the proposed home occupation, plus two
additional employees not residing at the location.
(4)
The use of mechanical, nonelectronic equipment other
than is usual for purely domestic or hobby purposes is prohibited.
(5)
One off-street parking stall shall be provided for
the use. The use may increase vehicular traffic flow and parking by
no more than one vehicle at a time.
(6)
Only those articles produced by the home occupation
may be sold on the premises.
(7)
The operation of any wholesale or retail business
is prohibited unless it is conducted entirely by mail and does not
involve the sale, shipment or delivery of merchandise on the premises.
(8)
Any manufacturing business or activity which produces
noxious matter or perceptible noise beyond the lot line is prohibited.
(9)
The home occupation shall not involve the use of commercial
vehicles for delivery of materials to or from the premises other than
one vehicle, not to exceed three-fourths-ton capacity, owned and operated
by the occupant of the dwelling.
(10)
Any business or activity involving the care,
grooming or keeping of animals on the premises is prohibited.
