Algoma City Zoning Code

(a)

Projections into required yards. Certain architectural features may project into required yards as follows:

(1)

Cornices, canopies; eaves or other similar architectural features, and porch stoops may project into required yards a distance no more than 2½ feet.

(2)

Bay windows, balconies, fireplaces, fire escapes and chimneys, may project no more than three feet, six inches, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

(b)

Front yards for corner lots. A front yard of the required depth shall be provided on one of the two frontages and a second front yard shall be provided on the other frontage.

(c)

Exception to required front yard dimension. In R zones, notwithstanding the required front yard dimensions, a building shall conform to the average of the setbacks of the two adjacent principal buildings in the same block, or if there is only one adjacent principal building in the same block the setback of that principal building shall govern.

(d)

Minimum side yard width. Where a side yard to a principal building is provided, although not required by the schedule of zone controls, it shall not be less than four feet in width unless it abuts a street or alley.

(e)

Dwelling over or behind other permitted uses. The horizontal distance between the rear lot line, and the rear wall of a dwelling unit on any floor of the building, shall be not less than 25 feet.

(f)

View obstruction. No building, sign, billboard, tree, shrub, close set fence or hedge exceeding three feet in height above sidewalk level, or anything that will obstruct the view, shall be erected on or moved into the land lying between the prevailing front yard setback line and any street within the city.

(g)

ADA structures. Structures, such as ramps, landings, lifts and elevator housings, designed to comply with the Americans with Disabilities Act requirements which are necessary to make buildings accessible, and for where there are no feasible alternative locations, shall be exempt from the minimum yard and setback requirements.

(Prior Code, § 18.07(1))

No service station, public garage or parking area for more than 25 vehicles shall have an entrance or exit for vehicles on the frontage of any block which also contains an entrance or exit to a park, playground, public, private or parochial school, or children's or old people's home.

(Prior Code, § 18.07(2))

On a corner lot in all zones, except C-1, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of three feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the curblines of such corner lot a line joining points along curblines 40 feet from the point of the intersection of the curblines.

(Prior Code, § 18.07(3))

There shall be not more than one principal dwelling and two accessory structures, including a private garage, on each lot in any R zone except as provided in section 113-167.

(Prior Code, § 18.07(4))

Any use required by this chapter to be landscaped in accordance with this section shall be contained within a fence or wall six feet high, or a visual screen consisting of evergreen, or evergreen-type hedges or shrubs, spaced at intervals of not more than six feet, located and maintained in good condition within 15 feet of the property line.

(Prior Code, § 18.07(5))

Open storage uses shall be governed by the following provisions:

(1)

Inflammable and explosive liquids. Except as provided in chapter 18, no highly inflammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with heating devices or appliance located on the same premises as the tanks or drums of fuel is excluded from this provision.

(2)

Landscaping. All open storage shall be landscaped in accordance with section 113-194.

(3)

Deposit of wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces. All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents, insects or animals shall be stored outdoors only in closed containers.

(4)

Industrial park regulations. See section 113-140.

(Prior Code, § 18.07(6))

(a)

Sound. The volume of sound inherently and recurrently generated shall be controlled so as not to become a nuisance to adjacent uses.

(b)

Vibration. An operation which creates intense earth-shaking vibrations (e.g., heavy drop forges, heavy hydraulic surges) shall be set back:

(1)

In an M-1 zone and all C zones, a distance of not less than 500 feet from the zone boundaries.

(2)

In an M-2 zone, a distance of not less than 500 feet from the zone boundaries.

(c)

Toxic or noxious matter. No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business, shall be permitted.

(d)

Glare. No direct or reflected glare from any M zone shall be detectable from any R zone boundary.

(e)

Heat. No direct or reflected heat from any M zone shall be detectable from any R or C zone boundaries.

(f)

Dust and fly ash. No solid or liquid particles shall be emitted in such quantity as to be readily detectable at any point along lot lines or as to produce a public nuisance or hazard beyond lot lines.

(g)

Smoke. No smoke shall be emitted from any M or C zone in such quantity as to become a nuisance to uses in any R zone.

(h)

Industrial park regulations. Refer to section 113-140.

(Prior Code, § 18.07(7))

In all zones in connection with buildings occupied by industrial, commercial, and certain institutional uses, there shall be provided and maintained, on the same lot with such building, off-street loading berths in accordance with the requirements of the following:

(1)

Size and location. Each loading space shall be not less than ten feet in width, 35 feet in length, and have a minimum vertical clearance of 14 feet, and may occupy all of any part of any required yard.

(2)

Required number of spaces.

(3)

Industrial park regulations. Refer to section 113-140.

(Prior Code, § 18.07(8))

Every parcel of land hereafter used as a public or private parking area for five or more cars or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:

(1)

Screening and landscaping. Off-street loading areas shall be effectively screened by a fence or hedge as provided in section 113-194, on the sides which adjoin or face an R zone.

(2)

Minimum distances and setbacks. No off-street loading area or parking area or part thereof for five or more vehicles shall be closer than ten feet to any dwelling, school, hospital or other institution for human care located on any adjoining lot or two feet from any lot line.

(3)

Surfacing. Any off-street parking of five or more vehicles or off-street loading area shall be surfaced with durable and dustless surface. All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

(4)

Lighting. Lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect the light away from adjoining premises. Off-street parking facilities for multifamily structures containing four or more families shall be adequately lighted.

(5)

Drainage. Any off-street parking area and off-street loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.

(6)

Industrial park regulations. Refer to section 113-140.

(Prior Code, § 18.07(9))

(a)

All homes constructed in an R-1 or R-2 zone shall have a minimum living area of 1,200 square feet.

(b)

All homes constructed in an R-3 zone shall have a minimum living area of 1,000 square feet.

(Prior Code, § 18.07(11))

(a)

A wastewater treatment plant zone shall constitute an area within 500 feet from any portion of the city wastewater treatment plant.

(b)

No future construction of commercial establishments or buildings occupied or intended for residential use shall be permitted within the wastewater treatment plant zone. However, maintenance, remodeling and improvements of existing structures is allowed if the cost of such does not exceed 50 percent of the fair market value of the property immediately before such maintenance, remodeling or improvements.

(Prior Code, § 18.085)

(a)

Authority. This section is adopted under the authority granted by Wis. Stats. chs. 62 and 66.

(b)

Purpose. The purpose of this division is to create the legal framework to administer and enforce outdoor sign and awning regulations within the city. This division recognizes the need to protect the safety and welfare of the public; the need for well maintained and attractive sign displays within the community and adequate business identification, advertising and communication. This division authorizes the use of signs visible from the public right-of-way provided the signs are:

(1)

Compatible with zoning regulations.

(2)

Designed, constructed, installed and maintained in such a manner as not to endanger public safety or traffic safety.

(3)

Legible, readable and visible in the circumstances in which they are used.

(4)

Respectful of the reasonable rights of other advertisers whose messages are displayed.

(Prior Code, § 18.07(10)(a))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product, activity conducted or available.

Animated, moving or revolving sign means any sign which includes action or motion by means of flashing, scintillating, blinking or traveling lights or by means of moving components. The term "animated, moving or revolving sign" does not include changing signs, which are separately defined.

Area of copy means the entire area within a single continuous perimeter composed of squares or rectangles, which encloses the extreme limits of the advertising message, announcement or decoration of a wall sign.

Area of sign means the area of the largest single face of the sign within a perimeter which forms the outside shape including any frame that forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas shall be totaled. Any irregular shaped sign area shall be computed using the actual sign-face surface. In the case of wall signs, the area of copy will be used.

Awning means a shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. An awning may have an on-premises sign as part of the fabric.

Back to back means two or more signs facing in opposite directions, are physically contiguous and share a common structure in whole or in part.

Billboard. See Off-premises sign.

Building facade means that portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. Parallel portions of a building facing the same direction shall be considered one building facade.

Business identification sign means any sign which promotes the name and type of business only on the premises where it is located.

Canopy or marquee means a roof-like structure projecting from a wall and erected to provide shelter from the weather and/or architectural enhancement.

Changing or automatic sign means a sign such as an electronic or electric-controlled time and temperature sign, message center or reader board, where different copy changes.

Directional off-premises sign means a sign which provide direction or instruction to a location not on the property upon which the sign is located.

Directional sign means a sign which promotes direction or instruction, located entirely on the property to which it pertains, and does not in any way advertise a business.

Electric sign means any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source.

Face means the panel surface of a sign that carries the advertising message.

FAP (Federal Aid Primary) Highway means that portion of a state or county highway which extends into or through the city and is designated as FAP Highway according to maps on file in the offices of the street superintendent and state department of transportation.

Frontage means the length of the property line of any one premises parallel to and along each public right-of-way it borders. Such public right-of-way may be known as a frontage street. All signs, the areas of which are calculated on the basis of the dimension of a street frontage, shall be placed and oriented for primary reading from such street.

Ground sign means a sign erected on a free-standing frame, mast or pole, or more than one such mast or pole, not attached to any building. The area of double-faced ground signs shall be calculated on one face only which shall be the largest face.

Height of sign means the vertical distance measured from the grade at the street right-of-way line where the sign is located to the highest point of such sign including its structure.

Institutional sign means one sign or bulletin board per street front, setting forth or denoting the name of a public, charitable or religious institution when located on the premises of such institution, provided such sign or bulletin board shall not exceed 24 square feet in area.

Off-premises sign means a sign which advertises goods, products, facilities or services not on the premises where the sign is located or directs persons to a different location from where the sign is located.

On-premises sign means a sign which identifies or advertises a business, person, activity, goods, products or services located on premises where the sign is installed and maintained.

Portable sign means any sign not permanently attached to the ground or structure or designed to be transported, including, but not limited to, a sign with wheels removed; with chassis or support constructed without wheels; designed to be transported by trailer or wheels; converted to an A- or T-frame sign; attached temporarily or permanently to the ground, structure or other signs; mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, except any sign identifying the related business when the vehicle is being used in the normal day-to-day operations of that business; menu and sandwich boards; searchlight stands; and hot air or gas-filled balloons or umbrellas used for advertising.

Projecting sign means a sign, normally double-faced, which projects at a lateral angle of 15 degrees or more in relation to the facade of a building and may be attached to a structure, building facade, canopy or marquee. The area of projecting signs is calculated on one face only, which shall be the largest face.

Reflective sign means a sign containing a material designed to reflect light directed to it for the purpose of nighttime visibility without self-illumination.

Roof sign means erected upon a roof or above a parapet wall of a building and which is wholly or partially supported by the building.

Sandwich sign means a multiple faced advertising display not permanently attached to a building or to the ground and intended to be displayed for a limited period of time only. Sandwich signs shall be considered as portable signs for the purpose of this division.

Shopping center means a group of architecturally unified commercial establishments built on a site, which is planned, developed, owned and managed as an operating unit and a minimum lot size of 40,000 square feet.

Sign means any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including permanently installed or situated merchandise; or any emblem, painting, banner, placard or temporary sign designed to advertise, identify or convey information with the exception of window displays, pennants and flags. For the purpose of removal, the term "sign" also includes all sign structures and restoration to original condition.

Sign structure means any structure or material which supports, has supported or is capable of supporting or helping maintain a sign in stationary position, including decorative covers.

Swinging sign means a sign suspended from an arm, mast or spar, with no other side of the sign permanently fastened to an adjacent wall or upright pole.

V-type sign means two signs in the shape of the letter V when viewed from above, with their faces oriented in different directions, physically contiguous and sharing a common structure, in whole or in part, and located not more than 15 feet apart at their widest points. The term "V-type sign" constitutes one sign.

Wall sign means a sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building and projects not more than 18 inches from the building nor extends above the building roofline.

Window sign means a sign installed inside a window for purposes of viewing from outside the premises.

(Prior Code, § 18.07(10)(b))

(a)

Permit required. Except as otherwise provided in this division, no person shall erect, construct, enlarge or structurally modify any sign or awning in the city or cause the same to be done without first obtaining a permit for each such sign or awning from the building inspector as required by this division. Permits shall become null and void if installation is not completed within one year from date issued.

(b)

Permit application. Application for a permit shall be filed with the building inspector upon forms provided by the inspector and shall contain or have attached thereto the following information:

(1)

The name, address and telephone number of the owner, the property owner where a sign is or will be located and the contractor.

(2)

Clear and legible drawings with a general description and nominal dimensions of the proposed sign or awning, the construction size and dimensions, and the kinds of materials to be used in such structure. The site plan shall show, in a general manner, the buildings on the premises upon which the structure is to be erected and maintained together with location, size, and types of existing signs, canopies and awnings on the premises where the proposed sign or awning is to be located.

(3)

If required by the building inspector, calculations showing that the structure and design meet the requirements of this division for wind pressure load and such other information as the inspector may require to show full compliance with this section and all applicable ordinances or regulations.

(4)

Signature of the applicant.

(c)

Permit fees. Application for permit shall be filed with the building inspector together with a permit fee for each sign or awning. The fee for a permit, exclusive of any other required permit, shall be established by the city council.

(d)

Permit issuance and denial. The building inspector shall issue a permit for the erection, structural alteration, enlargement or relocation of a sign or awning when the permit application is properly made, all appropriate fees have been paid and the sign or awning complies with the appropriate ordinances of the city. If the building inspector denies the permit, the applicant shall follow the appeals process.

(e)

Appeals. Appeals from the decision of the building inspector may be made to the planning commission.

(f)

Indemnification. All persons engaged in the business of installing or maintaining signs, which involves, in whole or in part, the erection, alteration, relocation or maintenance of a sign or other sign work in, over or immediately adjacent to a public right-of-way or public property so that a portion of the public right-of-way or property is used or encroached upon by the sign contractor, shall agree to hold harmless and indemnify the city, its officers, agents and employees, from any and all claims resulting from the erection, alteration, relocation, maintenance of any sign or any sign work insofar as this section has not specifically directed the placement of the sign.

(g)

Remedies. No person shall fail to comply with the provisions of this division.

(1)

Any sign or awning erected, altered, moved or structurally modified without a permit or altered with a permit but in violation of the provisions of this division shall be removed at the owner's expense or brought into compliance within ten days of written notification by the building inspector. If the violation is failure to obtain a permit, a permit shall be obtained at double the permit fee. If the owner does not remove or bring into compliance, the building inspector may order removal of the sign, the expenses of which will be assessed to the tax roll of the property on which the non-complying sign is located.

(2)

This division shall not preclude the city from maintaining any appropriate action to prevent or remove a violation of this division.

(3)

Nonconformance.

a.

Any sign located within the city limits on the date of adoption of the ordinance from which this division is derived or located in an area annexed to the city hereafter, which does not conform to the provisions of this division, is eligible for characterization as a legal nonconforming sign and is permitted, providing it also meets the following requirements:

1.

The sign was covered by a sign permit or variance immediately prior to the date of adoption of the ordinance from which this division is derived, if one was required under applicable law.

2.

If no permit was required under applicable law for the sign in question and the sign was in compliance with applicable law immediately prior to the date of adoption of the ordinance from which this division is derived.

b.

A sign shall lose its legal nonconforming status if one or more of the following occurs:

1.

The sign is structurally altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with requirements of this division than it was before alteration.

2.

The sign is relocated.

3.

The sign fails to conform to the section regarding maintenance and repair, abandonment or dangerous or defective signs.

4.

The principal content or message of the sign, such as the name of the business or product, is changed or altered, except for existing off-premises signs.

5.

On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this division with a new permit secured therefor or shall be removed.

(4)

Nothing in this division shall relieve the owner of the property in which the sign is located from the provisions of this division regarding safety, maintenance and repair of signs.

(h)

Maintenance, repair and abandoned signs.

(1)

Maintenance and repair.

a.

Every sign, including, but not limited to, those signs for which permits are required, shall be maintained in a safe, presentable and good structural condition at all times, including replacement of defective parts, painting, except when a weathered or natural surface is intended, repainting, cleaning and other acts required for the maintenance of such sign.

b.

The building inspector shall require compliance with all standards of this division. If the sign is not maintained to comply with safety standards in this division, the building inspector shall require its removal in accordance with this division.

(2)

Abandoned signs.

a.

Except as otherwise provided in this division, all signs and sign messages shall be removed by the owner or lessee of the premises upon which an on-premises sign is located when the business it advertised is no longer conducted there. If the owner or lessee fails to remove the sign, the building inspector shall give the owner 60 days' written notice to remove the sign and, upon the owner's or lessee's failure to comply, may remove such sign, any costs for which shall be charged to the owner of the property, assessed as a special assessment against the property or the building inspector may take any other appropriate legal action necessary to attain compliance.

b.

Deteriorated or dilapidated signs shall be removed in the same manner as abandoned signs.

c.

Upon receipt of a written request from the owner of record of the real property involved, his heirs or agent, the building inspector may grant, after review and approval by the planning commission, a written ten-month extension of time within which on-premises signs not meeting all of the following conditions are to be removed:

1.

Such signs conform to the provisions of this division.

2.

Permits have been issued for such signs.

3.

Such signs are in good physical repair.

4.

Such signs are located upon vacant premises within or upon which a use can be re-established in accordance with this Code, similar to the former use.

5.

Such signs are so constructed as to readily permit their reuse by means of replacing message copy or lettered faces.

(3)

Administration. The city building inspector shall enforce the provisions of this division. The building inspector shall examine all applications for permits for the erection of signs, issue permits and denials, authorize the continued use of signs which conform to the requirements of this Code, record and file all applications for permits with any accompanying plans and documents, make inspections of signs in the city and make such reports as the city may require.

(4)

Construction specifications.

a.

All signs shall comply with the provisions of the city building code and any additional construction standards in this division.

b.

All ground sign structures shall be self-supporting structures and permanently attached to sufficient foundations.

c.

Electrical service to ground signs shall be concealed wherever possible.

d.

All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads as follows, with correct engineering adjustments for the height of the sign above grade:

1.

For solid signs, 30 pounds per square foot on the largest face of the sign and structure.

2.

For skeleton signs, 30 pounds per square foot of total face cover of the letters and other sign surfaces or ten pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater.

e.

No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that could cause wear on supporting members or connections.

f.

Supports and braces shall be an integral part of the sign design and shall be hidden from public view to the extent technically feasible.

g.

No sign or any part thereof, or anchor, brace or guy rod, shall be attached, fastened or anchored to any fire escape, fire ladder or standpipe, and no sign or any part thereof, or anchor, brace or guy rod, shall be erected or maintained which may cover or obstruct any door, doorway or window of any building and which may hinder or prevent ingress or egress through such door, doorway or window, or which may hinder or prevent the raising or placing of ladders against such building in the event of fire.

h.

All signs shall be marked with the manufacturer's name. For incandescent lamp signs, the input amperes at full load and the input voltage shall be included.

(5)

Installation and maintenance.

a.

Safety. All signs shall be installed and maintained in a workmanlike manner using equipment which is adequate and safe for the task. The city council recognizes that one of the greatest perils to public safety is improper performance of sign contractors in the use of inadequate equipment. As such, the building inspector may deny a sign permit if the sign contractor does not have or does not arrange for use of adequate equipment. The building inspector may also cite the sign contractor for a violation of this subsection if he fails to use proper equipment in the maintenance of signs.

b.

Electric signs. This subsection recognizes that electric signs are controlled under the special provisions of the National Electrical Code. It also recognizes that electric sign contractors have developed a specialized trade or high voltage discharge electric sign installation and maintenance to properly install and service high voltage electric signs. Electric sign contractors and their employees are herein authorized to perform the following specific tasks:

1.

Install exterior electric signs, ballasts or high voltage transformers to sockets or outline lighting tubes and may connect the signs to primary branch circuits, if such circuits already exist outside of the building.

2.

Install interior electric signs, but may not connect such signs to the primary branch circuit.

3.

Maintain and replace any electric component within the sign, on its surface or between the sign and building for exterior signs only. An electric sign contractor or its employees shall not perform work on electric signs in contradiction to the national or any city electrical codes.

(Prior Code, § 18.07(10)(c))

(a)

These requirements shall apply in all zoning districts.

(b)

Any ground sign or projecting sign within 25 feet of a street intersection or 15 feet of a driveway, measured from the point of intersection with a right-of-way or within 15 feet of the right-of-way shall maintain a minimum of ten feet between the bottom of the sign and the grade at the right-of-way line or such sign shall be not more than three feet in height.

(c)

All other projecting signs and canopy signs shall maintain a minimum vertical distance of eight feet between the bottom of the sign and the grade at the right-of-way line.

(d)

Projecting signs may extend not further than six feet from the building to which they are attached.

(e)

No sign or sign structure shall be located in the right-of-way. No sign or sign structure except projecting signs shall extend into the public right-of-way.

(f)

Wall signs shall not extend beyond the corners of the buildings. Wall signs and projecting signs shall not extend above the building facia line. Wall signs are limited to one square foot per lineal foot of building facade.

(g)

The gross area of permanent window signs shall not exceed 25 percent of the gross window area of any given building facade.

(h)

Any sign location accessible to vehicles shall have a minimum vertical clearance of 16 feet.

(i)

No sign facing a residential district shall be closer than 25 feet to that district line.

(j)

No advertising device of any type shall be in any way attached to any utility, sign or other municipal poles or structures located in the public right-of-way.

(Prior Code, § 18.07(10)(d))

The following signs shall be prohibited within the city:

(1)

Abandoned signs.

(2)

Flashing or moving signs.

a.

No sign shall be permitted which is animated by means of flashing, scintillating, blinking or traveling light of over 15 watts per lamp and no animated sign may be located within 300 feet of any illuminated traffic control or warning light.

b.

Changeable message signs are not subject to this restriction. Signs with physically moving components visible from the public right-of-way are not permitted except for those which revolve around a vertical axis at speeds less than seven revolutions per minute.

(3)

Swinging signs.

(4)

Floodlighted signs. Except where no significant direct light or significant glare from the sign projects onto an adjacent lot.

(5)

Parking of advertising vehicles.

a.

No person shall park any vehicle on a public right-of-way or public property, or on private properties so as to be seen from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business activity located on the same or nearby property or any other premises for more than 30 days annually.

b.

This subsection (5) shall not prohibit "for sale" signs on vehicles for sale, provided the vehicle is not parked on a public right-of-way.

(6)

Roof signs.

(7)

Unclassified signs. The following signs are prohibited, which:

a.

Bear or contain statements, words or pictures of obscene, pornographic or immoral subjects.

b.

Are an imitation of or resemble in shape, size, copy or color an official traffic sign or signal.

(8)

Hazardous signs. Signs that are a threat to health, safety or public welfare.

(Prior Code, § 18.07(10)(e))

(a)

Construction signs. One construction sign per construction site in a residential district not to exceed six square feet and two construction signs per construction site in all other districts not to exceed 100 square feet in area, each shall be confined to the site of construction and shall be removed 30 days after completion of construction or prior to occupancy, whichever occurs first.

(b)

Directional or instructional non-electric signs. Directional and instructional non-electric signs which provide instruction or direction and are located entirely on a property to which they pertain and do not exceed six square feet each in area and do not in any way advertise a business. This includes, but is not limited to, such signs as those identifying restrooms, telephone, parking areas, entrances and exits.

(c)

Non-illuminated emblems or insignia. Non-illuminated emblems or insignia of any nation or political subdivision, profit or nonprofit organization, not to exceed 32 square feet.

(d)

Government signs. Government signs for control of traffic and other regulatory purposes, danger signs, railroad crossing signs and signs of public utilities indicating danger and aids to service or safety which are erected by or on the order of a public officer in the performance of his duty.

(e)

House numbers and nameplates. Numbers and plates not exceeding two square feet in area for each residential dwelling unit, commercial or industrial building.

(f)

Interior signs. Signs located within the interior of any building or structure which are not visible from the public right-of-way. This does not exempt such signs from the structural, electrical or material specifications of this section.

(g)

Memorial signs and plaques. Memorial signs or tablets, names of buildings and date of erection, which are cut into masonry surface or inlaid so as to be part of a building or when constructed of bronze or other non-combustible material not more than four square feet in area.

(h)

No trespassing or no dumping signs. No trespassing and no dumping signs not to exceed 1½ square feet in area per sign.

(i)

Public notices and signs. Official notices posted by public officers or employers in the performance of their duties and signs required as specifically authorized for a public purpose by law, statute or ordinance.

(j)

Political and campaign signs. Signs on behalf of candidates for public office or measures on election ballots provided that such signs are subject to the following regulations:

(1)

Such signs shall not be erected earlier than 45 days prior to the primary election and shall be removed within five days following the general election.

(2)

Such signs shall not exceed eight square feet in residential zoning districts and 32 square feet in all other districts.

(k)

Real estate signs. One real estate sales sign on any lot or parcel, provided the sign is located entirely within the property to which the sign applies and is not directly illuminated.

(1)

In residential districts, the signs shall not exceed six square feet in area and shall be removed within 30 days after the sale, rental or lease is accomplished.

(2)

In all other districts, the signs shall not exceed 32 square feet in area and shall be removed within 30 days after the sale, rental or lease is accomplished.

(l)

Temporary window signs. In business, commercial and industrial districts, the inside surface of any ground floor window may be used for attachment of temporary signs not to exceed a period of 30 days nor a total display time of more than three months in a calendar year. The total area of temporary window signs shall not exceed 25 percent of the gross window area of any building facade.

(m)

On-premises symbols or insignia. Religious symbols, commemorative plaques or recognized historic agencies or identification emblems of religious orders or historic agencies not to exceed 32 square feet.

(n)

On-premises temporary signs. Temporary signs not exceeding four square feet in area pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided such signs are posted not more than 45 days before the event and removed within five days after.

(o)

Vehicular signs. Truck, bus, trailer or other vehicle, while operating in the normal course of business, which is not primarily the display of signs.

(p)

Awning signs. Signs consisting of one line of copy and/or logo upon the border of awnings.

(q)

Neighborhood identification signs. In any zone, a sign, masonry wall, landscaping or other similar material and feature may be combined to form a display for neighborhood or subdivision identification, provided that the legend of such sign or display shall consist only of the neighborhood or subdivision name, not to exceed 32 square feet.

(Prior Code, § 18.07(10)(f))

(a)

Subdivision development signs. A special permit may be issued for a temporary sign in any zone in connection with the marketing of lots or structures in a subdivision, subject to the following restrictions:

(1)

Permits may be issued for a period of not more than one year and may be renewed for additional periods of up to one year and upon written application at least 30 days prior to its expiration.

(2)

As used in this section, the term "signs" refers to all types of signs except those excepted or prohibited by this section.

(3)

The sign shall be located on the property being developed and comply with all applicable building setback requirements.

(4)

The sign may not exceed 50 square feet.

(5)

One sign is allowed for each entrance to the subdivision.

(b)

Banners. A special permit may be issued for a temporary banner in a commercial or industrial district in connection with a special promotion or civic event, subject to the following restrictions:

(1)

The banner shall not exceed 100 square feet in area.

(2)

No banner shall be erected in such a manner that any portion is 20 feet or more in height.

(3)

The sign or article shall meet the general design requirements and shall meet the setback requirements of a ground sign in commercial or industrial districts.

(4)

The banner shall be permitted a maximum of 30 days per calendar year.

(5)

Banners for social events will be permitted on city property with the following restrictions:

a.

The banner shall not exceed 100 square feet in area.

b.

Applicants for over-the-street banners shall present proof of liability insurance in the amount of $1,000,000.00.

c.

The banner shall be permitted for a maximum of 30 days.

d.

The banner shall be constructed to withstand a 30 pounds per square foot pressure and shall allow wind to pass through it.

e.

The anchors to which such banners are attached shall be properly installed to comply with this division and structural requirements.

(c)

Shopping centers. Shopping centers shall be subject to the following signage requirements:

(1)

Signs not requiring a permit.

(2)

Signs for permitted, conditional and nonconforming uses.

a.

Tenants. Wall and window signs shall be permitted if placed on a shared wall in lieu of individual wall signs. The total area of all signs may not exceed six square feet per lineal foot of building frontage per tenant.

b.

Shopping center. Wall and ground signs shall be permitted for identification of the shopping center. The total area of all signs shall not exceed one square foot per lineal foot of lot frontage up to a maximum of 200 square feet.

c.

Height restrictions. Ground signs may not exceed the maximum height allowed in the zoning district in which the shopping center is located.

d.

Setbacks. All ground signs shall be completely outside of the right-of-way.

(d)

Portable signs. A permit may be issued for the temporary use of a portable sign for advertising purposes in a commercial district, provided that:

(1)

The sign will not be located in any public right-of-way.

(2)

The sign will not be located closer than ten feet to an adjacent property.

(3)

The sign will not cause a hazard to vehicular or pedestrian traffic and signs shall be anchored by means of a chain, rope or similar means to a fixed object to prevent the sign from being moved.

(4)

Portable sign permits shall not be granted for a period of more than 30 days in a calendar year.

(5)

Such signs shall not exceed 32 square feet in area.

(6)

No more than one portable sign per parcel or shopping center shall be permitted.

(Prior Code, § 18.07(10)(g))

Signs permitted in residential districts (R-1, R-2, R-3, and R-4) are as follows:

(1)

Signs not requiring a permit.

(2)

On-premises home occupation use and professional home office use signs.

a.

Permitted signs. One non-illuminated sign per dwelling unit.

b.

Area restrictions. Signs shall not exceed six square feet per dwelling unit.

c.

Height restrictions. Signs shall be no taller than 48 inches at the top of the sign.

d.

Setback restrictions. Signs shall be setback a minimum of five feet from the inside of the sidewalk or ten feet from the curb where there is no sidewalk.

(Prior Code, § 18.07(10)(h))

There shall be not more than five signs permitted on-premises for identification for conditional or nonconforming uses or for public, charitable, educational or religious institutions.

(1)

Permitted signs. A wall sign or ground sign if all buildings are set back at least 25 feet from the right-of-way.

(2)

Area restrictions. The combined area of all signs shall not exceed five hundred square feet.

(3)

Height restrictions. Ground signs shall be limited to a height of eight feet. Wall signs shall be limited to the height of the building.

(4)

Setbacks. All free-standing ground signs must be at least 15 feet from interior side and rear lot lines and set back at least ten feet from the public right-of-way.

(5)

Reader boards. A public, charitable, educational or religious institution may also have one reader board, provided such reader board shall not exceed 32 square feet. Reader board may be electronic. Electronic reader boards must be perpendicular to the street. Electronic reader boards must be solid and not flickering, flashing, or changing between 11:00 PM and 6:00 AM.

(Prior Code, § 18.07(10)(i); Ord. No. 855, 9-2-2025)

Signs permitted in agricultural districts are as follows:

(1)

Signs not requiring a permit.

(2)

On-premises business identification signs for permitted, conditional and nonconforming uses.

a.

Permitted signs. One wall sign per frontage road and one ground sign per frontage road if all buildings are set back at least 25 feet from the right-of-way line.

b.

Area restrictions. Total area of all signs shall not exceed one square foot per lineal foot of building facade, with ground signs limited to 24 square feet per sign.

c.

Height restrictions. Ground signs shall not exceed a height of 15 feet.

d.

Setbacks. All ground signs shall be at least 25 feet from the side and rear lot line and five feet from the street right-of-way.

(3)

Agricultural signs pertaining to the products of the agricultural premises not to exceed 32 square feet in area for any one farm. Height of this respective sign shall not exceed eight feet. Two such signs shall be permitted per farm. The sign shall be limited to the name of the premises, the producer and product being sold or produced.

(Prior Code, § 18.07(10)(k))

Signs permitted in the C-1 and C-2 districts are as follows:

(1)

Signs not requiring a permit.

(2)

On-premises signs for permitted, conditional and nonconforming uses.

a.

Permitted signs. Wall, awnings, canopy, marquee, franchise, permanent window, projecting and ground signs. A ground sign is allowed only if all buildings are set back at least 24 feet from the street right-of-way line.

b.

Area restrictions. Ground signs shall not exceed 100 square feet facing each frontage road. Projecting signs shall not exceed 24 square feet facing each frontage road. Total area of all signs for each frontage on a property shall not exceed two square foot per linear foot of building facade.

c.

Height restrictions. Ground signs shall not exceed 20 feet in height.

d.

Setbacks. Ground signs shall be at least five feet from the street right-of-way.

(Prior Code, § 18.07(10)(l))

Signs permitted in the highway commercial district (C-3) and the commercial waterfront are as follows:

(1)

Signs not requiring a permit.

(2)

On-premises signs for permitted, conditional and nonconforming uses.

a.

Permitted signs. Awnings, wall, window, marquee, canopy, franchise, ground and projecting signs.

b.

Area restrictions. Ground signs shall not exceed 100 square feet facing each frontage road. Projecting signs shall not exceed 24 square feet facing each frontage road. Total area of all signs for each frontage on a property shall not exceed two square foot per linear foot of building facade.

c.

Height restrictions. Ground and projecting signs shall not exceed 35 feet in height. Wall signs shall not extend above the roofline.

d.

Setbacks. Ground signs shall be at least 15 feet from the street right-of-way and at least ten feet from the side and rear lot lines.

(3)

Off-premises signs.

a.

Permitted signs. Ground and wall signs. Wall signs shall not project more than six inches. Ground signs may be back-to-back or V-type, with not more than two displays to each face, and such sign structure shall be considered as one sign. Only one off-premises signs shall be permitted per lot.

b.

Area restrictions. No one sign shall exceed 100 square feet.

c.

Height restrictions. Ground signs shall not exceed 35 feet in height. Wall signs shall not extend beyond the roofline.

d.

Spacing. No off-premises sign shall be located nearer than 600 feet from any other off-premises sign as measured along the centerline of the public right-of-way.

e.

Setback. All ground signs shall be at least 30 feet from interior side or rear lot lines and 15 feet outside the public right-of-way.

(Prior Code, § 18.07(10)(m))

(a)

Signs permitted in the light industrial and heavy industrial district are as follows:

(1)

Signs not requiring a permit.

(2)

On-premises signs for permitted, conditional and nonconforming uses.

a.

Permitted signs. Wall, window, marquee, canopy, ground and projecting. A ground sign is permitted only if the building is set back at least 25 feet from the street right-of-way line.

b.

Area restrictions. The total area of all on-premises signs shall not exceed one square foot per lineal foot of lot frontage up to a maximum of 600 square feet.

c.

Height restriction. Ground and projecting signs may not exceed 35 feet in height. Wall signs shall not extend above the roofline.

d.

Setbacks. Ground signs shall be at least 25 feet from side and rear lot lines and at least five feet from the public right-of-way.

(b)

Off-premises signs are not permitted in light and heavy industrial district.

(Prior Code, § 18.07(10)(n))

Signs located in the industrial park district shall follow the requirements of the industrial park covenants.

(Prior Code, § 18.07(10)(o))

It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this division is to:

(1)

Affect and accomplish the protection, enhancement, and perpetuation of such improvements, sites and districts, which represent or reflect elements of the city's cultural, social, economic, political and architectural history.

(2)

Safeguard the city's historic and cultural heritage, as embodied and reflected in such historic structures, sites and districts.

(3)

Foster civic pride in the notable accomplishments of the past.

(4)

Stabilize and improve property values.

(5)

Protect and enhance the city's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.

(6)

Improve and enhance the visual and aesthetic character of the city.

(7)

Educate the public regarding the need and desirability of the city's historic preservation program and its enhancement of the quality of life.

(Prior Code, § 18.17(1))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certificate of appropriateness means the certificate issued by the committee approving alteration, rehabilitation, construction, reconstruction or demolition of an historic structure, historic site or any improvement in an historic district.

Committee means the historic preservation committee created under this division.

Historic district means an area designated by a common council on recommendation of the committee, that contains two or more historic improvements or sites, as well as those abutting improvement parcels which the committee determines should fall under the provisions of this division to ensure that their appearance and development is harmonious with such historic structures or historic sites.

Historic site means any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which an historic event has occurred, and which has been designated as an historic site under this section, or an improvement parcel, or part thereof, on which is situated an historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated.

Historic structure means any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation and which has been designated as an historic structure pursuant to the provisions of this division.

Improvement means any building, structure, place, work or art or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like.

Improvement parcel is the unit of property, which includes a physical betterment constituting an improvement and the land embracing the site thereof, and is treated as a single entity for the purpose of levying real estate taxes; provided, however, that the term "improvement parcel" also includes any unimproved area of land which is treated as a single entity of such tax purposes.

(Prior Code, § 18.17(2))

An historic preservation committee is hereby created consisting of six members. The membership shall consist of a member of the common council whose term shall be one year; a member of the planning commission and the chairperson of the community committee whose terms shall be two years; and three city members whose terms shall be three years. All appointments are to be made by the mayor, subject to approval of the common council. The chairperson of the historic committee will be selected from among its members. Each member shall have an interest in historic preservation.

(Prior Code, § 18.17(3))

(a)

For purposes of this division, an historic structure, historic site, or historic district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archeological or cultural significance to the city such as historic structures, sites, or districts which:

(1)

Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community;

(2)

Are identified with historic personages or with important events in national, state or local history;

(3)

Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship;

(4)

Are representative of the notable work of a master builder, designer or architect who influenced his age; or

(5)

Have yielded, or may be likely to yield, information important to prehistory or history.

(b)

The committee may adopt specific operating guidelines for historic structure, historic site and historic district designation, providing such are in conformance with the provisions of this division.

(Prior Code, § 18.17(4))

(a)

Designation. The committee shall have the power subject to section 113-273, to designate historic structures and historic sites and to recommend designation of historic districts within the city limits. Such designations shall be made based on section 113-273. Historic districts shall be approved by the common council. Once designated, such historic structures, sites and districts shall be subject to all provisions of this division.

(b)

Regulation of construction, reconstruction, alteration and demolition.

(1)

No owner or person in charge of an historic structure, historic site or structure within an historic district shall reconstruct, alter or demolish all or any part of the exterior of such property or construct any improvement upon such designated property or properties or cause or permit any such work to be performed upon such property or demolish such property unless a certificate of appropriateness has been granted by the historic preservation committee. Unless such certificate has been granted by the committee, the building inspector shall not issue a permit for any such work.

(2)

Upon filing of any application for a certificate of appropriateness with the committee, the committee shall approve the application unless:

a.

In the case of a designated historic structure or historic site, the proposed work would detrimentally change, destroy or adversely affect any exterior architectural feature of the improvement or site upon which said work is to be done;

b.

In the case of the construction of a new improvement upon an historic site, or within an historic district, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site or within the district;

c.

In the case of any property located in an historic district, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this division and to the objectives and design criteria of the historic preservation plan for said district;

d.

The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the city and state;

e.

The building or structure is of such old and unusual or uncommon design, texture, and/or material that it could not be reproduced without great difficulty and/or expense;

f.

In the case of a request for a demolition permit, the denial of the permit would result in the loss of all reasonable and beneficial use of or return from the property; or

g.

In the case of a request for the demolition of a deteriorated building or structure, any hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair.

(3)

In addition, in determining whether to issue a certificate of appropriateness, the committee shall consider and may give decisive weight to any or all of the following standards:

a.

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

b.

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

c.

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

d.

Most properties change over time. Those changes that have acquired historic significance in their own right shall be retained and preserved.

e.

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

f.

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

g.

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

h.

Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

i.

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

j.

New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(4)

If the committee determines that the application for a certificate of appropriateness and the proposed changes are consistent with the character and features of the property or district, and with the above guidelines, it shall issue the certificate of appropriateness. Upon the issuance of such certificate, the building permit shall then be issued by the building inspector. The committee shall make this decision within 45 days of the filing of the application.

(5)

Agencies of the city and all public utility and transportation companies, undertaking projects affecting historic structures, historic sites or historic districts, shall be required to obtain a certificate of appropriateness prior to initiating any changes in the character of street paving, sidewalks, utility installations, lighting, walls, fences, structures, and buildings on property, easements, or streets owned or franchised by the city.

(6)

The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the city. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work. Insofar as they are applicable to an historic structure, historic site, or improvement in an historic district designated under this section, any provision of the plumbing code, electrical code, or building or housing of the city shall apply, unless waived by the appropriate state or city officials. The committee may support or propose such waivers before the appropriate state or city appeals body.

(7)

Compliance with certificates of appropriateness shall be started within 12 months after the issuance of the certificate, and the work shall conform to the provisions of the certificate. The city may inspect the work during and after construction in order to ensure compliance. Failure to comply with a certificate of appropriateness or failure to obtain a certificate of appropriateness shall be a violation of this section. In addition to other penalties and remedies, the city shall issue a stop work order, and all work shall cease on the designated property. No additional work shall be undertaken as long as such stop work order shall continue in effect.

(8)

Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of an historic structure or site or the replacement of elements of a structure with pieces identical in appearance, and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.

(c)

Appeals. Should the committee designate an historic site or historic structure and the property owner does not want the property so designated, the property owner may, within ten days, appeal to the common council for a decision to either confirm or deny the committee designation of the property. The common council will consider this action at its next regular council meeting.

(d)

Other duties. In addition to those duties already specified in this section, the committee shall:

(1)

Work for the continuing education of the citizens about the historical heritage of this city and the historic properties designated under the provision of this section.

(2)

Cooperate with the state historic preservation officer and the state historic preservation review board in attempting to include such properties hereunder designated as landmarks or landmark sites, or historic districts in the National Register of Historic Places and the state register of historic places.

(3)

As it deems advisable, receive and solicit funds for the purpose of historic preservation in the city. Such funds shall be placed in a special city account for such purpose.

(Prior Code, § 18.17(5))

(a)

Designation of historic structures, historic sites and historic districts.

(1)

The committee may, after notice and public hearing, designate historic structures, historic sites and recommend historic districts, or rescind such designation or recommendation, after application of the criteria in section 113-273. At least ten days prior to such hearing, the committee shall notify the owners of record, as listed in the office of the city assessor, who are owners of property in whole or in part situated within 200 feet of the boundaries of the property affected or within the boundaries of the historic district. These owners shall have the right to confer with the committee prior to final action by the committee on the designation. Notice of such hearing shall also be published as Class 1 notice, under the state statutes. The committee shall also notify the following:

a.

Department of public works;

b.

Redevelopment authority;

c.

Parks division;

d.

Fire and police departments;

e.

Health department;

f.

Building inspection division; and

g.

Planning commission.

Each such department may respond to the committee with its comments on the proposed designation or rescission.

(2)

The committee shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The committee may conduct an independent investigation into the proposed designation or rescission. Within ten days after the close of the public hearing, the committee may designate the property as either an historic structure, historic site, or recommend its inclusion in an historic district, or rescind the designation. After the designation or rescission has been made, notification shall be sent to the property owner or owners. Notification shall also be given to the city clerk, building inspection division, planning commission, and the city assessor. The committee shall cause the designation or rescission to be recorded, at city expense, in the county register of deeds office, or the recommendation to be submitted to the common council as provided in subsection (c) of this section.

(b)

Zoning of historic properties. The historic structure, historic site or historic district designation shall constitute a change in zoning, H or HD, for historic preservation purposes and shall be included as such on the official land use map. The H or HD zoning shall be in addition to the existing underlying land use zoning.

(c)

Creation of historic district.

(1)

For preservation purposes, the historic preservation committee shall select geographically defined areas within the city to be designated as historic districts and shall, with the assistance of the city planning department, prepare an historic preservation plan in ordinance form for each area. An historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the city which:

a.

Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community;

b.

Is identified with historic personages or with important events in national, state of local history;

c.

Embodies the distinguishing characteristics of architectural types or specimens inherently valuable for the study of the periods, styles, methods or construction, or of indigenous materials or craftsmanship;

d.

Is representative of the notable works of master builders, designers, or architects who influenced their age;

e.

Has yielded, or may be likely to yield, information important to history or prehistory.

Each historic preservation prepared for or by the historic preservation committee shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives.

(2)

Guidelines criteria to be considered in the development of historic district plans are as follows:

a.

All new structures shall be constructed to a height visually compatible with the building and environment with which they are visually related.

b.

The gross volume of any new structure shall be visually compatible with the buildings and environment with which it is visually related.

c.

In the street elevation of a building, the proportion between the width and height in the facade should be visually compatible with the building and environment with which it is visually related.

d.

The proportions and relationships between doors and windows in the street facade should be visually compatible with the buildings and environment with which it is visually related.

e.

The rhythm of solids to voids, created by openings in the facade, should be visually compatible with the buildings and environment with which it is visually related.

f.

The existing rhythm created by existing building masses and spaces between them should be preserved.

g.

The materials used in the final facade should be visually compatible with the buildings and environment with which it is visually related.

h.

The texture inherent in the facade should be visually compatible with the buildings and environment with which it is visually related.

i.

Colors and patterns used on the facade (especially trim) should be visually compatible with the buildings and environment with which it is visually related.

j.

The design of the roof should be visually compatible with the buildings and environment with which it is visually related.

k.

The landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should be visually compatible with the buildings and environment with which it is visually related.

l.

The street facade should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected.

m.

Architectural elements should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area.

(3)

Review and adoption procedure.

a.

The historic preservation committee shall hold a public hearing when considering the plan for an historic district. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 notice under the state statutes in the official city newspaper. Notice of the time, place and purpose of the public hearing shall also be sent by the city clerk to the alderman of the aldermanic district in which the historic district is located, and the owners of record, as listed in the office of the city assessor, who are owners of the property within the proposed historic district or are situated in whole or in part within 200 feet of the boundaries of the proposed historic district. Said notice is to be sent at least ten days prior to the date of the public hearing. Following the public hearing, the historic preservation committee shall vote to recommend, reject or withhold action on the plan. This recommendation shall be forwarded to the city planning commission for review and comment. The planning commission shall, within 30 days, submit their comments to the historic preservation committee.

b.

The common council, upon receipt of the recommendations from the historic preservation committee and the planning commission shall hold a public hearing, notice to be given as noted in subsection (c)(3)a of this section and shall following the public hearing either designate or reject the historic district. Designation of the historic district shall constitute adoption of the plan in ordinance form prepared for that district and direct the implementation of said plan.

(Prior Code, § 18.17(6))

No building permit shall be issued by the building inspector for alteration, construction, demolition, or removal of a nominated historic structure, historic site, or any property or structure within a nominated historic district from the date of the meeting of the historic preservation committee at which a nomination form is first presented until the final disposition of the nomination by the historic preservation committee or the city council, unless such alteration, removal or demolition is authorized by formal resolution of the city council as necessary for public health, welfare or safety. In no event shall the delay be for more than 180 days.

(Prior Code, § 18.17(7))

(a)

Every person in charge of an historic structure, historic site or improvement in an historic district shall maintain the same or cause or permit it to be maintained in a condition consistent with the provisions of this division. The city council may appoint the building inspector or any other individual or group of individuals to enforce this division. The duties of the inspection officer shall include periodic inspection at intervals provided by the city council of designated historic structures, historic sites and historic districts. These inspections may include physical entry upon the property and improvement, with permission of the owner, to ensure that interior alterations or maintenance will not jeopardize the exterior appearance or structural stability of the improvement. If an owner refuses permission for the enforcement officer to enter for purposes of inspection, the inspection officer may obtain a warrant of entry pursuant to Wis. Stats. § 66.0119 and take any other reasonable measures to further enforcement of this division.

(b)

Every person in charge of an improvement on an historic site or in an historic district shall keep in good repair all of the exterior portions of such improvement and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to fall into a state of disrepair, including, but not limited to:

(1)

The deterioration of exterior walls or other vertical supports;

(2)

The deterioration of roofs or other horizontal members;

(3)

The deterioration of external chimneys;

(4)

The deterioration or crumbling of exterior plasters or mortar;

(5)

The ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;

(6)

The peeling of paint, rotting, holes, and other forms of decay;

(7)

The deterioration of surrounding environment (e.g., fences, gates, sidewalks, steps, signs, accessory structures, and landscaping);

(8)

The deterioration of any features so as to create or permit the creation of any hazardous or unsafe condition or conditions;

(9)

All interior portions thereof which may cause the exterior to deteriorate or become damaged or otherwise to fall into a state of disrepair.

(c)

The purpose of this section is to prevent the demolition of a building or structure by neglecting it and permitting damage to it by weather or vandalism.

(Prior Code, § 18.17(8))

Any person violating any provision of this division shall be fined $200.00 for each separate violation. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the building inspector. If the violations remain uncorrected after the time specified in the notice, the city may, at its election, impose fines and/or have the violations corrected at city expense and have a lien placed against the property equal to the cost of the repairs, plus applicable fines and administrative costs.

(Prior Code, § 18.17(9))

In any case where the building inspector determines that there are emergency conditions dangerous to life, health or property affecting an historic structure, site or a property in an historic district, the building inspector may order the remedying of these conditions without the approval of the committee. The building inspector shall promptly notify the committee of the action being taken. When the emergency conditions do not require demolition, the building inspector shall make every effort to carry out the intent of this division and to use the design guidelines of the commission when remedying the emergency conditions.

(Prior Code, § 18.17(10))

The residents and businesses of the city depend exclusively on groundwater for a safe and reliable potable water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this wellhead protection division is to provide land use regulations and restrictions to protect the municipal water supply from potential sources of contamination. Statutory authority of the city to enact these regulations is established by the Wisconsin Legislature in Wis. Stats. § 63.23(7). Under this statute, the city has the authority to enact this division, effective in the wellhead zones of contribution identified in section 113-310.

(Prior Code, § 18.18(1))

It is the intent of this division to provide a method to protect the city's drinking water supply from potential impacts by facilities that store, handle, treat, use or produce substances that pose a hazard to groundwater quality.

(Prior Code, § 18.18(2))

Except as otherwise provided herein, the city utilities commission shall administer, implement and enforce the provisions of this division. Any powers granted to or duties imposed upon the city utilities commission may be delegated by the commission to other utility personnel.

(Prior Code, § 18.18(3))

(a)

The regulations of this division shall apply to the lands that lie both within the zones of contribution to the city municipal wells and also within the city corporate limits as depicted in the city utilities' wellhead protection plan areas.

(b)

Exemptions. The following are exempt from the requirements of this division:

(1)

The storage and handling of regulated substances for resale in their original unopened individual containers of five gallons or 40 pounds or less.

(2)

Minimal usage of regulated substances. Facilities that use, store, or handle regulated substances in quantities of five gallons or 40 pounds or less of any one regulated substance, and in aggregate quantities of 20 gallons or 160 pounds or less of all regulated substances.

(3)

Single-family residences provided that no home business is operated on the premises.

(4)

Public interest emergency use and storage of regulated substances.

(5)

Regulated substances used by or for the utility in water or wastewater treatment processes.

(6)

Fueling of equipment not licensed for street use, provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent leakage or other violations of this division.

(7)

Fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle.

(8)

Existing heating systems using fuel oil.

(9)

Cleanups, monitoring and/or studies undertaken under supervision of state regulatory agencies or the United States Environmental Protection Agency.

(Prior Code, § 18.18(4))

Except as stated in this section, and unless a different meaning of a word or term is clear from the context, the definition of words or terms in this division shall be the same as those used in the Wisconsin State Statute, Groundwater Protection Standards, and the Wis. Admin. Code NR 811.02.

Aquifer means saturated (with groundwater) soils and geologic materials which are sufficiently permeable to readily yield economically useful quantities of water to wells, springs or streams under ordinary hydraulic gradients.

Facility means any building, structure, installation, equipment, pipe or pipeline, including, but not limited to, any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed or otherwise come to be located.

Groundwater means underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure.

Municipal water supply means the public water supply serving the city.

Regulated substances means those chemicals and chemical mixtures that are health hazards, except for products registered as pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Health hazards for chemicals and chemical mixtures are typically identified on material safety data sheets (MSDS) available from the substance manufacturer or supplier. Substances packaged for consumption for humans or animals are not considered regulated substances. Regulated substances include:

(1)

Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic agents, irritants, corrosives, sensitizers, hepatoxins;

(2)

Agents that act on the hematopoietic system;

(3)

Reproductive toxins;

(4)

Agents which damage the lungs, skin, eyes, or mucous membranes as defined in 29 CFR 1910.1200, appendix A, "health hazard" definitions;

(5)

Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard;

(6)

Mixtures of chemicals which include a carcinogen; petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission and distribution of electric power to homes and businesses).

Regulated use means land use or development that either by design or operation requires additional technical or regulatory review and permitting in order to exist within defined areas of the wellhead protection areas.

Utility means the city utilities.

Utility commission or commission means the city utilities commission.

Well means any excavation that is drilled, cored, bored, driven, dug, fitted or otherwise constructed when the intended use of such excavation is for the location, diversion, artificial recharge or acquisition of groundwater.

Wellhead protection area (WPA) means those lands that lie within the zone of contribution of the city municipal wells and which also lay within the city corporate limits.

Zone of contribution means those areas identified as contributing source water to the municipal water supply.

(Prior Code, § 18.18(5))

Any use that is allowed under the applicable regulations and requirements of this division is permitted in the WPA, subject to regulated use requirements and applicable design and operational standards.

(Prior Code, § 18.18(6))

Any person may request a regulated use permit for certain uses, activities and structures within the WPA, not prohibited in section 113-314, unless exempted in section 113-310(b).

(Prior Code, § 18.18(7))

The following uses are prohibited in the WPA:

(1)

Buried hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals identified by OSHA criteria under 40 CFR 370.)

(2)

Cemeteries.

(3)

Chemical manufacturers.

(4)

Coal storage.

(5)

Dry cleaners.

(6)

Industrial lagoons and pits.

(7)

Landfills or any other solid waste facility.

(8)

Manure and animal waste storage.

(9)

Mining, including sand and gravel pits.

(10)

Motor vehicular services, including filling and service stations, repair, renovation and body working.

(11)

Pesticide and fertilizer dealer, transfer or storage facilities.

(12)

Private on-site wastewater treatment systems and/or holding tanks receiving more than 12,000 gallons per day.

(13)

Private high capacity water wells.

(14)

Railroad yards.

(15)

Rendering plants and slaughter houses.

(16)

Salt or deicing material storage.

(17)

Septage, manure or non-stabilized sludge spreading, storage or treatment.

(18)

Salvage or junk yards.

(19)

Stockyards and feed lots.

(20)

Stormwater infiltration basins.

(21)

Wood preserving operations.

(22)

Facilities whose aggregate use, storage, handling and/or production of regulated substances exceeds 20 gallons or 160 pounds at any time.

(Prior Code, § 18.18(8))

Classification of a use as being allowable or regulated shall be determined by the utility. In instances where there is uncertainty to the proper classification, the utility may request additional information from the person responsible for the operation of the facility, including, but not limited to, details of use, activities and structures proposed along with the quantities, use of, storage and handling of all regulated substances.

(Prior Code, § 18.18(9))

Any person may request a regulated use permit for certain new or expanded uses, activities and structures within the WPA that are regulated in section 113-313.

(1)

Application. All requests for a regulated use permit shall be submitted in writing to the utility commission on a form provided by the utility for a review of permit application materials. Applications shall include, as applicable, a site plan, operational plan, contingency/emergency response plan, and other materials necessary to determine compliance with the provisions of this division.

(2)

Determination. The utility commission shall have the authority to approve or deny a regulated use permit application. The determination shall be made within 60 days of submission of all application materials required, unless an extension is mutually agreed upon by the applicant and utility.

(3)

Required provisions. All regulated use permits granted shall be subject to provisions that will include environmental and safety monitoring determined necessary to afford adequate protection of the public water supply. These provisions shall include, but not be limited to:

a.

Establish environmental and operations plan to include an operational safety plan, material process and containment, operations monitoring, best management practices, and stormwater runoff management.

b.

Prepare, file and maintain a current contingency plan which details the response to any emergency that occurs at the facility. Provide a current copy to the utility.

(4)

Appeal. An applicant that is denied a regulated use permit may submit an appeal to the zoning board of zoning appeals.

(Prior Code, § 18.18(10))

(a)

The following design and operational standards shall apply to permitted and regulated land use activities within the WPA:

(1)

All parking lots shall be paved with asphalt or concrete.

(2)

All stormwater conveyance shall be via a swale lined with an appropriate impervious material or a watertight storm sewer pipe.

(3)

Facilities that handle regulated substances shall have a minimum of one loading/unloading area designated for the handling of regulated substances. The designated loading/unloading area shall be designed with spill and/or runoff containment that is connected to a municipal sanitary sewer system. The loading/unloading area shall be designed to minimize precipitation or stormwater runoff from entering the sanitary sewer. Regulated substances may be loaded or unloaded only in a designated handling area.

(4)

Storage areas for regulated substances shall be designed with secondary containment capable of controlling 150 percent of the maximum design capacity of the storage area.

(5)

Regulated substances associated with paving, pouring of concrete, or construction activities may be handled in the WPA, provided such permitted regulated substances do not pose a real and present danger of contaminating surface and/or groundwater. For the on-site storage of fuel for vehicles and other equipment, which may be associated with such construction activity, the fuel storage containers shall be secondarily contained. Regulated substances not used in the construction process and all wastes generated during construction shall be removed from the construction site not later than at the time of the completion of the construction. If construction activity has ceased for 30 days, all regulated substances shall be removed from the site until such time as the construction activity is to resume.

(6)

Except in the case of seasonal discontinuation of operation, the owner or operator of any non-residential property that becomes unoccupied or has discontinued operation for a period of 30 consecutive days shall remove all regulated substances from the property. The owner or operator shall secure the regulated substances on the property until they have been removed.

(7)

No truck, truck trailer, or tank truck shall be used for the onsite storage of regulated substances. Regulated substances shall be transferred from the delivery vehicle to the regulated substance storage area as soon as possible.

(b)

The following separation distances between any public well and potential contaminant sources as specified in Wis. Admin. Code NR 811.12(5)(d) shall be maintained:

(1)

Storm sewer main: 50 feet.

(2)

Sanitary sewer main, manhole, or lift station: 200 feet. A lesser separation distance may be allowed for sanitary sewer mains where the main is constructed of water main materials and joints and pressure tested to meet current American Water Works Association (AWWA) specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet.

(3)

Single- or two-family residential fuel tank: 200 feet.

(4)

Septic tank or soil absorption unit receiving less than 12,000 gallons per day: 400 feet.

(5)

Gasoline or fuel storage installation that has received written approval from the state: 600 feet.

(6)

Septic tank or absorption unit receiving more than 12,000 gallons per day: 1,000 feet.

(7)

Salt or de-icing storage facility: 1,200 feet.

(Prior Code, § 18.18(11))

Existing facilities within the WPA at the time of enactment which use, store, handle or produce a regulated substance in excess of the quantities outlined in section 113-313 and all other facilities which are considered a regulated use in section 113-313, shall be subject to the following requirements:

(1)

Such facilities, as defined above, which exist within the WPA at the time of the enactment of the wellhead protection requirements, shall have the responsibility of devising, filing and maintaining, with the utility, a current contingency plan which details how they intend to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including notifying municipal, county and state officials.

(2)

Such facilities, as defined above, cannot engage in or employ a use, activity, or structure listed in regulated uses, which they did not engage in or employ at the time of the enactment of the WPA.

(3)

No existing use, activity or structure listed as regulated use shall be expanded, replaced in kind, or rebuilt unless a regulated use permit is granted for such expansion, replacement or rebuilding. This section does not apply to normal maintenance or minor repairs.

(Prior Code, § 18.18(12))

The utility shall have the authority to administer and enforce the provisions of this division by order, and may obtain injunctive relief if deemed appropriate to terminate any continuing violation.

(1)

Inspections. The utility shall have the right to conduct inspections of facilities at reasonable times to determine compliance with this division.

(2)

Permit revocation. The utility may revoke any permit issued pursuant to this division after notice to the permittee is provided that the permittee has:

a.

Failed to comply with any provision of this division.

b.

Submitted false or inaccurate information in a permit application.

c.

Refused lawful inspection.

d.

Failed to address a notice of violation within the proper timeframe.

(Prior Code, § 18.18(13))

Whenever it is determined that there is a violation of this division, the notice of violation shall:

(1)

Be in writing and delivered to the responsible party by regular mail.

(2)

Specify the violation.

(3)

Specify the length of time allowed to correct the violation from the date of the notice of violation.

(Prior Code, § 18.18(14))

Any person who violates any provision of this division shall be subject to a penalty as provided in section 1-7. In addition, any person who violates any provision of this section shall be responsible for any fees and costs incurred by the utility in obtaining injunctive relief as outlined in section 113-319.

(Prior Code, § 18.18(15))