The development and execution of this subdivision is based upon the division of the city into districts, within which districts the use of land and buildings and bulk and location of buildings and structures in relation to the land are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district without consideration, in each case, of the impact of those uses upon neighboring land or public facilities and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

(Code 1999, § 13-1-80)

(a)

The common council authorizes the zoning administrator to issue a conditional use permit after review, public hearing and approval from the plan commission and common council, provided that such conditional use and involved structures are found to be in accordance with the purpose and intent of this article and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. Such commission or common council action and the resulting conditional use permit shall specify the period of time for which effective if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the common council shall make findings based upon the evidence presented that the standards prescribed in this subdivision are being complied with.

(b)

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within one-half mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the trafficway. The plan commission and common council shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.

(c)

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the plan commission and common council upon their finding that these are necessary to fulfill the purpose and intent of this article.

(d)

Compliance with all other sections of this article, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.

(Code 1999, § 13-1-81)

Any person having a freehold interest or a possessory interest entitled to exclusive possession or a contractual interest which may become a freehold interest or an exclusive possessory interest and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses provided for in this subdivision in the zoning district in which such land is located.

(Code 1999, § 13-1-82)

An application for a conditional use shall be filed on a form prescribed by the city. The application shall be accompanied by a plan showing the location, size and shape of the lot involved and of any proposed structures and the existing and proposed use of each structure and lot and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in section 14-712. The plan commission or common council may require such other information as may be necessary to determine and provide for enforcement of this article, including a plan showing contours and soil types; high water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

(Code 1999, § 13-1-83)

Nothing in this article shall prohibit the common council on its own motion from referring the request for conditional use to the plan commission. Upon receipt of the application and statement referred to in section 14-709, the plan commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by the commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the plan commission shall, by rule, prescribe from time to time.

(Code 1999, § 13-1-84)

Notice of the time, place and purpose of the hearing required under this subdivision shall be given by publication of a class 1 notice under statute in the official city newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the zoning administrator, members of the common council and plan commission and 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 100 feet of the boundaries of the properties affected. Such notice shall be sent at least ten days prior to the date of such public hearing. The plan commission shall report its action to the common council within 45 days after a matter has been referred to it, after which the common council shall take formal action. For each application for a conditional use, the plan commission shall report to the common council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.

(Code 1999, § 13-1-85)

(a)

Conditions required. No application for a conditional use shall be recommended for approval by the plan commission or granted by the common council, unless the commission shall find all of the following conditions are present:

(1)

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

(5)

Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion in the public streets.

(6)

The conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.

(7)

The proposed use does not violate floodplain regulations governing the site.

(8)

Adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.

(b)

Application of standards. When applying the standards in subsection (a) of this section to any new construction of a building or an addition to an existing building, the common council and plan commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

(c)

Additional considerations. In addition, in passing upon a conditional use permit, the plan commission shall also evaluate the effect of the proposed use upon the following:

(1)

The maintenance of safe and healthful conditions.

(2)

The prevention and control of water pollution, including sedimentation.

(3)

Existing topographic and drainage features and vegetative cover on the site.

(4)

The location of the site with respect to floodplains and floodways of rivers and streams.

(5)

The erosion potential of the site based upon the degree and direction of slope, soil type and vegetative cover.

(6)

The location of the site with respect to existing or future access roads.

(7)

The need of the proposed use for a shoreland location.

(8)

Its compatibility with uses on adjacent land.

(9)

The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(Code 1999, § 13-1-86)

When an advisory recommendation of denial of a conditional use application is made by the plan commission or an actual denial is made by the common council, the plan commission and/or common council shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the commission and/or common council has used in determining that each standard was not met. If an application for a proposed conditional use is not acted upon finally by the common council within 90 days of the date upon which such application is received by the council, it shall be deemed to have been denied.

(Code 1999, § 13-1-87)

The following shall apply to all conditional uses:

(1)

Conditions. Prior to the granting of any conditional use, the plan commission may recommend and the common council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified in section 14-712. When conditional uses are granted, the city shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration, the following:

a.

Landscaping;

b.

Type of construction;

c.

Construction commencement and completion dates:

d.

Sureties;

e.

Lighting;

f.

Fencing;

g.

Operational control;

h.

Hours of operation;

i.

Traffic circulation;

j.

Deed restrictions;

k.

Access restrictions;

l.

Setbacks and yards;

m.

Type of shore cover;

n.

Specified sewage disposal and water supply systems;

o.

Planting screens;

p.

Piers and docks;

q.

Increased parking; or

r.

Any other requirements necessary to fulfill the purpose and intent of this article.

(2)

Site review. In making its recommendation, the plan commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.

(3)

Alteration. No alteration of a conditional use shall be permitted unless approved by the common council, after recommendation from the plan commission.

(4)

Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the common council may require the use of certain general types of exterior construction materials and/or architectural treatment.

(5)

Sloped sites; unsuitable soils. Where slopes exceed six percent and/or where a use is proposed to be located on an area indicated as having soils that are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided that clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.

(Code 1999, § 13-1-88)

Where a conditional use application has been approved or conditionally approved, such approval shall become null and void within 24 months of the date of the approval unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the zoning administrator shall notify the holder by certified mail of such revocation. The board may extend such permit for a period of 90 days for justifiable cause, if application is made to the common council at least 30 days before the expiration of such permit.

(Code 1999, § 13-1-89)

(a)

The common council shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the zoning administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other section of this article.

(b)

Upon written complaint by any citizen or official, the common council shall initially determine whether such complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in section 14-712, a condition of approval or other requirement imposed under this subdivision. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in section 14-711. Any person may appear at such hearing and testify in person or be represented by an agent or attorney.

(c)

The common council may, in order to bring the subject conditional use into compliance with the standards set forth in section 14-712 or conditions previously imposed by the common council, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. If no reasonable modification of such conditional use can be made in order to ensure that the standards in section 14-712(a) and (b) will be met, the common council may revoke the subject conditional approval and direct the zoning administrator and the city attorney to seek elimination of the subject use.

(d)

Following any such hearing, the decision of the common council shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.

(Code 1999, § 13-1-90)

(a)

Conditional use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in residence districts pursuant to this subdivision.

(b)

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

Bed and breakfast establishment means any place of lodging that provides four or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.

(c)

State standards. Bed and breakfast establishments shall comply with the standards of Wis. Admin. Code.

(Code 1999, § 13-1-91)

(a)

Intent. The intent of this section is to provide a means to accommodate a small family home-based business or professional home office as a conditional use without the necessity of a rezone into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.

(b)

Restrictions. Except as provided in subsection (c) of this section, home occupations are a conditional use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:

(1)

The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.

(2)

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

(3)

No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.

(4)

No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

(5)

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

(6)

The common council may determine the percentage of the property that may be devoted to the occupation, but it shall not exceed 30 percent.

(7)

The types and number of equipment or machinery may be restricted by the common council.

(8)

Sale or transfer of the property shall cause the conditional use permit to be null and void.

(9)

Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.

(10)

No more than one nonresident employee may work on the home occupation premises.

(c)

Permitted use exception. A home occupation under this section may be maintained in any residential district as a permitted use, as opposed to a conditional use, if the standards of subsection (b) of this section are complied with and no sign is erected or maintained regarding the home occupation, no more than one person works on the premises, no customers regularly come to the house and the business is service oriented and not engaged in retail trade.

(Code 1999, § 13-1-92)

(a)

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

(1)

Accessory structure. means a subordinate structure located on the same parcel as the principle structure, the use of which is clearly incidental to and associated with the principal structure.

a.

Examples of accessory structures are barns, garages, carports, playhouses, sheds, private greenhouses, gazebos, storage buildings, boathouses and wind-generating devices.

(2)

Shipping container. means any factory-built container or part thereof designed or used for freight or storage and includes, but is not limited to, Conex boxes and sea-land containers. Such containers are typically originally designed for transport.

(b)

Building permit required. No owner shall, within the city, build, construct, use or place any type of an accessory building, including prefabricated accessory buildings, until a permit shall have first been obtained from the city building inspector's department. Application for an accessory building permit shall be made in writing to the city inspector's department. With such application there shall be submitted a fee pursuant to the city building code set forth in article VI of this chapter and a complete set of plans and specifications, including a plot plan or drawing accurately showing the location of the proposed accessory building with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.

(c)

Presence of principal use. 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 to which it is located, except as specifically otherwise provided.

(d)

Placement restrictions in residential district. An accessory use or structure in a residential district may be established subject to the following:

(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 and one fixed children's play structure 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; lot area coverage.

a.

No detached accessory building shall occupy any portion of the required front yard.

b.

No accessory building or structure constructed on a lot with an existing principal structure (single-family detached dwellings, rectories, parsonages and parish houses) shall be of greater height than the principal structure. If, under this article, the accessory building or structure is built before the principal structure, the same height restriction shall apply. This height rule shall not apply to lots where the principal structures are used for agricultural purposes.

c.

No detached accessory building shall occupy more than 33 percent of the area of a required yard or exceed 1,000 square feet in size, whichever is more restrictive.

d.

No detached accessory building shall be located within five feet of any other accessory building. Setbacks shall be as prescribed by district regulations.

e.

The dimensions of any swimming pool, fixed children's play structure, detached garage, tennis court and other detached accessory buildings/structures shall be included in the determination of available lot area coverage for accessory structures.

f.

An accessory building shall not be nearer than ten feet to the principal structure unless the applicable building code regulations in regard to one-hour, fire-resistive construction are complied with. In no event can the accessory uses or structures be forward of the front line of the principal structure. Accessory structures shall not be closer than two feet to any lot.

(4)

Pole structures. In residential zoning districts R-1 through R-4, these structures will be allowed provided they meet all Wisconsin Department of Safety and Professional Service's snow loading and wind loading specifications as provided through engineering data from the supplier of the building. Proposed structures without engineering data will not be allowed unless structural analysis is provided. Agricultural pole structures in the R-1 district are not subject to these requirements since they are exempt from the building code.

(5)

Location on reversed corner lots.

a.

On a reversed corner lot in a residence district and within 15 feet of any adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to two-thirds the least depth which would be required under this article for the front yard on such adjacent property to the rear. Further, in this instance, no such accessory building shall be located within five feet of any part of a rear lot line which coincides with the side lot line or portion thereof of property in any residence district.

b.

No accessory building shall be erected in or encroach upon the required side yard of a corner lot which is adjacent to the street, nor upon the required side yard of a reversed corner lot which is adjacent to the street.

(e)

Use restrictions in:

(1)

Residential district. Accessory uses or structures in residential districts shall not involve the conduce of any business, trade or industry except for home occupations and shall not be occupied as a dwelling unit. Accessory buildings shall not be used for residential purposes. Under no circumstances may a tent, shipping container, truck body, semi-trailer or similar structures be used as a dwelling or an accessory structure.

(2)

Business and industrial districts. Shipping container, truck body, semi-trailer or similar devices used as an accessory structure or storage facility shall be approved as a conditional use.

(f)

Placement restrictions in nonresidential districts. An accessory use or structure in a business or industrial district may be established in the rear yard or side yard and shall not be nearer than five feet to any side or rear lot line.

(g)

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.

(h)

Landscaping 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, bird baths, trees, shrubs and flowers and gardens.

(i)

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.

(j)

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 as follows:

(1)

Such private garage shall be located not less than five feet from the front lot line;

(2)

The floor level of such private garage shall be not more than one foot above the curb level; and

(3)

At least one-half the height of such private garage shall be below the mean grade of the front yard.

(k)

Outdoor lighting. Outdoor lighting installations shall not be permitted closer than two feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height. The lighting shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties, and the lighting shall not register more than one-half footcandle at the property line.

(l)

Lawn accessories. Paved terraces and purely decorative garden accessories, such as pools, fountains, statuary, sundials, flagpoles, etc., shall be permitted in setback areas, but not closer than two feet to an abutting property line other than a street line.

(m)

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.

(n)

Children's play structures. For purposes of this section, children's play structures, including play houses, tree houses or fixed elevated play structures and climbing gyms, shall be considered accessory structures and shall comply with the requirements of this section, whether such play structures are placed on a foundation or not. Swing sets, slides and sandboxes are not considered children's play structures for purposes of this section. A building permit is not required for the construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance.

(o)

Terrace area restrictions. In addition to the definitions and restrictions contained in chapter 34, articles I and II, no person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboards/hoops, in the terrace area.

(Code 1999, § 13-1-200; Ord. No. 1211B, § 1, 4-14-2010; Ord. No. 1309B, § 1, 2-13-2019; Ord. No. 1361B, §§ 1—7, 3-13-2024)

(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 not be stacked 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. Fences as used in this subsection 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 this Code.

(e)

Not more than 20 percent of the side and rear yards may be used for storage of firewood at any one time.

(Code 1999, § 13-1-201)

(a)

Definition. For the purposes of this section, the term, "fence" is defined as an enclosed barrier consisting of vegetation, wood, stone, or metal intended to prevent ingress or egress. For purposes 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)

Categorizations of fences:

(1)

Boundary fence. A fence constructed along a property boundary denoting a separation between 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 landscape.

(4)

Picket fence. A fence having a pointed post, stake, pale or peg, laced vertically with the point, or sharp part pointing upward to form part of the fence.

(5)

Hedge. A hedge is a row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.

(6)

Decorative fence. A fence not exceeding a height of 36 inches from ground level, made of material other than wire, metal, chain or poured concrete, and constructed in a substantially open pattern such as a weave or board-and-space pattern and not a solid pattern such as a block, concrete, or privacy pattern.

(7)

Retaining wall. A solid barrier of any material constructed to hold back a mass of earth. A retaining wall shall be considered a fence for purposes of this section.

(8)

Security fence. Security fences shall not exceed eight feet in height and shall be of an open type similar to woven wire or wrought iron.

(9)

Snow fences.

(c)

Heights of fences, walls and hedges. The height of fences, walls and hedges shall be in accordance with the following:

(1)

Except as provided in section 14-41, a fence, wall, hedge or shrubbery may be erected, placed, maintained or grown along a lot line on residentially zoned property or adjacent thereto not exceeding six feet above ground level, except that no such fence, wall, hedge or shrubbery which is located in a required front or corner side yard shall exceed a height of three feet. Where such lot line is adjacent to nonresidentially zoned property, there shall be an eight-foot limit on the height of a fence, wall, hedge or shrubbery along such lot line. Where the fence line follows a grade which is rolling, the bottom of the fence must follow the slopes as nearly as possible. The height of the fence must include the low points along the fence line and still meet the height requirements listed in this section above.

(2)

No fence, wall, hedge or shrubbery shall be erected, placed, maintained or grown along a lot line on any nonresidentially zoned property, to a height exceeding eight feet.

(3)

In any residential district no fence, wall, hedge, or shrubbery shall be erected, constructed, maintained or grown to a height exceeding three feet above the nearest street grade within 25 feet of the intersection of any street lines or street lines projected.

(4)

All fence structures or hedges listed in this section shall be set back eight feet from an alley right-of-way line.

(5)

No fence in any front yard or corner side yard may exceed three feet in height unless said fence causes no visual obstruction, and then in that case, it can be up to four feet in height.

(d)

Placement of fences on property.

(1)

Residential fences shall be built along and up to the lot line.

(2)

In front and corner side yards, fences may be placed up to the lot lines provided they comply with subsections (c)(1) and (3) and (5).

(3)

All parts of the fence shall be built upon the owner's property.

(e)

Dangerous fences. No fence shall be constructed which has sharp edges or points, or which conducts electricity, or is designed to electrically shock, or which uses barbed wire. However, barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are eight feet above the ground and project toward the fenced property and away from any public area.

(f)

Fencing materials regulated.

(1)

Fences shall be limited to decorative or architecturally aesthetic types of fences including PVC materials, resin materials, chain link, ornate wood, lattice, stone face, and shall not contain chicken wire, snow fence, slab wood, barbed wire, or woven wire, tarp, or tarp like material or any other unattractive materials.

(2)

Supporting post and members may be placed on either side of the fence depending on the style of fence, or supporting members may be enclosed within the structure.

(3)

Vegetative growth is acceptable for use in creating fences as long as the height requirements in subsections (c)(1), (3) and (5) are met.

(g)

Maintenance/repair.

(1)

All fences shall be maintained and kept safe and in a state of good repair.

(2)

The fence owner shall properly trim weeds and grasses around the fence.

(3)

Any fence existing on the effective date of the ordinance from which this section is derived and not in conformance with this section may be maintained, but any alteration, modification or improvement of such fence shall comply with this section.

(4)

Any person building a fence on the property of another person shall move said fence to its correct location within 30 days after discovery of the encroachment.

(h)

Temporary fences.

(1)

Fences erected for the protection of plantings or to warn of a construction hazard or for similar purposes shall clearly be visible or marked with colored streamers or other such warning devices at four-foot intervals.

(2)

Such fences shall comply with the setback requirements set forth in this section.

(3)

Temporary fences shall not remain in place for more than 45 days.

(4)

Permits are not required for temporary fences.

(i)

Fence permit.

(1)

No person shall erect a fence in the City of Antigo unless a permit is obtained by the owner or his/her agent from the city inspector for any fence greater than 20 feet in length.

(2)

The applicant shall submit design specifications and a plot plan showing the lot with setbacks indicating placement of the fence with dimensions clearly shown on the plan.

(3)

Permit fees specified in section 1-22 shall be paid upon submission of the application for the permit.

(j)

Property boundary determinations.

(1)

The property owner shall be responsible for determining where the property lines are located.

(2)

If a certified survey of the property exists, iron pipes should be present at all corners of the property and these pipes mark the boundary lines.

(3)

If the boundary lines are not clear or unknown, the owner is responsible for having a survey done to verify where the lines are located.

(4)

All parts of the fence shall be erected on the owner's property.

(k)

Snow fences.

(1)

Utility snow fences may be used only during the winter months and shall be removed at the end of each winter season.

(2)

Snow fences may be of the wood and wire type or plastic woven type.

(3)

Snow fences must follow setback requirements and also heights for vision clearances.

(Code 1999, § 13-1-202; Ord. No. 1243B, § 1, 8-8-2012; Ord. No. 1310B, § 1, 2-13-2019; Ord. No. 1362B, §§ 1, 2, 3-13-2024)

(a)

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

Swimming pool means a body of water or an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1½ feet located above or below the surface of ground elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semipermanent structure on the land. The term 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 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 city inspector. Plans and specifications and pertinent explanatory data should be submitted to the city inspector 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. The required swimming pool permit fee as provided in section 1-22 shall accompany such application.

(d)

Construction requirements. In addition to such other requirements as may be reasonably imposed by the city inspector, the city inspector shall not issue a permit for construction as provided for in subsection (c) of this section unless the following construction requirements are observed:

(1)

Approved materials. 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.

(2)

Plumbing. All plumbing work shall be in accordance with all applicable ordinances and all state codes. Every private or residential swimming pool shall be provided with a suitable draining 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)

Electrical installations. 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 law and ordinances regulating electrical installations.

(e)

Setbacks. Setbacks and other requirements shall be as follows:

(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 such lot is occupied by a principal building.

(2)

All swimming pools shall be at least ten feet from any lot line or building unless designed and approved as an addition to a building.

(f)

Enclosure. Standards for enclosures are as follows:

(1)

Fence for in-ground pools. All outdoor, below grade swimming pools shall have a fence or other solid structure not less than four feet in height completely enclosing the pool with no opening therein, other than doors or gates, larger than three inches square. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.

(2)

Pool wall barrier for above ground pools. The pool wall barrier for above ground pools shall be as follows:

a.

An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool. Such walls shall extend more than three feet above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.

b.

The pool enclosure may be omitted where a portable pool is installed above ground and has a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of 36 inches high on the top.

(g)

Compliance. All swimming pools existing on the effective date of the ordinance from which this section is derived not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool. Enclosures on existing pools shall be inspected by the building inspector for compliance. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.

(h)

Draining. No private swimming pool shall be constructed to allow water therefrom to drain into any sanitary sewer nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the plumbing inspector.

(i)

Filter system required. All private swimming pools within the meaning of this article must have, in connection therewith, some filtration system to ensure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

(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.

(Code 1999, § 13-1-203)

(a)

Purpose. The purpose of this section is to protect public and private property from the effects of poorly designed and constructed retaining walls.

(b)

Permit required. A permit shall be required for all retaining walls constructed that exceed 24 inches in height, including terraced retaining wall projects where the total height of all walls exceeds 24 inches, and are closer than 15 feet to a property line.

(c)

Application and plans. Application shall be made to the zoning administrator on forms provided and shall include a site plan and a set of construction plans. Plans sealed by a professional engineer registered in the state and/or other information necessary to adequately review the proposed retaining wall may also be required by the zoning administrator.

(d)

Performance standards. A retaining wall shall be designed to resist the lateral pressure of the retained material in accordance with accepted engineering practice. Walls retaining drained earth may be designed for pressure equivalent to that exerted by an equivalent fluid weighing not less than 30 pounds per cubic foot and having a depth equal to that of the retained earth. Any surcharge shall be in addition to the equivalent fluid pressure.

(e)

Setbacks. Setbacks for retaining walls shall be the same as for fences under section 14-748(d).

(Code 1999, § 13-1-204)

(a)

Scope. The off-street parking and loading requirements of this subdivision shall apply as follows:

(1)

For all buildings and structures erected and all uses of land established after December 1968, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such buildings or uses are located.

(2)

When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified for required parking or loading facilities, parking and loading facilities as required shall be provided for such increase in intensity of use.

(3)

Whenever the existing use of a building or structure shall be changed to a new use, parking or loading facilities shall be provided as required for such new use.

(b)

Existing parking facilities. Accessory off-street parking facilities in existence in December 1968 and located on the same lot as the building or use served shall not be reduced below or, if already less than, shall not be further reduced below the requirements for a similar new building or use under this subdivision.

(c)

Permissible parking and loading facilities. Nothing in this subdivision shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations governing the location, design and operation of such facilities are adhered to.

(d)

Damage or destruction. For any conforming or legally nonconforming building or use which is in existence as of December 1968 which subsequently is damaged or destroyed by fire, collapse, explosion or other cause and which is reconstructed, reestablished or repaired, off-street parking or loading facilities need not be provided, except that such facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this subdivision for equivalent new uses or construction.

(e)

Control of off-site parking facilities. When parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory. Such possession may be either by deed or longterm lease, the term of such lease to be determined by the board of appeals. The owner of the land on which the parking facilities are to be located shall be bound by covenants filed on record in the office of the register of deeds of the county requiring such owner, his/her heirs and assigns to maintain the required number of parking facilities for the duration of the use served or of the lease, whichever shall terminate sooner.

(f)

Submission of plot plan. Any application for a building permit or for an occupancy certificate where no building permit is required shall include a plot plan, drawn to scale and fully dimensioned, showing any off-street parking or loading facilities to be provided in compliance with this subdivision.

(Code 1999, § 13-1-120)

(a)

Vision setback at intersections of public streets. The vision setback at the intersections of public streets shall be as follows:

(1)

Where two public streets intersect at grade level, the intersection shall be day-lighted by excluding all buildings, structures and other obstructions to view, including shrubbery and trees except highway and street signs, from the triangles adjacent to the intersection described as follows: bounded on two sides by the near boundaries of the intersecting streets and on the third side by a line drawn so as to intersect the street boundaries at points 25 feet distant from the point of intersection of the street boundaries at the corner.

(2)

When trees of large diameter, a large numbers of trees or some combination of these are present, this subsection (a) shall be construed to mean that a sufficient number of trees shall be removed to render an object such as a motor vehicle clearly visible across the vision clearance triangle from one street or road to another, the intent being to provide for the public safety; but it shall not necessarily be construed to mean that every tree in the vision clearance triangle must be removed.

(b)

Exception. For arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 50 feet.

(Code 1999, § 13-1-121)

(a)

Loading space requirements. On every lot on which a new business, commercial or industrial use is established after the effective date of the ordinance from which this article is derived, off-street loading space with access to a public street or alley shall be provided as follows for the loading and unloading of vehicles off the public right-of-way:

(b)

Multiple or mixed uses. Where a building is devoted to more than one use or for different uses and where the floor area for each use is below the minimum required for a loading space but the aggregate floor area of such uses is above such a minimum, off-street loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.

(c)

Location. All loading areas shall be off street and shall be located on the same lot as the building or use to be served. A loading area shall not be located less than 25 feet from any street right-of-way, nor less than 50 feet from a residential district unless within a building. Loading areas shall not occupy more than one-half the required front yard setback. No loading space shall be located within 30 feet of the nearest point of intersection of two streets or require any vehicle to back into a public street.

(d)

Surfacing. All open off-street loading berths shall be improved with a compacted gravel base, not less than seven inches thick, surfaced with not less than two inches of asphalt or treated with some comparable all-weather dustless material.

(e)

Size. An individual loading space shall be at least 12 feet wide by 70 feet long and shall have a minimum high clearance of 16 feet.

(f)

Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

(g)

Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots, provided the following conditions are fulfilled:

(1)

Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.

(2)

Total berths provided shall meet the requirements based on the sum of the several types of uses served. Areas of types of uses may be totaled before computing the number of loading berths.

(3)

No zoning lot served shall be more than 300 feet removed from the central loading area.

(4)

The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and shall have a clearance of not less than seven feet.

(h)

Unlawful truck use. No truck or semitrailer or part thereof shall be used for the purpose of permanent storage of goods or material or for advertising purposes within the city. Use for a period in excess of two weeks for the purpose of storage or advertising shall, for the purpose of construction of this article, be deemed permanent use in violation of this section.

(Code 1999, § 13-1-122)

Off-street parking spaces accessory to uses allowed in residence districts shall be provided in accordance with the following as well as in section 14-776:

(1)

Utilization. Except as may otherwise be provided for the parking of trucks in the granting of conditional uses, required accessory off-street parking facilities provided for uses listed in this subdivision shall be solely for the parking of passenger automobiles of patrons, occupants or employees of such uses.

(2)

Computation. When determination of the number of off-street parking spaces required by this subdivision results in a requirement of a fractional space, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space.

(3)

Collective use of facilities. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. Further, no parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the board of appeals.

(4)

Size. Each required off-street parking space shall be at least eight feet six inches in width and at least 20 feet in length, exclusive of access drives or aisles, ramps, columns or office or work areas. Such space shall have a vertical clearance of at least six feet six inches and shall be measured at right angles to the axis of the vehicle. Aisles shall be not less than 24 feet wide for 90-degree parking, 18 feet wide for 60-degree parking, 13 feet wide for 45-degree parking (the angle shall be measured between the centerline of the parking space and the centerline of the aisle) and 12 feet wide for parallel parking. For parallel parking the minimum length of the parking space shall be increased to 23 feet.

(5)

Access. Each required off-street parking space shall open directly upon an aisle or driveway at least 12 feet wide or such additional width and design to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

(6)

Location in yards. Off-street parking spaces open to the sky may be located in any yard, except required front yards. Enclosed buildings and carports containing off-street parking shall be subject to applicable yard requirements.

(7)

Design and maintenance. Design and maintenance shall be as follows:

a.

Character. Accessory off-street parking spaces may be open to the sky or enclosed in a building.

b.

Surfacing. Subsequent to 1998, all open off-street parking areas shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a machine-laid two-inch blacktop on a four-inch base or five inches of Portland cement will meet this requirement) within 24 months of occupancy.

c.

Screening and landscaping. All open automobile parking areas containing more than four parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge not less than five feet nor more than eight feet in height.

d.

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three footcandles measured at the lot line.

e.

Signs. Accessory parking signs shall be permitted on parking areas in accordance with the provisions specified for each zoning district in this subdivision.

f.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with parking facilities provided in residence districts.

(8)

Maximum number of spaces. The total number of accessory parking spaces provided for a single-family, two-family or multiple-family dwelling shall not exceed that required by this article for such use or for an equivalent new use by more than 50 percent or four spaces, whichever number is greater.

(9)

Location. All parking spaces required for uses which are established after December 1968 shall be located on the same zoning lot as the use served. Uses which are in existence as of December 1968 and which are subsequently altered or enlarged to require the provision of parking spaces under this subdivision may be served by parking facilities located on land other than the zoning lot on which the building or use served is located, provided that such facilities are located within 500 feet walking distance of a main entrance to the use served. Owners of property nonconforming as to parking who elect to provide parking may locate such parking as allowed by this section.

(10)

Employee parking. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.

(Code 1999, § 13-1-123)

Off-street parking spaces accessory to uses allowed in residential districts shall be provided in accordance with the following minimum requirements:

(1)

Single-family, two-family and multifamily detached dwellings. One parking space shall be provided for each dwelling unit.

(2)

Agriculture. There shall be no requirement except with respect to accessory roadside stands for which shall be provided spaces adequate in number, as determined by the building inspector, to serve the public.

(3)

Airports and commercial heliports. Parking spaces shall be provided in adequate number, as determined by the plan commission, to serve the public.

(4)

Educational (nonboarding) and cultural institutions. Parking spaces for educational (nonboarding) and cultural institutions shall be provided as follows:

a.

Elementary schools, nonboarding. One parking space shall be provided for each two employees.

b.

High schools (junior or senior), nonboarding. One parking space shall be provided for each two employees, and one parking space shall be provided for each ten students, based on the maximum number of students attending classes on the premises at any one time during any 24-hour period.

c.

Public libraries, art galleries, museums and aquariums. One space shall be provided for each 800 square feet of gross floor area.

d.

School auditoriums. One parking space shall be provided for each eight seats.

e.

School gymnasiums, stadiums and grandstands. One parking space shall be provided for each eight seats.

(5)

Educational institutions, boarding. Parking spaces for educational institutions, boarding, shall be provided as follows:

a.

Colleges, junior colleges and universities. One parking space shall be provided for each six students, based upon the maximum number of students attending classes on the premises at any one time during any 24-hour period.

b.

Fraternities sororities and dormitories in conjunction with colleges, junior colleges and universities. One parking space shall be provided for each three active members or dormitory residents, plus one parking space for the manager.

c.

Gymnasiums, stadiums and grandstands. One parking space shall be provided for each eight seats.

d.

Nursery, elementary and high schools, boarding. One parking space shall be provided for each two employees.

e.

School auditoriums. One parking space shall be provided for each eight seats.

(6)

Health and medical institutions. Parking spaces for health and medical institutions shall be provided as follows:

a.

Institutions for care of aged and for children and sanitariums and convalescent, nursing and rest homes. One parking space shall be provided for each four beds, plus one parking space for each two employees other than staff doctors, plus one parking space for each doctor assigned to the staff.

b.

Hospitals. One parking space shall be provided for each two hospital beds, plus one parking space for each two employees other than staff doctors, plus one parking space for each doctor assigned to the staff.

(7)

Mobile home parks. One parking space shall be provided for each lot, and additional parking spaces shall be provided in amounts equalling one space for each three mobile homes for guest parking.

(8)

Philanthropic and eleemosynary uses. One parking space shall be provided for each two employees, plus spaces adequate in number, as determined by the building inspector, to serve the public.

(9)

Planned developments, residential. Parking spaces shall be provided on the basis of the required spaces for each individual use.

(10)

Public utility and service uses. One parking space shall be provided for each two employees, plus spaces adequate in number, as determined by the plan commission, to serve the public.

(11)

Recreational and social facilities. Parking spaces for recreational and social facilities shall be provided as follows:

a.

Athletic fields, golf courses, swimming pools and tennis courts. Parking spaces shall be provided in adequate number, as determined by the zoning administrator, to serve the public.

b.

Private clubs. One parking space shall be provided for each lodging room, plus parking spaces equal in number to 30 percent of the capacity in persons of such club.

c.

Recreational buildings and community centers, noncommercial. Parking spaces equal in number to 30 percent of the capacity in persons shall be provided.

(12)

Radio and television stations. One parking space shall be provided for each two employees.

(13)

Religious institutions. Parking spaces for religious institutions shall be provided as follows:

a.

Churches, chapels, temples and synagogues. One parking space shall be provided for each six seats.

b.

Convents, seminaries, monasteries, nunneries, rectories, parsonages, parish houses and religious retreats. Parking spaces shall be provided in adequate number, as determined by the zoning administrator, to serve persons employed or residing on the premises, as well as the visiting public.

(14)

Apartment hotels. One parking space shall be provided for each dwelling unit or lodging room.

(15)

Boardinghouses, lodginghouses and roominghouses. One parking space shall be provided for each three rooming units, plus one space for the owner or manager.

(16)

Clubs and lodges. One parking space shall be provided for each rooming unit, plus parking spaces equal in number to 30 percent of the capacity in persons of such club or lodge.

(Code 1999, § 13-1-124)

Off-street parking facilities for motor vehicles in business districts shall be provided in accordance with the following as well as section 14-776:

(1)

Utilization. Except as may otherwise be provided for the parking of trucks in the granting of conditional uses, required accessory off-street parking facilities provided for uses listed in this subdivision shall be solely for the parking of passenger automobiles of patrons, occupants or employees of such uses. However, the parking of trucks accessory to a permitted use, if limited to 1½-ton capacity and in an enclosed structure, is permitted.

(2)

Exemption. When the application of the off-street parking regulations specified in section 14-782 result in a requirement of not more than three spaces on a single zoning lot in any business district, such parking spaces need not be provided. However, where two or more uses are located on a single zoning lot, only one of these uses shall be eligible for this exemption. This exemption shall not apply to dwelling units.

(3)

Computation. When determination of the number of off-street parking spaces required by this subdivision results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space.

(4)

Collective use of facilities. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces, in relation to the use served, are adhered to. Further, no parking spaces or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the board of appeals.

(5)

Size. A required off-street parking space shall be at least eight feet six inches in width and at least 20 feet in length, exclusive of access drives or aisles, ramps, columns or office or work areas. Such space shall have a vertical clearance of at least six feet six inches and shall be measured at right angles to the axis of the vehicle. Aisles shall be not less than 24 feet wide for 90-degree parking, 18 feet wide for 60-degree parking, 13 feet wide for 45-degree parking (the angle shall be measured between the centerline of the parking space and the centerline of the aisle) and 12 feet wide for parallel parking. For parallel parking the length of the parking space shall be increased to 23 feet.

(6)

Access. Each required off-street parking space shall comply with the standards prescribed in section 34-77. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

(7)

Location in yards. Off-street parking spaces, open to the sky, may be located in any yard. Enclosed buildings and carports containing off-street parking shall be subject to applicable yard requirements.

(8)

Design and maintenance. Design and maintenance shall be as follows:

a.

Plan. Design of the parking lot or area shall be subject to the approval of the zoning administrator in accordance with standards approved by the plan commission.

b.

Character. Accessory parking spaces may be open to the sky or enclosed in a building.

c.

Surfacing. All open off-street parking areas, except a single parking space accessory to a single-family dwelling, shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds. Normally, a machine-laid two-inch black top on a four-inch base or five inches of Portland cement will meet this requirement.

d.

Screening and landscaping. All open automobile parking areas, containing more than four parking spaces, shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge not less than five feet nor more than eight feet in height.

e.

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three footcandles measured at the lot line.

(9)

Location. All parking spaces required to serve buildings or uses erected or established after December 1968 shall be located on the same zoning lot as the building or use served. Buildings or uses existing as of December 1968 which are subsequently altered or enlarged to require the provision of parking spaces under this subdivision may be served by parking facilities located on land other than the zoning lot on which the building or use served is located, provided such facilities are within 500 feet walking distance of a main entrance to the use served.

(10)

Employee parking. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.

(Code 1999, § 13-1-125)

In all business districts off-street parking facilities shall be provided in accordance with the following minimum requirements: Uses, as itemized as permitted or conditional uses in each specific district, shall provide one parking space for each 200 square feet of gross floor area in excess of 2,000 square feet, except as indicated for the following uses:

(1)

Single-family, two-family and multifamily dwellings. One parking space shall be provided for each dwelling.

(2)

Planned developments, business. Parking facilities shall be provided on the basis of the required spaces for each individual use.

(3)

Public utility and service uses. One parking space shall be provided for each two employees, plus spaces adequate in number, as determined by the plan commission, to serve the public.

(4)

Restaurants, taverns and bars. Parking spaces equal in number to 30 percent of the capacity in persons shall be provided.

(5)

Amusement establishments. Parking spaces for amusement establishments shall be provided as follows:

a.

Bowling alleys. Five parking spaces shall be provided for each alley, plus additional spaces, on the basis of one space for each 300 square feet of gross floor area, for affiliated uses, such as bars, restaurants and the like.

b.

Pool halls, dancehalls, swimming pools and skating rinks. Parking spaces equal in number to 30 percent of the capacity in persons shall be provided.

(6)

Automobile service stations. One parking space shall be provided for each two employees, plus one space for the owner or manager.

(7)

Clubs and lodges. One parking space shall be provided for each lodging room, plus parking spaces equal in number to 30 percent of the capacity in persons of such club or lodge.

(8)

Medical and dental clinics. Three parking spaces shall be provided for each staff and regularly visiting doctor.

(9)

Motor vehicle sales. Two parking spaces shall be provided for each employee.

(10)

Planned developments. Parking spaces shall be provided on the basis of the required spaces for each individual use.

(11)

Post offices. One parking space shall be provided for each two employees, plus one space for each 300 square feet of gross floor area in excess of 4,000 square feet.

(12)

Schools: commercial or trade and music, dance or business. One parking space shall be provided for each two employees, plus one space for each five students, based on the maximum number of students attending classes on the premises at any one time during any 24-hour period.

(13)

Theaters, indoor. One parking space shall be provided for each six seats up to 400 seats, plus one space for each four seats above 400.

(14)

Undertaking establishments and funeral parlors. One parking space shall be provided for each six seats, plus one space for each funeral vehicle maintained on the premises.

(15)

Integrated center. Parking spaces required for uses contained in an integrated center may be provided collectively. Such parking space shall be provided in the amount of at least three parking spaces for each 1,000 square feet of gross floor area in the center.

(16)

Amusement parks. Parking spaces shall be provided in adequate number, as determined by the plan commission, to serve persons employed as well as the visiting public.

(17)

Animal hospitals and kennels. Two parking spaces shall be provided for each employee.

(18)

Automobile laundries. One parking space shall be provided for each three employees, plus one space for the owner or manager and in addition reservoir parking spaces, equal in number to five times the maximum capacity of the automobile laundry, for automobiles awaiting entrance to the establishment shall be provided. The term "maximum capacity," as used in this subsection, shall mean the greatest number possible of automobiles undergoing some phase of laundering at the same time.

(19)

Cartage and express facilities. One parking space shall be provided for each vehicle maintained on the premises, plus one space for each two employees.

(20)

Contractor or construction offices, shops and yards. One parking space shall be provided for each employee.

(21)

Miscellaneous; two spaces required. For the following uses two parking spaces shall be provided for each employee:

a.

House trailer sales.

b.

Model homes and garage displays.

c.

Trailer sales and rental.

(22)

Miscellaneous; three spaces required. For the following uses one parking space shall be provided for each three employees:

a.

Laundries.

b.

Printing and publishing.

c.

Warehousing and wholesale establishments.

(23)

Hotels. One parking space shall be provided for each three rooms.

(24)

Laboratories, medical and dental. One parking space shall be provided for each two employees.

(25)

Motels. One parking space shall be provided for each unit, plus one space for the owner or manager.

(26)

Riding academies and commercial stables. One parking space shall be provided for each employee, plus spaces adequate in number, as determined by the plan commission, to serve the visiting public.

(27)

Stadiums, auditoriums and arenas. Parking spaces equal in number to 30 percent of the capacity in persons shall be provided.

(28)

Theaters, drive-in. Extra (reservoir) parking spaces equal in number to ten percent of the vehicle capacity of such theaters shall be provided.

(Code 1999, § 13-1-126; Ord. No. 1182B, § 1, 5-14-2008)

Off-street parking facilities for motor vehicles in industrial districts shall be provided in accordance with the following as well as in section 14-776:

(1)

Computation. When determination of the number of off-street parking spaces required by this subdivision results in a requirement of a fractional space, a fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space.

(2)

Collective use of facilities. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces, in relation to the use served, are adhered to. Further, no parking spaces or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the board of appeals.

(3)

Size. A required off-street parking space shall be at least eight feet six inches in width and at least 20 feet in length, exclusive of access drives or aisles, ramps, columns or office or work area. Such space shall have a vertical clearance of at least six feet six inches and shall be measured at right angles to the axis of the vehicle. Aisles shall be not less than 24 feet wide for 90-degree parking, 18 feet wide for 60-degree parking, 13 feet wide for 45-degree parking (the angle shall be measured between the centerline of the parking space and the centerline of the aisle) and 12 feet wide for parallel parking. For parallel parking, the length of the parking space shall be increased to 23 feet.

(4)

Access. Each required off-street parking space shall comply with the standards prescribed in section 34-77. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

(5)

Location in yards. Off-street parking spaces, open to the sky, may be located in any yard. Enclosed buildings and carports containing off-street parking shall be subject to applicable yard requirements.

(6)

Design and maintenance. Design and maintenance shall be as follows:

a.

Plan. Design of the parking lot or area shall be subject to the approval of the zoning administrator, in accordance with standards approved by the plan commission.

b.

Character. Accessory parking spaces may be open to the sky or enclosed in a building.

c.

Surfacing. All open off-street parking areas shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds. Normally, a machine-laid two-inch blacktop on a four-inch base or five inches of Portland cement will meet this requirement.

d.

Screening and landscaping. All open automobile parking areas containing more than four parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge, not less than five feet nor more than eight feet in height.

e.

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three footcandles at the lot line.

f.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with any open accessory parking facilities provided in an industrial district if such parking facilities are within 500 feet of a residence or business district. Washing of accessory vehicles and emergency service required to start vehicles shall be permitted.

(7)

Location. All parking spaces required to serve buildings or uses erected or established after the effective date of the ordinance from which this article is derived shall be located on the same zoning lot as the building or use served or within 500 feet thereof if located in an industrial district. Buildings or uses existing on the effective date of the ordinance from which this article is derived which are subsequently altered or enlarged to require the provision of parking spaces under this article may be served by parking facilities located on land other than the zoning lot on which the building or use served is located, provided such facilities are within 500 feet walking distance of a main entrance to the use served.

(Code 1999, § 13-1-127)

In industrial districts, off-street parking facilities shall be provided in accordance with the following minimum requirements:

(1)

Airports and commercial heliports. Parking spaces shall be provided in adequate number, as determined by the plan commission, to serve the public.

(2)

Automobile laundries. One parking space shall be provided for each three employees, plus one space for the owner or manager and in addition reservoir parking spaces, equal in number to five times the maximum capacity of the automobile laundry, for automobiles awaiting entrance to the automobile laundry shall be provided. Maximum capacity, in this subsection, shall mean the greatest number possible of automobiles undergoing some phase of laundering at the same time.

(3)

Building material sales and storage. One parking space shall be provided for each two employees, plus one space for each 300 square feet of gross floor area in excess of 4,000 square feet.

(4)

Cartage and express facilities. One parking space shall be provided for each vehicle maintained on the premises, plus one space for each two employees.

(5)

Dwellings for watchmen and their families. One parking space shall be provided for each dwelling unit.

(6)

Miscellaneous; one-space requirement. For the following uses one parking space shall be provided for each two employees:

a.

Recreation buildings or community centers.

b.

Restaurants.

c.

Stadiums, auditoriums or arenas.

(7)

Miscellaneous; one space for certain square footage. For the following uses one parking space shall be provided for each 200 square feet of gross floor area in excess of 2,000 square feet:

a.

Fuel and ice sales.

b.

Garages for storage, repair and servicing of motor vehicles.

c.

Offices of labor organizations.

d.

Temporary buildings for construction purposes.

(8)

Heliports, private. Parking spaces, if any, shall be provided as determined by the plan commission.

(9)

Institutions for the care or treatment of alcoholics, drug addict patients or the mentally disturbed. One parking space shall be provided for each four beds, plus one parking space for each two employees other than staff doctors, plus one parking space for each doctor assigned to the staff.

(10)

Lodges of labor organizations. One parking space shall be provided for each lodging room, plus parking spaces equal in number to 30 percent of the capacity in persons of such lodge.

(11)

Medical and dental clinics. Three parking spaces shall be provided for each staff or visiting doctor.

(12)

Planned developments, industrial. Parking spaces shall be provided on the basis of the required spaces for each individual use.

(13)

Theaters, automobile drive-in. Extra (reservoir) parking spaces equal in number to ten percent of the vehicle capacity of such theaters shall be provided.

(14)

Employee parking. Parking spaces required on an employee basis for the following uses shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time:

a.

Air, railroad and water freight terminals; railroad switching and classification yards; repair shops; and roundhouses.

b.

Contractors', architects' and engineers' offices, shops and yards.

c.

Electronic and scientific precision instruments.

d.

Greenhouses, wholesale.

e.

Laboratories, research and testing.

f.

Radio and television stations.

g.

Sewage treatment plants, municipal.

h.

Weighing stations.

(15)

Miscellaneous; one space plus extra spaces. For the following uses one parking space shall be provided for each two employees, plus spaces adequate in number, as determined by the plan commission, to serve the visiting public:

a.

Penal and correctional institutions.

b.

Public utility and service uses.

(16)

One space for each three employees. For the following uses one parking space shall be provided for each three employees:

a.

Any manufacture, production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products.

b.

Laundries.

c.

Lithographing.

d.

Printing.

e.

Publishing.

(17)

Miscellaneous. For uses not listed under this section, parking spaces equal in number to 30 percent of the capacity in persons shall be provided.

(Code 1999, § 13-1-128)

(a)

Handicapped parking requirements. In addition to any other requirements relating to parking spaces contained in this Code, the provisions contained in Wis. Stats. §§ 101.13, 346.503 and 346.56 and any Wisconsin Administrative Code sections adopted pursuant thereto are adopted by reference and made applicable to all parking facilities whenever constructed. In case of conflict, the most restrictive provision shall be applicable.

(b)

ADA requirements for parking spaces. ADA requirements for parking spaces are as follows:

(1)

Accessible parking space requirements. Accessible parking space requirements are as follows:

a.

In any self-park facility, a certain number of spaces must be set aside for wheelchair access as summarized in the following table:

b.

Exceptions are as follows:

1.

Outpatient units at medical care facilities, ten percent of total spaces for that facility.

2.

Medical care facilities specifically for the treatment of the mobility impaired, 20 percent of the total spaces for that unit.

(2)

Accessible parking space dimensions. Accessible parking space dimensions shall be as follows:

a.

Standard accessible spaces. Accessible spaces shall consist of a 16-foot-wide parking stall adjacent to an eight-foot-wide access aisle.

b.

Vertical clearance. Along at least one aisle to and from each accessible space, a minimum clearance of 98 inches is required.

(3)

Location of accessible spaces. The location of accessible spaces shall be as follows:

a.

Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel to an accessible entrance.

b.

Accessible parking spaces need not be provided in each parking structure, provided the different location has equivalent or greater accessibility in terms of distance from an accessible entrance.

(4)

Accessible route. Accessible routes shall be provided as follows:

a.

At least one accessible route with a continuous minimum clearance of 36 inches must be provided from accessible parking spaces to the nearest accessible pedestrian entrance.

b.

If an accessible route has less than 60 inches clear width, passing spaces at least 60 inches by 60 inches must be located at reasonable intervals not to exceed every 200 feet.

c.

The floor slope along an accessible route shall not exceed one in 12 with a maximum rise of 30 inches for any run.

d.

A level landing shall be provided at the bottom of each ramp and top of each ramp run. The width of the landing shall be at least as wide as the ramp run and at least 50 inches long. At changes in direction a 60-inch by 60-inch landing shall be provided.

e.

The cross slope of ramps shall not exceed one in 50.

f.

The floor slope at loading zones shall not exceed one in 50.

g.

It is preferable to provide the accessible route at the front of the stalls. Also, the accessible route shall avoid crossing lanes of vehicular travel. When crossing vehicular travel lanes is necessary, the route of travel shall be designated and marked by a crosswalk.

(Code 1999, § 13-1-129)

(a)

Limitations. No direct private access shall be permitted to the existing or proposed rights-of-way of expressways nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction. No direct public or private access shall be permitted to the existing or proposed rights-of-way of freeways, interstate highways and their interchanges or turning lanes nor to intersecting or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes, such as exit and entrance ramps. No driveway openings shall be permitted within 100 feet of the intersection of an arterial street right-of-way line.

(b)

Access barriers. Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the streets or highways specified in subsection (a) of this section.

(c)

Temporary access. Temporary access to the rights-of-way specified in subsection (a) of this section may be granted by the zoning administrator after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.

(Code 1999, § 13-1-130)

The purpose of this subdivision is to establish minimum standards to safeguard life and property and promote public welfare and community aesthetics by regulating the appearance, construction, location and maintenance of all signs, awnings, canopies and billboards. The sections contained in this subdivision shall be binding alike upon every owner of a building, every lessee and every person in charge or responsible for or who causes the construction, repair, relocation or alteration of any outdoor sign and other advertising structures in the city; painting, posting and general maintenance are excepted.

(Code 1999, § 13-1-140)

The following definitions are used in this subdivision:

Area of sign means the perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the sign may be placed unless they are designed as part of the sign. If the sign consists of more than one section or module, all areas will be totaled. The area of an irregularly shaped sign shall be computed using the actual sign face surface. The area of the irregularly shaped sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight straight lines.

Awning means a temporary hood or cover which projects from the wall of the building, which can be retracted, folded or collapsed against the face of a supporting structure.

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

Blanketing means the unreasonable obstruction of view of a sign caused by the placement of another sign.

Canopy means a shelter, with or without a sign, attached to or connected with a building and extending into a setback or over the public sidewalk.

Day means a period of time in terms of calendar days.

Directly illuminated sign means any sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within or on such sign.

Directory sign means any sign on which the names and locations of occupants or the use of a building is given. This includes offices and church directories. Directory signs shall be encouraged for use with advertising of multiple-occupied commercial and industrial buildings.

Electronic message unit sign means any sign whose message may be changed by electronic process, including such messages as copy, art, graphics, time, date, temperature, weather or information concerning civic, charitable or the advertising of products or services for sale on the premises. This also includes traveling or segmented message displays.

Flashing sign means any directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.

Freestanding (ground and/or pole sign) means any sign which is supported by structures or supports in or upon the ground and independent of support from any building.

Identification sign means any sign which carries only the name of the firm, major enterprise, institution or principal products offered for sale on the premises or combination of these.

Indirectly illuminated sign means a sign that is illuminated from a source outside of the actual sign.

Marquee sign means any sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against weather.

Nonconforming sign means any sign which does not conform to the regulations of this subdivision.

Off-premises sign means any sign, device or display which advertises goods other than that commonly available or services other than that commonly performed on the premises on which the sign is located.

Political sign means any sign displaying a candidate for an election, a current referendum or election subject matter.

Portable sign and message board mean any sign not permanently attached to the ground which is designed to be easily moved from one location to another. A sandwich-style portable sign is a sign not permanently attached to the ground, meant to be temporarily placed outside, not exceeding four feet by four feet on each side.

Projecting sign means any sign extending more than 18 inches, but less than four feet from the face of a wall or building; such sign may not extend more than three feet into the right-of-way.

Real estate sign means any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

Roof sign means any sign erected upon or over the roof or parapet of any building.

Sign includes anything that promotes, calls attention or invites patronage or anything similar to a business, location or product.

Temporary sign means any sign which is erected or displayed for a limited period of time not to exceed 28 consecutive days or which is displayed only during regular business hours and removed for storage at other times. A temporary sign shall not exceed eight square feet in area. Examples of temporary signs include banners and decorative-type displays. For purposes of this subdivision, a portable sign is not a temporary sign.

Wall sign means any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than 16 inches from such wall.

Window sign means any sign located completely within an enclosed building and visible from a public way.

(Code 1999, § 13-1-141)

Cross reference— Definitions generally, § 1-2.

(a)

Application. Except those specified in section 14-819, no signs, billboards, awnings or canopies shall be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with this subdivision. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the city. Signs shall not be erected or altered until a permit has been issued by the zoning administrator. As used in this subsection, the term "altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance.

(b)

Required information. The application for a sign permit shall be made in writing upon forms furnished by the zoning administrator which contains the following information about the sign: dimensions, including display surface; materials, illumination; wiring; height above grade; distance from lot lines; and the person erecting or altering the sign. A permit is not required for a copy change when no change in business name is involved.

(c)

Permit fees. A permit fee shall be paid to the zoning administrator as prescribed in section 1-22 for each sign permit issued under this subdivision; provided, however, that a fee shall not be charged for putting an existing sign in conformity with this subdivision or for a copy change when no change in business name is involved.

(d)

Insurance. Any person engaged in the business of erecting, repairing, maintaining or relocating any sign shall maintain in effect at all times a policy of liability insurance with limits of $1,000,000.00 for bodily injury and $1,000,000.00 aggregate and $1,000,000.00 property damage. Proof of insurance shall be presented to the zoning administrator before the sign permit is granted.

(e)

Inspection. The applicant shall, upon completion of the installation, relocation or alteration of the sign, notify the zoning administrator who will ensure the sign complies with this subdivision. Every sign shall be inspected and approved by the zoning administrator within 30 days after it is erected or altered.

(f)

Appeals. The zoning administrator may, at any time for a violation of this subdivision, revoke a permit or require changes so the sign conforms with this subdivision. The holder of a revoked permit shall be entitled to an appeal before the zoning board of appeals. Any person aggrieved by any permit denial or decision by the zoning administrator relative to this subdivision may appeal and seek review of such decision to the zoning board of appeals.

(Code 1999, § 13-1-142)

The following signs do not require a sign permit, provided that they are not located over a public road right-of-way or in, on or over public water, unless specifically excepted:

(1)

Commercial, industrial and planned unit development (commercial/industrial) districts. Signs not requiring a permit in the commercial, industrial and planned unit development (commercial/industrial) districts are as follows:

a.

Real estate signs, not to exceed eight square feet in area which advertise the sale, rental or lease of the premises upon which such signs are temporarily located.

b.

Name, occupation and warning signs, not to exceed four square feet located on the premises.

c.

Sandwich-style portable signs used only for the purpose of identification of a business and advertising the products for sale therein. A portable sandwich-style sign shall not exceed 16 square feet in gross area per side, may be placed at the right-of-way line of the street and shall only be placed in the sidewalk/terrace area directly in front of the business premises in a manner not to unreasonably obstruct pedestrian or vehicular traffic. Such signs shall be removed at the end of each business day.

d.

Memorial signs, tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against the structure.

e.

Official signs, such as traffic control, parking restriction, information and notices.

f.

Rummage or garage sale signs not to exceed four square feet in area, but use of this type of sign shall be limited to 72 hours per sale. Such signs shall not be attached to traffic control signs or utility poles. Such signs shall be removed within 24 hours after the end of such sale. Property owners shall be billed under Wis. Stats. § 66.0627 if city personnel must remove such signs.

g.

Signs designating entrances, exits, service areas, parking areas, restrooms and other such signs relating to the functional operation of the building or premises shall be permitted without limitation other than reasonable size and necessity.

h.

Signs not exceeding two square feet in area and bearing only property numbers, post office box numbers or names of occupants of the premises.

i.

Flags and insignia of any government, except when displayed in connection with commercial promotion.

j.

Legal notices; identification, information or directional signs erected by governmental bodies.

k.

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

l.

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

(2)

Residential and conservancy districts, including agricultural uses. Signs not requiring a permit in residential and conservancy districts, including agricultural uses, are as follows:

a.

Real estate signs not to exceed eight square feet in area which advertise the sale, rental or lease of the premises upon which such signs are temporarily located.

b.

Nameplate signs not to exceed two square feet located on the premises.

c.

Memorial signs, tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

d.

Official signs, such as traffic control, parking restrictions, information and notices.

e.

House numbers, when installed in accordance with section 34-1.

(Code 1999, § 13-1-143; Ord. No. 1045B, § 1(13-1-143), 3-14-2001; Ord. No. 1190B, §§ 1, 2, 9-10-2008)

(a)

General requirements. Any of the following sign types costing less than the threshold amount of $1,000.00 where building permits are required are exempt from permitting. If the cost is more than the threshold amount of $1,000.00, a permit is required. When a permit is not required because cost fails to meet the threshold amount, all other requirements set forth in this subdivision shall still be complied with. The cost of a sign includes installation costs. The following is a list of sign types requiring permits:

(1)

Directory signs not on a state or federal highway advertising a business or activity conducted, an area of interest or a service available at a specific location. There shall be not more than two such signs relating to any one such use in the approaching direction along any one street. Such signs may be placed at the right-of-way line of the street. A larger number of signs may be permitted by the zoning board of appeals.

(2)

Signs located off premises on a state or federal highway advertising a general brand or product, an area of interest, a business conducted or a service available. Such signs may be placed at the right-of-way line of the street or set back from the right-of-way as required by the state department of transportation. Such signs need permits from the state department of transportation in addition to city permits. The maximum size of this sign type would be 100 square feet.

(3)

Signs on the premises of commercial and industrial buildings advertising a business conducted or a service available on the premises. No sign shall be higher than four feet above any roofline or exceed the maximum height limitation of the district in which it is located.

(4)

On-premises bulletin-board-type signs for public, charitable or religious institutions; signs identifying parks, country clubs, other exclusive club facilities and official bulletin boards for public or semipublic facilities. Such signs shall not exceed 32 square feet in total area, and there shall be no more than one sign for each street upon which the property faces.

(5)

Any of the signs listed in subsections (a)(1) through (4) of this section on the premises of an allowable conditional use in any residential, commercial or conservancy district.

(6)

Signs incorporated into either permanent or retractable awnings. This type of sign may be located in any commercial district, but still must comply with allowable square feet of total signage in that district. No awning signage is allowed in residential districts except on the premises of an allowable conditional use.

(b)

Lighting. Business and industrial signs may be internally lighted or illuminated by a sign-mounted hooded reflector or ground-mounted lighting fixture; provided, however, that such lighting shall be arranged to prevent glare and nuisance. No sign shall be lighted by an intermittent or varying intensity source. Animated signs or signs having moving parts or signs which may be mistaken for traffic signal devices or which diminish the visibility or effectiveness of traffic signal devices are prohibited.

(c)

Signs causing obstruction prohibited. Any sign erected, constructed or maintained to obstruct or be attached to any fire escape, window, door or opening used as means of ingress or egress or for firefighting purposes or placed to interfere with any opening required for legal ventilation is prohibited.

(d)

Signs at intersection prohibited. No sign or advertising device shall be erected or maintained at the intersection of streets in such a manner to obstruct clear vision of the intersection.

(e)

Canopy signs restricted. Signs shall be permitted to hang from canopies or covered walks in business or industrial districts, provided that there shall be only one sign, not to exceed five square feet in total area, for each business. Signs shall be at least nine feet from the bottom of the sign to ground level.

(f)

Clocks. Clocks attached to buildings shall project not more than six feet from the face of such building and shall not extend below any point ten feet above the sidewalk, street or alley.

(g)

Size, height, projection and setback of signs in various zoning districts. The size, height, projection and setback of signs in various zoning districts is as follows:

(1)

Residential and conservancy districts. For signs in residential and conservancy districts, see section 14-821.

(2)

B-1 neighborhood shopping district.

a.

General application. Signs in the B-1 neighborhood shopping district are subject to the following:

1.

Area. The gross area in square feet of all nonilluminated signs on a zoning lot shall not exceed three times the linear feet of frontage of such zoning lot. For illuminated signs the total square footage area shall not exceed 1½ times the linear front footage of such zoning lot.

2.

Projection. No sign shall project into the public way.

3.

Height. No sign shall project higher than 30 feet above ground level except as may be provided by conditional use.

b.

Integrated centers. For integrated centers in single ownership or under unified control or individual uses with a minimum frontage of 150 feet, one additional sign on each street frontage shall be permitted subject to the following:

1.

Content. Such sign shall advertise only the name and location of such center or individual use and the name and type of business of each occupant of the center.

2.

Area. The gross area in square feet of the additional sign on a zoning lot shall not exceed two times the linear feet of frontage of such zoning lot. However, the gross surface area of such additional sign, if illuminated, shall not exceed the linear feet of frontage of the lot.

3.

Setback. Such sign shall be set back a minimum of 15 feet from the front lot line of such center or individual use, except as may be provided by conditional use.

4.

Height. No sign shall project higher than 30 feet above ground level, except as may be provided by conditional use.

(3)

B-2 community service district.

a.

General application. In the B-2 community service district, signs are subject to the following:

1.

Area. The gross area in square feet of all signs on a zoning lot shall not exceed five times the linear feet of frontage of such zoning lot.

2.

Projection. No sign shall project more than 18 inches into the public way.

3.

Height. No sign shall project higher than 50 feet above ground level, except as may be provided by conditional use.

b.

Integrated centers. For integrated centers in single ownership or under unified control or individual uses with a minimum frontage of 150 feet, one additional sign on each street frontage, other than those regulated in this subsection, shall be permitted subject to the following:

1.

Content. Such sign shall advertise only the name and location of such center or individual use and the name and type of business of each occupant of the center.

2.

Area. The gross area in square feet of the additional sign on a zoning lot shall not exceed three times the linear feet frontage of such zoning lot.

3.

Setback. Such sign shall be set back a minimum of 15 feet from the front lot line of such center or individual use, except as may be allowed by conditional use.

4.

Height. No sign shall project higher than 50 feet above ground level and shall be at least nine feet above the sidewalk for clearance, except as may be provided by conditional use.

(4)

B-3 general commercial district. Subsection (g)(3) of this section applying to B-2 districts applies to the B-3 district.

(5)

B-4 central business district. Signs in the B-4 district are subject to the following:

a.

Area. The gross area in square feet of all signs on a zoning lot shall not exceed four times the linear feet of frontage of such zoning lot.

b.

Content. Signs shall bear thereon no lettering other than to indicate the name and kind of business conducted in the building or structure, such as men's clothing, drugs, jeweler and the like; the year the business was established; and the street number thereof. No sign shall advertise any particular article of merchandise.

c.

Projection. No sign shall project more than six feet from the face of the wall of any building.

d.

Height. No sign shall project higher than 50 feet above ground level, except as may be provided by conditional use.

(6)

I-1 limited industrial district.

a.

General application. In the I-1 district, business signs and advertising devices are permitted subject to the following:

1.

Area. The gross area in square feet of all signs on a zoning lot shall not exceed four times the linear feet of frontage of such zoning lot.

2.

Setback. All signs shall be set back a minimum of ten feet from the front lot line.

3.

Height. No sign shall project higher than 50 feet above ground level, except as may be allowed by conditional use permit.

b.

Industrial parks. For industrial parks, one additional sign on each street frontage, other than those regulated in subsection (g)(6)a of this section, shall be permitted, subject to the following:

1.

Content. Such sign shall advertise only the name and location of such industrial park and the name and type of business of each occupant of the park.

2.

Area. The gross area in square feet of the additional sign on a zoning lot shall not exceed two times the linear feet of frontage of such zoning lot.

3.

Setback. Such sign shall be set back a minimum of 15 feet from the front lot line of such industrial park.

4.

Height. No sign shall project higher than 50 feet above ground level, except as may be allowed by conditional use permit.

(7)

I-2 general industrial district.

a.

General application. In the I-2 district, business signs and advertising devices are permitted, subject to the following conditions:

1.

Area. The gross area in square feet of all signs on a zoning lot shall not exceed six times the linear feet of frontage of such zoning lot.

2.

Projection. No sign shall project into the public way.

3.

Height. No sign shall project higher than 50 feet above ground level, except as may be allowed by conditional use permit.

b.

Industrial park. For industrial parks, one additional sign on each street frontage, other than those regulated in subsection (g)(7)a of this section, shall be permitted, subject to the following:

1.

Content. Such sign shall advertise only the name and location of such industrial park and the name and type of business of each occupant of the park.

2.

Area. The gross area in square feet of the additional sign on a zoning lot shall not exceed three times the linear feet of frontage of such zoning lot.

3.

Setback. Such sign shall be set back a minimum of ten feet from the front lot line of such industrial park.

4.

Height. No sign shall project higher than 50 feet above ground level, except as may be allowed by a conditional use permit.

(Code 1999, § 13-1-144; Ord. No. 1045B, § 1(13-1-144), 3-14-2001)

This section applies to signs in residential and conservancy districts, including agricultural signage. In addition to those permitted signs not requiring a permit pursuant to section 14-819(2) and those types authorized by section 14-820, the following nonflashing, nonilluminated signs are permitted under the conditions specified in all residential, planned unit developments (residential) and conservancy districts established by this article:

(1)

Nameplate and identification signs. Nameplate and identification signs are subject to the following:

a.

Area and content. Area and content shall be as follows:

1.

Residential. There shall be not more than one nameplate, not exceeding two square feet in area, for each dwelling unit, indicating the name or address of the occupant. On a corner lot, two such nameplates for each dwelling unit (one facing each street) shall be permitted.

2.

Nonresidential. For agricultural or conservancy buildings, a single identification sign, not exceeding nine square feet in area and indicating only the name and address of the building, may be displayed. On a corner lot, two such signs (one facing each street) shall be permitted.

b.

Projection. Such signs shall be affixed flat against the wall of the building.

c.

Height. No sign shall project higher than one story or 15 feet above ground level, whichever is lower.

(2)

For sale and for rent signs. For sale and for rent signs are subject to the following:

a.

Area and number. There shall be not more than one sign per zoning lot, except that on a corner lot two signs (one facing each street) shall be permitted. No sign shall exceed eight square feet in area nor be closer than eight feet to any other zoning lot.

b.

Height. No sign shall project higher than one story or 15 feet above ground level, whichever is lower, when attached to a building. Detached or freestanding signs shall not be more than seven feet in height, measured from ground level to the top of the signpost.

(3)

Signs accessory to parking areas. Signs accessory to parking areas are subject to the following:

a.

Area and number. Signs designating parking area entrances or exits are limited to one sign for each such exit or entrance and to a maximum size of two square feet each. One sign per parking area, designating the conditions of use or identity of such parking area and limited to a maximum size of nine square feet, shall be permitted. On a corner lot, two such signs (one facing each street) shall be permitted.

b.

Projection. No sign shall project beyond the property line into the public way.

c.

Height. No sign shall project higher than seven feet above ground level.

(4)

Signs accessory to roadside stands. Signs accessory to roadside stands are subject to the following:

a.

Content. The signs shall be only for the purpose of identification of the roadside stand and advertising the agricultural products for sale therein.

b.

Area and number. The signs shall be on the same zoning lot (either zoned residential allowing agricultural uses or with a conditional use permit) as the roadside stand, and there shall be not more than two signs per lot. No sign shall exceed 12 square feet in area nor be closer than 50 feet from any other zoning lot.

c.

Projection. No sign shall project beyond the property line into the public way.

d.

Height. No sign shall project higher than 15 feet above ground level.

e.

Permit. A sign permit is required for this type of sign.

(5)

Temporary signs accessory to subdivision developments or other permitted improvements in residential districts. Temporary signs accessory to subdivision developments or other permitted improvements in residential districts are subject to the following:

a.

Content. The signs shall be only for the purpose of identification of homes or lots for sale or rent in the subdivision under construction or for the identification of other nonresidential uses under construction.

b.

Area, number and setback. Such signs shall not exceed two in number for each subdivision nor 32 square feet each in area. They shall observe the front yard requirement of the principal use and shall be located at least 50 feet from all other boundaries of the site.

c.

Height. No sign shall project higher than 15 feet above ground level.

d.

Time limitations. The signs shall be removed by the applicant or property owner within two years of the date of the issuance of a sign permit.

e.

Permit. A sign permit is required for this type of sign.

(6)

Subdivision identification signs. Subdivision identification signs are subject to the following:

a.

Content. The signs shall bear only the name of the subdivision or development.

b.

Area and number. There shall be not more than one sign located at each entrance to a subdivision. No sign shall exceed 24 square feet in area.

c.

Height. No sign shall project higher than 15 feet above ground level; the common council may, however, temporarily authorize a larger sign for a period not to exceed two years.

d.

Permit. A sign permit is required for this type of sign. Drawings showing the specific design, appearance and location of the sign shall be submitted to the zoning administrator for approval. The location of any such sign shall be at the discretion of the zoning administrator based upon the character of the area, the type and purpose of the sign and the length of time permitted.

(7)

Nonflashing, illuminated church bulletins. Nonflashing, illuminated church bulletins are subject to the following:

a.

Area and number. There shall be not more than one sign per lot, except that on a corner lot, two signs (one facing each street) shall be permitted. No sign shall exceed 16 square feet in area nor be closer than eight feet from any other zoning lot.

b.

Projection. No sign shall project beyond the property line into the public way.

c.

Height. No sign shall project higher than eight feet above ground level, except where the zoning board of appeals allows a variance.

d.

Permit. A sign permit is required for this type of sign. Drawings showing the specific design, appearance and location of the sign shall be submitted to the zoning administrator for approval. The location of any such sign shall be at the discretion of the zoning administrator based upon the character of the area, the type and purpose of the sign and the length of time permitted.

(Code 1999, § 13-1-145; Ord. No. 1045B, § 1(13-1-145), 3-14-2001)

Landscape features, such as plant materials, berms, boulders, fencing and similar design elements, unincorporated or in conjunction with the freestanding signs are encouraged and shall not be counted as allowable sign area.

(Code 1999, § 13-1-146; Ord. No. 1045B, § 1(13-1-146), 3-14-2001)

(a)

Traffic interference. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs or devices. Signs, canopies and awnings shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices or the safe flow of traffic. No sign shall be erected, relocated or maintained to prevent free ingress to or egress from any door, window or fire escape. No sign, awning or canopy shall be placed to obstruct or interfere with traffic visibility.

(b)

Moving or flashing signs. No sign shall be erected which has any flashing, rotating or brilliant intermittent parts, lights or bare reflecting-type bulbs, except those giving public service information such as time, date, temperature, weather or similar information. No signs, billboards or other advertising media which create a hazard or dangerous distraction to vehicular traffic or a nuisance to adjoining residential property shall be permitted in any district.

(c)

Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way, except for municipal traffic control, parking and directional signs and as otherwise specified in this subdivision, or be located within five feet of a property line.

(d)

Distance between freestanding signs. The distance between freestanding signs shall be a minimum of 75 feet throughout the city street frontage in order to prevent congestion and maintain traffic visibility.

(Code 1999, § 13-1-147; Ord. No. 1045B, § 1(13-1-147), 3-14-2001)

(a)

Removal. All signs shall be removed by the owner or lessee of the premises upon which the sign is located when a business which it advertises has not been conducted for a period of 30 days or when, in the judgment of the zoning administrator, such sign is so old or dilapidated or has become so out of repair as to be dangerous or unsafe, whichever occurs first. If the owner or lessee fails to remove it, the zoning administrator, common council or a designee may remove the sign at cost of the owner, following adequate written notice. The owner may appeal the decision of the zoning administrator, common council or designee to the board of appeals.

(b)

Alterations. For signs erected before the adoption of the ordinance from which this subdivision is derived, such signs shall be rebuilt or relocated to conform to this subdivision if the cost of reconstruction or relocation is 50 percent or more of its replacement value.

(c)

Violations. All signs constructed or maintained in violation of any of the sections of this subdivision are declared public nuisances within the meaning of this Code. In addition to penalty in this subsection and section 14-78 for violations of this article, the zoning administrator, common council or designee may bring an action to abate the nuisance in the manner set forth in statute.

(Code 1999, § 13-1-148)

Variances or exceptions to this subdivision may be granted by the board of appeals pursuant to the standards of section 14-139.

(Code 1999, § 13-1-149)

(a)

Installation. All signs shall be properly secured, supported and braced and shall be kept in reasonable structural condition and shall be kept clean and well painted at all times. Bolts or screws shall not be fastened to window frames. Every sign and its framework, braces, anchors and other supports shall be constructed of such material and with such workmanship as to be safe and satisfactory to the zoning administrator.

(b)

Construction standards. All signs, except flat signs and those signs weighing less than ten pounds, shall be designed, fastened and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed, attached, fastened or anchored to adequately support the dead load and any anticipated live loads (e.g., ice, snow) of the sign.

(c)

Illuminated signs. Illuminated signs shall not interfere with surrounding properties or traffic.

(d)

Prohibited mounting. No signs shall be painted on, attached to or affixed to any trees, rocks, or other similar organic or inorganic natural matter, including utility poles or apparatus.

(e)

Blanketing. Blanketing of signs shall not be allowed.

(f)

Maintenance. All signs, including supports and attachments, shall be properly maintained and shall have an appearance that is neat and clean. All signs shall be kept in good structural condition, well painted, and clean at all times, and the immediate premises shall be maintained in a clean, sanitary and inoffensive condition and kept free and clear of all obnoxious substances, rubbish and weeds.

(g)

Annexed areas. All signs in newly annexed areas shall comply with this subdivision within five years of annexation.

(Code 1999, § 13-1-150)

(a)

Searchlights. The zoning administrator may permit the temporary use of a searchlight for advertising purposes in any district, provided that the searchlight will not be located in any public right-of-way, will not be located closer than ten feet to an adjacent property and will not cause a hazard to traffic or adjoining properties. Searchlight permits shall not be granted for a period of more than five days in any six-month period.

(b)

Electronic message unit signs. Electronic message unit signs shall be subject to the following:

(1)

Such signs may be used only to advertise activities conducted on the premises or to present public service information.

(2)

Segmented messages must be displayed for not less than five seconds and not more than ten seconds.

(3)

Traveling messages may travel no slower than 16 light columns per second and no faster than 32 columns per second.

(c)

Portable signs and message boards. Portable signs and message boards shall be subject to the following:

(1)

Such signs shall be limited in use to 30 days at a time following approval by the zoning administrator. However, the zoning administrator shall not give approval for placement of a portable sign/message board if it presents a vision obstruction, and it shall not be displayed more frequently than three times per year at any one location.

(2)

The maximum size shall be 35 square feet on each face, back to back.

(3)

Sandwich-style portable signs shall comply with the requirements of section 14-819(1)c.

(Code 1999, § 13-1-151)

(a)

Signs eligible for characterization as legal nonconforming. Any sign located within the city limits on the date of adoption of the ordinance from which this subdivision is derived which does not conform with this subdivision is eligible for characterization as a legal nonconforming sign and is permitted, providing it meets the following requirements:

(1)

The sign was covered by a proper sign permit prior to the date of adoption of the ordinance from which this subdivision is derived.

(2)

If no permit was required under the applicable law for the sign in question and the sign was, in all respects, in compliance with applicable law on the date of adoption of the ordinance from which this subdivision is derived.

(b)

Loss of legal nonconforming status. A sign loses its nonconforming status if one or more of the following occurs:

(1)

If such sign is damaged by fire, flood, explosion, earthquake, war, riot or act of God; or structurally altered in any way, except for normal maintenance and repair, the sign may be reconstructed and used as before if it is reconstructed within three months after such calamity, unless the damage to the sign is 50 percent or more of its replacement value, in which case, the constructed sign shall comply with this subdivision.

(2)

The sign is relocated.

(3)

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

(4)

On the date of occurrence of any of the events in subsections (b)(1) through (3) of this section, the sign shall be immediately brought in compliance with this subdivision with a new permit secured therefor or shall be removed.

(c)

Legal nonconforming sign maintenance and repair. Nothing in this subdivision shall relieve the owner of use of a legal nonconforming sign or the owner of the property in which the sign is located from the sections of this subdivision regarding safety, maintenance and repair of signs.

(Code 1999, § 13-1-152)

(a)

Permitted awnings. No awnings shall be erected or maintained, except such awnings as comply with the following requirements, and then only if the permit required is first obtained and the awnings conform to the regulations of the zoning district in which the awnings are to be located:

(1)

Support. Awnings shall be securely attached to and supported by the building and shall be without posts or columns beyond the setback line.

(2)

Height. All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet above the level of the public sidewalk or public thoroughfare.

(3)

Setback from curbline. No awning shall extend beyond a point four feet into the right-of-way.

(4)

Advertising. No advertising shall be placed on any awning, except that the name of the establishment within the building to which the awning is attached may be painted or otherwise permanently placed in a space not exceeding eight inches in height on the front and side edges.

(5)

Insurance requirements. Every applicant for a permit for an awning which will overhang the public street or sidewalk shall, before the permit is granted, file with the clerk-treasurer a liability insurance policy with minimum limits of $1,000.000.00 for personal injury to any person and $1,000,000.00 for property damage, which shall indemnify and save harmless the city from any and all damages, judgments, costs or expense which the city may incur or suffer by reason of the granting of such permit.

(b)

Permitted canopies. No canopies shall be erected or maintained, except such canopies as comply with the following requirements, and then only if the permit required is first obtained and the canopies conform to the regulations of the zoning district in which the canopies are to be located:

(1)

Support. The structural support of all canopies shall be designed by a licensed professional engineer and approved by the building inspector as in compliance with article VI of this chapter. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in section 14-826. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.

(2)

Height above sidewalk. All canopies shall be constructed and erected so that the lowest portion thereof shall not be less than eight feet above the level of the sidewalk or public thoroughfare.

(3)

Setback from curb. No canopy shall extend beyond a point four feet from the face of a wall or building.

(4)

Advertising. No advertising shall be placed on any canopy, except that the name of the establishment may be painted or placed in a space not exceeding 24 inches in average height on the front and side edges. Such name may be so painted or placed irrespective of any prohibition otherwise applicable under this subdivision. However, if such canopy shall contain more or other than the name of the establishment in letters more than eight inches high on the front and side edges, it shall be considered as a sign and shall be subject to all the sections of this subdivision.

(5)

Insurance requirements. Every applicant for a permit for a canopy which will overhang the public street or sidewalk shall, before the permit is granted, file with the clerk-treasurer a liability insurance policy with minimum limits of $1,000,000.00 for personal injury to any person and $1,000,000.00 for any one accident and $1,000,000.00 for property damage, which shall indemnify and save harmless the city from any and all damages, judgments, costs or expenses which the city may incur or suffer by reason of the granting of such permit.

(Code 1999, § 13-1-153)

(a)

Any person who begins, erects or completes the erection or construction of any sign, awning or canopy controlled by this subdivision prior to the granting of a sign permit shall pay a penalty double the amount of the permit otherwise required.

(b)

If the zoning administrator finds any sign, awning or canopy regulated in this subdivision is unsafe or insecure or is a menace to the public, he/she shall give written notice to the sign owner and to the property owner. If such sign, awning or canopy owner fails to remove or alter the sign, awning or canopy to comply with the standards set forth in this subdivision within five days after such notice, the zoning administrator may cause such sign, awning or canopy to be removed or altered at the expense of the owner of the sign, awning or canopy or the owner of the property upon which it is located to comply with this subdivision.

(c)

Any person who violates any section of this subdivision shall, in addition, be subject to the penalties prescribed in section 14-78. Each day or portion thereof that such violation continues is deemed to constitute a separate offense.

(Code 1999, § 13-1-154)

It is the intent of this subdivision to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control and to ensure that the community is adequately protected from potential hazardous and nuisance-like effects.

(Code 1999, § 13-1-160)

(a)

No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as but not limited to sensation by touch or visual observation of moving objects.

(b)

Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the standards in subsection (a) of this section.

(Code 1999, § 13-1-161)

No operation or activity shall produce any intense glare or lighting with the source directly visible beyond an industrial district's boundaries or register one-half footcandles at a residential property line.

(Code 1999, § 13-1-162)

No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Wis. Admin. Code.

(Code 1999, § 13-1-163)

No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Wis. Admin. Code.

(Code 1999, § 13-1-164)

No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Wis. Admin. Code.

(Code 1999, § 13-1-165)

No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Wis. Admin. Code.

(Code 1999, § 13-1-166)

(a)

Purpose. In order to secure uniformity and compliance Federal Communications Commission rules (FCC 96-328) on over-the-air reception devices implementing section 207 of the Telecommunications Act of 1996, this section regulating the placement of signal receiving antennas and over-the-air reception devices is adopted to:

(1)

Provide uniform regulation where necessary of all signal receiving antenna devices;

(2)

Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals:

(3)

Preserve the integrity of historic preservation districts;

(4)

Protect the public from injury from roof-mounted antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on structures insufficiently designed or constructed to safely support the roof-mounted antenna; and

(5)

Provide for placement of such antennas in locations that preserve access to rear property areas by firefighting apparatus and emergency personnel.

(b)

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

Owner means the holder of record of an estate in possession in fee simple or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life, but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his/her interest. The personal representative of at least one owner shall be considered an owner.

Signal receiving antenna means any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. This definition includes all types of signal receiving antennas and over-the-air reception devices, including, without limitation, parabolic antennas; home earth stations; satellite television disks; UHF and VHF television antennas; and AM, FM, ham and shortwave radio antennas, regardless of the method of mounting.

(c)

Permit requirement. A permit shall be required as follows:

(1)

No owner shall, within the city, build, construct, use or place any type of signal receiving antenna or over-the-air reception device that is roof mounted or proposed to be located in a designated historic preservation district until a permit shall have first been obtained from the city inspector.

(2)

Application for a signal receiving antenna permit when required under subsection (c)(1) of this section shall be made in writing to the city inspector. With such application there shall be submitted a sufficient set of mounting plans and specifications to allow a determination to be made that the device can be safely roof mounted or, in a historic preservation district, can be located in such a manner as to not seriously detract from the historic character of the district. There is no fee for such permit. If such application meets the requirements of this section, the application shall be approved.

(d)

Exemption. Signal receiving devices less than 24 inches in diameter are exempt from the requirements of this section, except for the requirements in subsections (e)(1), (2), (7), (9) and (12) of this section.

(e)

Installation standards. Signal receiving antennas installed in any zoning district within the city shall comply with the following:

(1)

Yard setbacks. Yard setback requirements are as follows:

a.

Front yard setback in R-1, R-2, R-3 and R-4 districts. No portion of the satellite dish shall project into the front yard beyond the front line of the principal use structure. The front line of the principal use structure shall be 50 percent of the principal use structure frontage.

b.

Rear yard setback in R-1, R-2, R-3 and R-4 districts. The rear yard setback shall be three feet.

c.

Side yard setback in R-1, R-2, R-3 and R-4 districts. The side yard setback shall be two feet.

d.

Corner side yard setback. The corner side yard setback shall be the same as existing accessory use setbacks for each zoning district.

e.

Business districts. Setbacks in B-1, B-2, B-3 and B-4 business districts shall be the same as transitional yard requirements.

f.

Industrial districts.

1.

I-1 districts. Where the front yard, corner side yard and transitional yards are 30 feet in depth, the satellite dish may be allowed in yard space. The minimum yard setback shall be ten feet for the front yard, corner side yard and transitional yards.

2.

I-2 districts. The setback requirements shall be the same as the I-1 district if a yard is available.

g.

Valley plain district. No building or structure shall be located closer than 50 feet from any property lines.

(2)

Location. Location shall be as follows:

a.

Subject to this section, signal receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal receiving antenna shall be placed in the side yard of the lot. If reasonable reception of signals is not possible by locating the signal receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of a structure on the property following compliance with subsection (c) of this section. For corner lots, a side yard is only a yard that does not face a street.

b.

If side yard, front yard or roof mounting is requested, the zoning administrator shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.

(3)

Mounting of satellite dishes. Mounting of satellite dishes shall be in accordance with the following:

a.

All satellite dishes shall be securely mounted to withstand maximum wind pressures which are anticipated given the size, shape and weight of the dish. Structures to withstand 80-mile-per-hour wind pressure are to be installed per the manufacturer's specifications also.

b.

A satellite dish located in a side or rear yard may be mounted to a minimum size no. 40 schedule pipe or a three-sided television tower. The pipe or tower shall be embedded 36 inches deep in a concrete base; the concrete base to be 24 inches in diameter and 48 inches below grade level. The maximum height of the highest extension of a yard-mounted satellite dish is not to be more than 15 feet.

c.

A satellite dish may be mounted to a pedestal anchored to a concrete base which will comply with all of the requirements in this subsection. Specifications are required to show the structure meets the provisions. The highest extension of a dish shall not exceed 15 feet. The concrete base shall be level with the grade at the site.

d.

A satellite dish may be mounted to a no. 40 schedule pipe anchored at eight-foot intervals or less to the exterior of a structure. The pipe shall not extend more than six feet above the last point where it is anchored to the structure. The pipe shall be embedded in a concrete base 36 inches minimum. The concrete base shall be no less than 18 inches in diameter and 48 inches below grade level. The highest extension of a dish is not to exceed 35 feet.

e.

Signal receiving antennas attached to the roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The building inspector may require engineering calculations.

(4)

Diameter. The diameter of the signal receiving antenna shall not exceed 12 feet for the ground-mounted antenna and ten feet for the roof-mounted antenna, except for stations used to provide community antenna television services.

(5)

Height. Height shall be in accordance with the following:

a.

A ground-mounted signal receiving antenna, including any platform or structure upon which such antenna is mounted or affixed, may not exceed 12 feet in height, as measured from the ground to the highest point of the dish.

b.

A roof-mounted antenna may not exceed ten feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.

(6)

Wind pressure. All signal receiving antennas shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 miles per hour.

(7)

Electrical installations. Electrical installations in connection with signal receiving antennas, including grounding of the system, shall be in accordance with the National Electrical Safety Code, state electrical code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground installation. If a signal receiving antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All signal receiving antennas shall be grounded against direct lightning strikes.

(8)

Temporary placement. No portable or trailer-mounted signal receiving antenna shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all subsections of this section.

(9)

Advertising. No form of advertising or identification sign or mural is allowed on the signal receiving antenna other than the customary manufacturer's identification plates.

(10)

Interference with broadcasting. Signal receiving antennas shall be filtered and/or shielded to prevent the emission or reflection of electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. If harmful interference is caused subsequent to its installation, the owner of the signal receiving antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(11)

Compliance with federal regulations. The installation and use of every signal receiving antenna shall be in conformity with the federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.

(12)

Aesthetic considerations. Signal receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.

(f)

Enforcement. Enforcement shall be as follows:

(1)

It shall be unlawful to construct, use, build or locate any signal receiving antenna in violation of this section. If any violation occurs, the common council, a city enforcement official or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this section.

(2)

Any person who fails to comply with this section shall, upon conviction, be subject to section 1-14.

(Code 1999, § 13-1-180)

(a)

Construction. No person shall construct or operate a wind energy conversion system (WECS) without having fully complied with this section.

(b)

Permits required. The following permits shall be required:

(1)

A zoning permit shall be obtained to allow construction of a wind energy conversion system.

(2)

A wind energy conversion system permit shall be obtained from the zoning administrator for the construction of all wind energy conversion systems upon payment of the fee as set by the council from time to time.

(c)

Application requirements. An application for a permit to build a wind energy system shall include the following:

(1)

The property lines of the proposed site of construction.

(2)

Proposed location of the wind energy conversion system.

(3)

Location and description of all structures located on the property where the wind energy conversion system site is proposed.

(4)

Location of all aboveground utility lines within a radius equal to two times the height of the proposed wind energy conversion system.

(5)

Location of all underground utility lines on the property where a wind energy conversion system site is proposed.

(6)

Dimensional representation of the structural components of the tower construction, including the base and footings.

(7)

Schematic of electrical systems associated with the wind energy conversion system, including all existing and proposed electrical connections.

(8)

Manufacturer's specifications and installation and operation instructions or specific wind energy conversion system design information.

(9)

Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for structures as defined by the Wisconsin Enrolled Building Code.

(d)

Blade clearance. The minimum distance between the ground and any protruding blade utilized on a wind energy conversion system shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.

(e)

Climbing towers; tower access. Access to towers shall be controlled by fences six feet in height around the tower and anticlimbing devices. Existing local regulations regarding attractive nuisances shall cover wind systems as well. A sign indicating shock hazard shall be placed on the tower. Such sign shall state: "Warning. Electrical shock hazard. No unauthorized persons on tower. No trespassing." Cables, ropes or wires used to secure the wind energy conversion system shall be appropriately marked to prevent accidental bodily harm.

(f)

Tower construction. Tower construction shall be in accordance with all applicable sections of the Wisconsin State Enrolled Building Code and any future amendments, additions, and/or revisions to such.

(g)

Utility interconnection. The wind energy conversion system, if interconnected to a utility system, shall meet the requirements for interconnection and shall operate as set forth in the electrical utility's then-current service regulations applicable to wind energy conversion systems; these standards are subject to review by the public service commission.

(h)

Setbacks. Setback requirements shall be as follows:

(1)

No wind energy conversion system shall be constructed in any setback, dedicated easement or dedicated roadway.

(2)

Installation of any wind energy conversion system may not be nearer to any property lines or right-of-way for overhead electrical transmission or distribution lines than three times the height of the wind energy conversion system structure.

(i)

Noise. During all operations, from commencement through abandonment, all noise and vibrations shall conform with the requirements of this Code.

(j)

Interference with navigational systems. No wind energy conversion system shall be installed or operated in such a manner that is not in compliance with Federal Aviation Administration regulations.

(k)

Electrical distribution lines. All wind energy conversion system electrical distribution lines shall be located underground.

(l)

Safety features. Required safety features are as follows:

(1)

All wind energy conversion systems shall be designed with an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the machine is designed.

(2)

All wind energy conversion systems shall have a manually operable method to render the system inoperable if a structural or mechanical failure of any part of the system occurs, including the automatic overspeed control.

(3)

All wind energy conversion systems shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the wind energy conversion system from supplying power to a de-energized electrical distribution system.

(4)

Any wind energy conversion system declared to be unsafe by the zoning administrator by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in this Code.

(m)

Maintenance. The zoning administrator or his/her representative shall have the right, at any reasonable time, to enter, in the company of the owner or his/her agent, the premises on which a wind energy conversion system has been constructed to inspect all parts of such wind energy conversion system installation and require that repairs or alterations be made within 30 days if, in his/her judgment, there exists a deficiency in the structural stability of the system.

(n)

Inspection fees. A yearly inspection at a fee to be determined from time to time by resolution of the common council shall be made by the zoning administrator to certify the safety and maintenance of the wind energy conversion system and accessory structures.

(Code 1999, § 13-1-181)