Ashland City Zoning Code

PART 5

Specific Use Standards

5.1 Residential Uses

Adult Family Home. All residents of the adult family home, other than the operator or care provider and the operator or care provider’s immediate family, shall be disabled persons, as indicated by the required state license application. If this standard is not met, the use shall not be located within two thousand five hundred (2,500) feet of a community living arrangement or another adult family home.
Bed and Breakfast Establishment. A bed and breakfast establishment shall be allowed only in those zoning districts where it is permitted or permitted as a conditional use and only after the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit. In addition, the following standards shall apply:
1. Compliance with State standards. All bed and breakfast establishments and licensees shall be subject to and comply with Chapter DHS 197 of the Wisconsin Administrative Code relating to bed and breakfast establishments and/or Chapter DHS 195 of the Wisconsin Administrative Code relating to hotels, motels, and tourist rooming houses.
2. Registry. Each bed and breakfast establishment shall provide a register and require all guests to register their true names and addresses before assigning quarters. The register shall be kept intact and available for inspection by a Designated Authorized Agent of the City for a period of not less than one (1) year.
3. Permits required. In addition to the permit required by Chapter DHS 197 of the Wisconsin Administrative Code and/or Chapter DHS 195 of the Wisconsin Administrative Code, every bed and breakfast establishment shall obtain a bed and breakfast establishment permit pursuant to Section 3.37: Bed and Breakfast Establishment Permit, and all other applicable permits pursuant to this Ordinance. An approved bed and breakfast establishment permit shall be conspicuously displayed in the bed and breakfast establishment.
4. Management. Bed and breakfast establishments shall be managed and occupied by the owner of the property.
5. Limit of guest occupancy. Guest occupancy shall be limited to fourteen (14) days in any thirty (30) day period.
Community Living Arrangement.
1. All residents of the facility, other than the operator or care provider and the operator or care provider’s immediate family, shall be disabled persons, as indicated by the required state license application. If this standard is not met, the use shall not be located within two thousand five hundred (2,500) feet of another community living arrangement.
2. The Zoning Administrator or Designated Authorized Agent shall receive notice from the State of Wisconsin of application for licensure of the community living arrangement.
3. Prior to initial licensure of the community living arrangement by the State of Wisconsin, the application for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the community living arrangement, the neighborhood in which the proposed facility will be located, and a local unit of government, in accordance with Section 48.68(4) of the Wisconsin Statutes or Section 50.03(4)(g) of the Wisconsin Statutes, as applicable.
4. The loss of any state license or permit by a community living arrangement shall be an automatic revocation of that facility’s use permit.
Convent, Rectory, or Monastery. A convent, rectory, or monastery shall be on the same parcel or contiguous to the associated religious institution. If this standard is not met, the convent, rectory, or monastery shall comply with the allowable density, number of units, and other applicable provisions of the zoning district in which it is located.
1. Definition: An accessory dwelling unit (ADU) refers to a detached, smaller, secondary structure on the same lot as a principal dwelling. ADUs are independently habitable and must conform to Uniform Dwelling Code. Structures consisting of living quarters above garage space shall be considered ADUs unless some of the ground level consists of living quarters.
2. Where Permitted: Accessory dwelling units shall be a permitted use and require a Development Permit in addition to applicable Building Permits in all zoning districts where they are listed as a permitted use.
3. Requirements:
  1. Any exterior changes or additionsfor an accessory dwelling shall be constructed of similar materials and shall be architecturally compatible with the principal building.
  2. The accessory dwelling unit shall not contain more than seventy-five (75) percent of the total floor area on the principal structure on subject parcel.
  3. The minimum parcel area for one (1) ADU shall conform to the minimum parcel area of the subject zoning district. Parcels exceeding the minimum parcel area of the subject zoning district by a minimum of two thousand five hundred (2,500) square feet shall be allowed a maximum of two (Z) ADUs.
  4. A detached garage with an accessory dwelling shall meet all requirements for accessory buildings within their respective zoning district and the dwelling unit must meet Uniform Dwelling Code.
  5. There shall be an unobstructed walkway leading from the public street to the accessory dwelling.
  6. No ADU shall be constructed and no building permit shall be issued for an ADU prior to the construction of a primary structure on the subject property. Dwelling: Accessory. An accessory dwelling shall be allowed only in those zoning districts where it is permitted as a conditional use and only after the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit. In addition, the following standards shall apply:
Home Occupation. A home occupation shall be allowed in those zoning districts where they are a permitted use. A person with a home occupation that exceeds any standard listed in Section 5.1 F.3.: Standards for Permitted Home Occupations shall be required to obtain a conditional use permit pursuant to Section 3.9: Conditional Use Permit. All home occupations shall also comply with all other applicable local, State or Federal regulations.
1. Intent.
  1. Establish criteria for operation of home occupations as a secondary use in all districts permitting residential use;
  2. Permit and/or regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner- or renter-occupied;
  3. Ensure that such home occupations are compatible with, and do not have a harmful effect on, adjacent and nearby residential properties and uses;
  4. Ensure that public and private services, such as streets, sewers, or water or utility systems, are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use;
  5. Allow residents of the community to use their place of residence to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria;
  6. Enable fair and consistent enforcement of home occupation regulations; and
  7. Promote and protect the public health, safety, and general welfare of the community.
2. Permitted Home Occupations.
  1. Intent. Home occupations, as defined by this ordinance and permitted in this section, are allowed as an accessory use where the principle use is residential, in all zoning districts that permit residential use, for the reasons that they:
    1. Do not compromise the residential character of the area;
    2. Do not generate conspicuous traffic;
    3. Do not visually call unusual attention to the home; and
    4. Do not generate noise of a nonresidential level.
  2. Standards. The standards set forth in this section shall be met. In cases where the character of the home occupation exceeds the requirements, the home occupation will either require a conditional use permit pursuant to Section 3.9: Conditional Use Permit or the use is not considered a home occupation, as determined by the Zoning Administrator or Designated Authorized Agent.
  3. Types of Permitted Home Occupations.
    1. Accounting, tax preparation, bookkeeping, and payroll services;
    2. Artists, sculptors, and composers;
    3. Baking and cooking;
    4. Catering;
    5. Child care: for 1 to 3 children as an unlicensed family daycare;
    6. Computer systems design, repair, and related services;
    7. Computer training;
    8. Craft work, such as jewelry-making and pottery;
    9. Drafting services;
    10. Engineering, architecture, and landscape architecture;
    11. Financial planning and investment services;
    12. Hair salon, barbering, hairdressing, and other personal care services;
    13. Home offices;
    14. Information and data processing services;
    15. Insurance sales;
    16. Interior decoration (no studio permitted);
    17. Internet sales;
    18. Legal services;
    19. Mail order business;
    20. Musical instruction, voice, or instrument;
    21. Musical instrument tuning and repair;
    22. Offices for professional, scientific, or technical services or administrative services;
    23. Photographic services;
    24. Professional services, including the practice of law;
    25. Real estate services and appraisal;
    26. Sale of firewood, provided that: no on-site processing occurs; and that all on-site wood storage meets the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage;
    27. Tailoring (e.g., dressmaking and alterations) services;
    28. Teaching of crafts and incidental sale of supplies to students;
    29. Telephone answering and message services; and
    30. Tutoring.
    31. Other uses as determined by Zoning Administrator or other authorized agent.
  4. Exempted Home Occupations.
    1. Baking, cooking and craft work created entirely for not for profit use, fundraising and donations, or for seasonal sales occurring no more than 4 times per year;
    2. Sale of worms for bait, seasonally, from May 1 to September 30;
    3. Those occupations with an annual income less than the Federal IRS minimum income requirement for self-employment. Refer to IRS Publication 334: Tax Guide for Small Business.
3. Standards for Permitted Home Occupations. The following requirements shall be met for the Home Occupations listed in this Subsection:
  1. No more than 2 employees other than residents of the premises shall be permitted;
  2. Sales shall be limited to: mail order sales; telephone sales; and/or internet sales, all with off-site delivery;
  3. Classes held on the premises shall have no more than four (4) students at any given time and shall be given within the principal structure only;
  4. The home occupation shall not result in the need for more than two (2) parking spaces at any given time in addition to spaces required by the occupant of the home. Exceptions include open house events, which shall not occur more than one per quarter annually;
  5. Not more than ten (10) customer vehicle trips for business purposes per day. Hours for visits shall be between 8:00 AM and 8:00 PM;
  6. No more than twenty five (25) percent of the total area of the principal structure shall be used for the home occupation activity;
  7. No structural alterations or construction involving features not customarily found in dwellings;
  8. Articles for sale may not be displayed outside the principal structure, with the exception of firewood meeting the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage;
  9. There shall be no exterior storage of equipment or materials used in connection with the home occupation, with the exception of firewood meeting the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage;
  10. Shall not involve the repair of vehicles and motors or construction of equipment and machinery;
  11. Deliveries and pickups shall be those normally associated with residential services, shall not block traffic circulation, and shall occur only between 8:00 AM and 8:00 PM, Monday through Saturday;
  12. There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, vibration, electrical interference, traffic congestion, or other nuisances resulting from the home occupation;
  13. Storage of goods and materials shall not include flammable, combustible, or explosive materials which exceed typical levels allowable on a residential property;
  14. Existing public facilities and utilities shall be adequate to safely accommodate equipment used for the home occupation;
  15. Signage for home occupations shall comply with the requirements set forth in Section 6.6: Signs.
4. Rural Home Occupations – Permitted Home Occupations. The following home occupations are permitted in the Future Development District (FD), on parcels with five (5) acres or more, in addition to those specified above in Section 5.1 F.2.
  1. Auto repair work;
  2. Computer and office machine repair and maintenance;
  3. Contractor and trade shops, indoor operations only, including electrical, plumbing, and mechanical;
  4. Machine welding shops;
  5. Office machinery and equipment rental and leasing; and
  6. Processing and sale of firewood, provided that: all on-site wood storage meets the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage.
5. Standards for Permitted Rural Home Occupations in the Future Development District (FD). The Rural Home Occupations listed above in Section 5.1 F.4., shall meet the standards listed above in Section 5.1 F.3., with exception, the following standards based on the rural character of this district, are permitted.
  1. Garages or detached accessory structures may be used for the home occupation activity.
  2. Exterior storage of equipment or materials may be used, only in connection with the home occupation.
  3. The repair of vehicles or motors or construction of equipment and machinery is allowable as a home occupation.
  4. Storage of flammable, combustible, or explosive goods and materials is allowable in accessory structures if property storage and separate requirements are met and if authorized in writing by the Fire Chief.
Mobile Homes and Mobile/Manufactured Home Communities.
1. Permanent occupancy. A manufactured home (mobile home) intended for permanent occupancy shall meet all licensing requirements and regulations in City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Manufactured Home Communities (Mobile Home Parks), and Campgrounds and the following conditions:
  1. No mobile home may be parked outside of an approved mobile/manufactured home community (mobile home park).
  2. Double-wide manufactured homes or mobile homes may be parked outside a mobile/manufactured home community if they are attached to a foundation and meet the requirements of the Uniform Dwelling Code and all other applicable state and federal codes.
  3. The Common Council, may in its discretion, and by a uniform rule, limit the number of occupants in any manufacture home or mobile home occupying a space in a manufactured home community (mobile home park) for reasons of health and public welfare.
  4. All manufactured homes and mobile homes shall be anchored to the ground. Anchoring systems generally consist of ties and anchors. The ties are generally of two types, over-the-top and frame which connect the I-beam to the anchor. Ties shall be secured to either a ground anchor, which may be a screw auger or concrete deadman anchor, or to a slab anchor, or to the foundation itself. Anchors shall be sufficiently embedded to account for saturated soil conditions which accompany flooding.
2. Temporary occupancy. A manufactured home or mobile home intended for temporary occupancy shall meet the following conditions:
  1. Mobile homes used as a temporary construction office shall follow the requirements pursuant to Section 5.5, B.: Temporary Construction Building.
  2. A building permit pursuant to Section 3.32: Building Permit, is required for field offices located off-site. Temporary field office occupancy is limited to six (6) months. Occupancy may be extended upon approval from of the Building Inspector or Designated Authorized Agent.
  3. A conditional use permit pursuant to Section 3.9: Conditional Use Permit, shall be required for any educational institution for temporary occupancy of a mobile home outside of an approved, licensed mobile home park. The mobile home shall be found to be in the public interest and shall not damage or interfere with the character of the neighborhood in which the mobile home unit will be parked. The conditional use permit shall not permit temporary occupancy exceeding thirty-six (36) months.
3. License for manufactured home communities.
  1. It shall be unlawful for any person to establish, operate, or maintain, or permit to be established, operated, or maintained upon any property owned, leased, or controlled by that person, a manufactured home community (mobile home park) within the limits of the City of Ashland without first having obtained all necessary approvals and/or permits from the Wisconsin Department of Safety and Professional Services (Safety and Buildings Division),the Department of Health Services and the Wisconsin Department of Natural Resources. In addition, a license shall be obtained for each such community or park from the City Clerk pursuant City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Manufactured Home Communities (Mobile Home Parks), and Campgrounds.
  2. It shall be the duty of any person intending to operate a manufactured home community (mobile home park) to report to the local board of health and the City Building Inspector the following information:
    1. Name of the manufactured home community (mobile home park);
    2. Name and address of owner, agent, or operator;
    3. Number of persons that may be accommodated; and
    4. The location of the community or park.
4. Management. The attendant or person in charge of the manufactured home community (mobile home park) together with the licensee, shall be responsible for ensuring compliance with City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Manufactured Home Communities (Mobile Home Parks), and Campgrounds.
5. Inspection and enforcement.
  1. All manufactured/mobile homes and manufactured home communities shall be open to inspection at all reasonable hours by representatives of the local and State Board of Health and the City Building Inspector. Refer to City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Mobile/Manufactured Home Communities (Parks), and Campgrounds for additional regulations and requirements.
  2. Each manufactured home community (mobile home park) licensee and/or its managing agent shall give written notice to the Building Inspector anytime a manufactured home or mobile home is moved out of a manufactured home community and another manufactured home (mobile home) is moved in to take its place. The purpose of this notice is to permit the Building Inspector to make inspections to determine that newly placed manufactured home (mobile home) has been placed in compliance with this Ordinance and to permit proper fair market value assessment of the newly placed manufactured home (mobile home).
6. Required plans. Every manufactured home (mobile home) and manufactured home community (mobile home park) shall be located on a well-drained area, and the property shall be properly graded so as to prevent the accumulation of storm or other waters. Plans, which indicate where the homes, a safe shelter (as defined by FEMA) and other structures will be placed with a numbering system for the homes, shall be distributed to the Fire Department, Police Department, Building Inspector, Zoning Administrator, Public Works Director, City Clerk and City Assessor.
7. Design standards for manufactured home community (mobile home park). The dimensional standards associated with a manufactured home community (mobile home park) shall be consistent with the provisions of Section 4.7: MHC Manufactured Home Community and the following additional standards:
  1. All drives, parking areas, and walkways shall be hard surfaced concrete or blacktop. All roadways shall meet the required standards pursuant to Part 9: Land Divisions and Improvements and all other applicable City Ordinances relating to road and street construction. Roadways shall be complete to each site before they can be occupied. Interior streets shall be maintained so as to be free from potholes and ruts;
  2. Garages or accessory buildings may be constructed on existing concrete pads facing the interior or exterior street used for access to the manufactured or mobile home. A minimum distance of six (6) feet shall be maintained between garages or accessory buildings and all homes. Accessory building shall comply with the provisions pursuant to Section 5.6, A.: Accessory Building and Section 4.7: MHC Manufactured Home Community (Mobile Home Park) District;
  3. Lawns shall be in suitable condition, free from noxious weeds, and shall include a parking pad and patio, complete before habitation of the home;
  4. An adequate supply of pure water, furnished through a pipe distribution system connected with the public water main, or if a public main is not available, an approved well shall be furnished for drinking and domestic purposes. The applicable Wisconsin Department of Safety and Professional Services Administrative Codes, and requirements from the Wisconsin Department of Health Services and Department of Natural Resources shall apply;
  5. A separate valved water service shall extend to each home;
  6. Fire hydrants shall be maintained in proper working order and no home shall be installed unless a hydrant is available within four hundred (400) feet;
  7. When public sewage facilities are available, connection and use is required. If public sewage facilities are not available, a treatment system approved by the Wisconsin Department of Safety and Professional Services shall be used;
  8. Every site for a home shall be provided with sewer connections that comply with the Wisconsin Department of Safety and Professional Services Administrative Codes. The sewer connections shall be provided with the suitable fittings so that a watertight connection can be made. Such connections shall be constructed so that they can be closed when not connected and trapped in such a manner as to be maintained in an odor-free condition;
  9. All garbage that is not disposed of through a garbage disposal unit connected with the sewerage system shall be kept in separate, leak proof, metal, or plastic garbage containers. The requirements of the applicable City Ordinances that govern garbage disposal shall apply.
  10. Lighting shall be provided near newly constructed sites and shall follow all requirements pursuant to Section 6.7: Exterior Lighting.
Manufactured/Modular Home.
1. Manufactured/Modular homes permitted. A manufactured/modular home is permitted in any zoning district that permits a single-family detached dwelling provided that it conforms to all of requirements of the district in which it is located and the provisions of this Subsection.
2. Basements or foundations. Each manufactured/modular home shall be installed on a basement of masonry foundation.
3. Minimum size. Each manufactured/modular home shall have a minimum dimension, when erected on site, of at least twenty-four (24) feet in width and a minimum floor area of at least nine hundred sixty (960) square feet.
4. Siding and roofing materials. Siding and roofing materials shall be similar to materials found on nearby non-modular homes dwellings or be a typed broadly and generally used in residential construction and shall have an appearance harmonious with adjacent housing.
Recreational Vehicles, Trailers and Camping.
1. Temporary Occupancy. A recreational vehicle, camper trailer, or tent intended for temporary occupancy shall meet the following conditions:
  1. Parking and occupying recreational vehicles or camper trailers for more than twenty-four (24) hours shall be prohibited in areas other than approved campgrounds or private residences.
  2. Camping on streets or in parking lots shall be prohibited, except that overnight parking of semi-trucks at locations approved by owners (such as truck stops and industrial parking lots) may be permitted.
  3. A recreational vehicle, camper trailer, or tent may not be occupied at a residence for more than thirty (30) days annually, and must meet all requirements pursuant to City of Ashland Ordinance 750, Section B., 22: Vehicles.
Rehabilitation Center/Transitional Living. A rehabilitation center/transitional living facility shall not exceed fifteen (15) occupants at one time. The facility shall be managed by an organization operating a program that is approved by the State of Wisconsin pursuant to Wisconsin State Statute 51, and all relevant Administrative Codes, including but not limited to DHS 75, DHS 92, DHS 94. The facility shall also be approved by all applicable government entities having authority under law to license or authorize the operation.
Tourist Home. A tourist home shall only be allowed in those zoning districts where it is permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

5.2 Commercial Uses

Adult Entertainment Establishment.
1. Intent. The concentration of adult entertainment establishments in one area can have a substantially detrimental effect on the area in which such establishments are concentrated and can impact the overall quality of life. Being mindful of the effects of adult entertainment upon minors and the criminal activity or disruption of public peace associated with such establishments, while also giving due consideration to civil rights of persons partaking in such entertainment, it is the intent of this Subsection to regulate the location of adult entertainment establishments.
2. Conditional use permit required. An adult entertainment establishment shall only be allowed in those zoning districts where it is permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit. A conditional use permit shall be required for a new adult entertainment establishment, a change of use to an adult entertainment establishment, or an increase in building activity where an adult entertainment use becomes the primary activity. Review of a conditional use permit for an adult entertainment establishment shall consider the image and design of the exterior building and the site, such as colors and schemes and landscaping.
3. Signage limitations. Signage for Adult Entertainment Establishments shall be required to conform to all applicable sign regulations and standards in Section 6.6: Signs and the following:
  1. The establishment shall have no merchandise advertisement or pictures of entertainment displayed in window areas or in any location visible from a public right-of-way;
  2. A one (1) square foot sign may be placed on the main entrance door stating hours of operation and admittance to adults only;
  3. No sign shall contain any flashing lights, moving elements, or mechanically energized messages;
  4. Signs shall not contain any explicit language or explicit or sexual graphic representations;
  5. Off-premise signs are prohibited.
4. Distance separation.
  1. Each adult entertainment establishment shall be at least two thousand six hundred forty (2,640) feet from any other adult entertainment establishment or similar use.
  2. No adult entertainment establishment shall be located closer than one thousand (1000) feet from the R-E, R-1, R-2, R-3, R-4, MHC, PRI, MRC, W-MRC, W-CRM and W-SFR Zoning Districts, places of worship, schools, day care centers, community living arrangements, rehabilitation center/transitional living uses, nursing homes, senior housing, and similar uses.
Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use.
1. Intent. The City of Ashland has experienced a substantial increase in the number and location of currency exchange establishments, payday loan establishments, title loan agencies, pawn shops, rent-to-own establishments, and similar uses. Furthermore, the clustering of these businesses may create and undesirable image of the vitality of the commercial districts and the community as a whole. Consequently, it is the intent of this Subsection to regulate the distance between these uses and prevent clustering of these uses.
2. Allowable zoning districts and separation. Currency exchange establishment, payday loan establishments, title loan agencies, pawn shops, rent-to-own establishments and similar uses shall be allowed only in the zoning districts as specified in this Ordinance and only after the issuance conditional use permit. No such use shall be permitted closer than twelve hundred (1,200) feet from any other such use.
Day Care Center: Commercial.
1. A commercial day care center shall not be located within five hundred (500) feet from an adult entertainment establishment.
2. A commercial day care center shall comply with all applicable laws including those specified in Chapter 46 of the Wisconsin Statutes.
Local Food Store.
1. Location. Local food stores, as defined, shall be located on lots with frontage on an arterial or collector street. On lots fronting more than one public street, local food stores shall be allowed only on lots where the greater street frontage falls on the arterial or collector street.
2. Design. The local food store shall be limited, so as to be proportionate in scale and compatible in design, to the structures and lands within five-hundred (500) feet of the proposed local food store.
3. Signage. Signage for local food stores shall be in accordance with Section 6.6: Signs, and the specific requirements for the zoning district the food store is, or is proposed to be, located in.
4. Parking. Parking shall be in accordance with Section 6.3: Parking and Loading, except as specifically allowed by the Plan Commission upon consideration of the local food store type and size, neighborhood compatibility, and site-specific limitations. Use of on-street parking shall be subject to review by the Public Works Director or Designated Authorized Agent and the City Police Department upon consideration of street design, maintenance requirements, traffic loads and speeds, related safety considerations and consistency with applicable City Ordinances.
5. Screening. Screening of local food stores shall be in accordance with Section 6.4: Landscaping, Buffers and Screening, or as otherwise conditioned by the Plan Commission.
6. Hours of operation. The Plan Commission may limit operating hours for the local food store based on the nature of business activity and character of adjacent uses.
7. Other conditions. Other conditions specific to the proposed use may apply to ensure harmony with adjacent uses, including placement of garbage receptacles in the vicinity. Local food store developments shall likewise be subject to Site Plan Review pursuant to Section 3.20: Site Plan Approval, and shall be conditioned upon compliance with laws applicable to food stores.
Manufactured Home Dealer, Sales and Display. A manufactured home dealer, sales and display use shall only be allowed in those zoning districts where it is permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit. In addition, a model home shall be consistent with all of the following standards:
1. Maximum percent of building coverage. Forty (40) percent.
2. Office use. No more than fifteen (15) percent of the area of the main floor shall be used for office area.
3. Spacing. Manufactured homes shall have at least twenty (20) feet of separation between other manufactured homes or structures.
4. Building orientation. Manufactured homes shall be organized at various angles and oriented in a manner compatible and representative of a residential neighborhood.
5. Allowable time before manufactured home must be moved. A manufactured home shall not remain on the sales and display lot for a period of more than two (2) years.
6. Hours of operation. Hours of operation for showing of the manufactured home shall be between 8:00 AM and 8:00 PM, or other reasonable times as may be required by the conditions of an approved conditional use permit or as may be permitted by the Zoning Administrator or Designated Authorized Agent.
7. Site plan approval. In addition to the issuance of a conditional use permit, a manufactured home dealer, sales and display use shall be required to receive site plan approval.
8. Utilities. Electric service lines to manufactured home units shall be placed underground. At no time shall a manufactured home on display be connected to a water or sewage system.
Social Services.
1. Intent. The intent of this section is to allow the operational needs of social service uses and establishments to be met while identifying potential concerns and preventing a negative impact on surrounding properties and the community. The following standards shall be considered on a case by case basis.
  1. Location & Building. Refer to each zoning district for permitted or conditionally permitted uses.
    1. Social service uses may not be located within one thousand two hundred (1,200) feet from another social service use unless the Plan Commission determines that the cumulative impacts of the existing and proposed uses will not adversely affect the living and working conditions of the properties located within one thousand two hundred (1,200) feet of the proposed uses;
    2. The establishment should be served by or easily accessible to public transit;
    3. The establishment shall be of adequate size and design to reasonably accommodate its projected capacity;
    4. The establishment shall have internal and/or external waiting areas if deemed appropriate by the Plan Commission;
    5. The establishment shall provide safe access and mobility for all patrons on the property.
  2. Signage.
    1. All signage shall be consistent with the requirements of Section 6.6: Signs.
    2. Warning and/or safety signs shall be posted in areas where pedestrians and vehicles may come in contact.
  3. Parking.
    1. Parking spaces shall be provided at one (1) space for every two hundred (200) square feet net floor area.
    2. The standards of Section 6.3: Parking and Loading shall be met except as specifically allowed by the Plan Commission upon consideration of the social service type and size, neighborhood compatibility and site-specific limitations.
  4. Screening. Exterior waiting, gathering, or smoking areas shall be adequately screened from abutting properties and public rights-of-way to a height of six (6) feet.
  5. Hours of operation. The Plan Commission may limit operating hours for the social service use based on the nature of the use and the character of adjacent uses.
  6. Density of housing units. The density of housing units shall be compatible for the neighborhood.

5.3 Industrial Uses

Ashland Industrial Park.
1. Intent. The intent of this Subsection is to preserve the value of property in the Ashland Industrial Park as well as property located near or adjacent to the Ashland Industrial Park. This Subsection places restrictions, covenants, and conditions on all parcels within the Ashland Industrial Park, regardless of ownership. Refer also to City of Ashland Ordinance 469: An Ordinance Establishing Covenants Governing the Subdivisions of Land in the Ashland Industrial Park.
2. Supremacy. If a conflict exists between the provisions of this Subsection and City of Ashland Ordinance 469: An Ordinance Establishing Restrictive Covenants Governing the Subdivisions of Land in the Ashland Industrial Park on file with the Ashland City Clerk, the provisions of Ordinance 469 shall prevail. If a conflict exists between the provisions of this Subsection and the provisions of the underlying Zoning District, the provisions of this Subsection shall prevail.
3. Boundaries of the Ashland Industrial Park. The boundaries of the Ashland Industrial Park are depicted on a map on file in the office of the Zoning Administrator.
4. Restrictions, covenants, and conditions.
  1. General use. Land in the Ashland Industrial Park is intended only for general industrial use as specified in the underlying Zoning District, provided that the uses are not in conflict with any laws of the State of Wisconsin or any ordinance of the City of Ashland.
  2. Other possible uses. In addition to the uses permitted in the underlying Zoning District, the Common Council may, after first referring the matter to the Plan Commission for investigation, public hearing, and recommendation, authorize the location of any of the following uses in the Ashland Industrial Park, provided that the Common Council shall find that such location will tend to minimize the effects upon the neighborhood and the community of any noxious and deleterious characteristics of such uses such as smoke, gas, odor, noise, heat, and glare.
    1. Acid, ammonia, bleach, chlorine, or soap manufacture;
    2. Ammunition manufacture, explosives or fireworks manufacture, or storage;
    3. Asphalt, coal and coal tar, or coke manufacture;
    4. Automobile wrecking yard; junk yard;
    5. Bones, distillation of;
    6. Cement, lime, gypsum, or plaster of paris manufacture;
    7. Fat rendering;
    8. Fertilizer manufacture;
    9. Forge plant;
    10. Gelatin, glue, or size manufacture;
    11. Inflammable gases or liquids, refining or manufacture of, over ground tank farms;
    12. Slaughterhouse, stockyard;
    13. Smelting
  3. Required approvals. No building, or any improvement thereto, shall be erected, placed or altered on any building site in the Ashland Industrial Park until the plans for such building or improvement, including site plan, landscape plan, building plan, and specifications have been approved by the Plan Commission of the City of Ashland pursuant to the provisions of this Ordinance. The Ashland City Plan Commission shall approve or disapprove such plans with respect to conformity with:
    1. These restrictions and other applicable enactments of the City, and with respect to harmony of external design and land use as it affects property within and adjacent to the Ashland Industrial Park.
    2. Failure of the City Plan Commission to act upon such building or improvement plans within sixty (60) days after submission to the Ashland City Plan Commission shall constitute an approval of such plans.
    3. The Plan Commission may, at its discretion, recommend relief to the provisions of this section pursuant to Section 3.9: Conditional Use Permit.
  4. Minimum parcel area. No building or structure shall be constructed or erected within the Ashland Industrial Park on parcels containing less than two (2) acres total land area.
  5. Required setbacks from front parcel line. No part or portion of any building shall be erected, constructed or extended nearer than fifty (50) feet from the front parcel line in the Ashland Industrial Park. Corner street side yards shall be a minimum of thirty (30) feet. Employee parking of automobiles shall be prohibited at all times within the fifty (50) foot front setback of any parcel of the Ashland Industrial Park. Limited visitor or customer parking may be allowed within the fifty (50) foot front setback, provided that a minimum fifteen (15) foot boulevard is provided. The front and corner street side setback shall be entirely graded and sodded or seeded between said parcel lines, and from the road shoulder to the building face in a manner that would produce an acceptable lawn, excepting only such areas as may be required for driveways, visitor parking, or walks.
  6. Required setbacks from interior side parcel line. No part or portion of any building shall be erected, constructed or extended nearer than twenty (20) feet to any interior side parcel line. The combined total of side yards for any interior parcel shall not be less than forty (40) feet.
  7. Driveways and walks. All driveways shall be surfaced with hot-mixed asphalt concrete or cement concrete from the city street surface to the front building face. All walks shall be of cement concrete. All such drives and walks shall be completed during the time of construction of the building.
  8. Required parking. Refer to Section 6.3: Parking and Loading and Table 6.3-A: Required Off-Street Parking Spaces. City streets will not be designed by the City of Ashland to provide parking.
  9. Underground utilities.
    1. Wherever practical, industries purchasing land and constructing buildings in the Ashland Industrial Park shall bury all utilities to a depth of at least thirty-six (36) inches from the point of delivery at the Ashland Industrial Park provided by the private utility company or the Wisconsin Telephone Company. As a rule of thumb, all power lines carrying 13.8 KV or less shall be buried from the point of delivery by the power company to the point of the connection to the industrial structure. In instances where specific industries require power lines carrying 34.5 KV, a decision shall be reached on underground installation requirements on an individual case basis. This decision shall be reached by the Ashland Plan Commission (following consultation with the private power utility) at the time that the prospective industry submits a detailed site plan for review, as required by the provisions of this Ordinance.
    2. Wherever practical, however, the Plan Commission shall, as a matter of policy, require underground installation of power lines carrying 34.5 KV from the point of delivery made by the private power utility to the point of connection to the industrial structure.
    3. In all cases, natural gas and telephone service lines shall be buried to a depth of at least thirty-six (36) inches between the point of delivery made by the private utility and the point of connection with the industrial structure.
  10. Demonstration areas. In the event that an industry wishes to develop and use an area for the demonstration of power equipment (farm machinery, logging equipment, earth-moving equipment, etc.) to potential customers, the boundaries of such areas shall be clearly defined and conform to the setback, side yard, and rear yard requirements of these restrictions. Demonstration areas shall be clearly defined, and be separated from the primary industrial plant structure by a distance of at least thirty (30) feet. Such areas shall be screened from view from all public and private access roads within the Ashland Industrial Park by a fence which shall be eight (8) feet in height. Wire mesh fencing is unsuitable as a screening device.
5. Maintenance and controls.
  1. Control of particulate emissions.
    1. The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
    2. The general level of control of particulate emissions by any and all industrial plants which occupy land in the Ashland Industrial Park shall comply with Chapter NR 415 and Chapter 431 of the Wisconsin Administrative Code. In addition, any industry which intends to employ a production process which will lead to immediate discharge of particulate emissions shall, as required by the State Administrative Code, file a letter of intent prior to commencing operations with the Environmental Protection Section, Department of Natural Resources, Spooner, Wisconsin, and send a copy to the Ashland City Clerk, Ashland, Wisconsin.
  2. Rubbish burning. No rubbish may be burned on the property except in an incinerator especially constructed and designed for this operation.
  3. Solid waste management.
    1. All firms which purchase land and establish a producing industry within the Ashland Industrial Park shall arrange for adequate disposal of solid waste materials generated as a part of the production processes so established. Solid waste materials so generated shall be disposed of at weekly intervals in a lawful manner, as prescribed and specified in the Wisconsin State Administrative Code.
    2. Solid waste materials must be stored in a protected manner and be screened from view behind a fence of solid materials or slatted cyclone, such as will provide a suitable visual screen. The minimum height of such fence shall be six (6) feet. The fence must be kept painted or have such other finish as is generally accepted for good appearance.
Recycling Facilities and Indoor and/or Outdoor Salvage Operations.
1. License required. It shall be unlawful to operate or maintain a recycling facility or indoor and/or outdoor salvage operation without having obtained a license pursuant the following:
  1. Filing date. Every applicant for such license shall annually file by April 15 a written application with the City Clerk upon a form prepared and provided by the City.
  2. Inspections. The property shall be inspected by the Building Inspector, a representative of the Police Department, and a representative of the Fire Department to determine whether the use complies with all relevant laws, ordinances, rules, and regulations.
  3. License fee. An annual license fee, found on the City of Ashland’s Comprehensive Fee Schedule, shall be paid at the time of application.
  4. Expiration of license. All licenses shall expire on June 30 following their issuance, unless revoked sooner.
  5. Posting. The current license shall be posted at all times in a conspicuous place on the property described.
2. Location of outdoor recycling and/or salvage materials. No recycling and/or salvage materials, nor the accumulation of such materials, shall be allowed within seven hundred fifty (750) feet of the center line of any county trunk, state trunk or federal highway or within five hundred (500) feet of the center line of a town road (unless approved through the issuance of a permit by the town board). All recycling and/or salvage materials and the accumulation of such materials, within one thousand feet (1000) of the nearest edge of a state or federal highway shall be stored in an enclosed structure or shall be screened so as to not be visible from the state or federal highway. Recycling facilities and indoor and/or outdoor salvage operations shall be accessible from a designated approved heavy haul route as determined by the Public Works Director, County Highway Commissioner or Designated Authorized Agent.
3. Lost or stolen goods. Every keeper of a recycling facility or salvage operation who receives or is in possession of any goods, articles, or things of value that may have been lost or stolen shall upon demand produce such article or thing to any member of the Police Department for examination.
4. Fencing and screening. Any recycling and/or salvage materials stored in the open shall be enclosed and screened by a solid wall or non-transparent fence so that the salvage materials are not visible from other properties in the vicinity, or from a public right-of-way, such as roads, streets, highways, and waterways. The screening shall be eight (8) feet in height and kept in good repair. The eight (8) foot height requirement may be waived and an appropriate height set by the Plan Commission. The Plan Commission may in its discretion waive the fencing and screening requirement for any property perimeter for which it determines that the visibility of the storage material is not a detriment to the public interest.
5. Condition of property. All property licensed or used for a recycling facility or an indoor and/or outdoor salvage operation shall be maintained in proper and sanitary condition with no articles piled so as to protrude beyond the enclosure.
Community Composting Facilities.
1. Intent. A community composting facility, if not properly designed and operated, can be harmful to the safety and general welfare of the City and it citizens. This section is therefore intended to define basic requirements necessary to protect the public and our natural resources, as well as enhance the welfare of the public while providing waste alternatives and promoting sustainability within the community. This section does not relieve any obligation or requirements imposed by any Federal, State or local law or regulation. Refer to Department of Natural Resources Chapter 502 of the Wisconsin Administrative Code.
2. Location and Site Requirements.
  1. Location. The materials storage, curing, processing and composting areas of the composting facility shall not be located within a mapped floodplain. Refer to the Wisconsin Department of Natural Resources for minimum separation/setbacks distances.
  2. Access. The composing facility shall be accessible from a designated and approved heavy haul route as determined by the Public Works Director, County Highway Commissioner, or Designated Authorized Agent.
  3. Design standards. Design standards for the composting facility at a minimum, shall be consistent with those specified in Department of Natural Resources Chapter 502.12 of the Wisconsin Administrative Code.
3. Performance Standards. All community composting facilities shall be required to comply with the standards in Part 7: Performance Standards of this ordinance.
4. Buffers and Screening.
  1. Buffer. Parcels containing a community composting facility shall be required to maintain a vegetative buffer of at least twenty (20) feet around the entire parcel.
  2. Screening. Outdoor composting and storage areas shall be screened by a minimum six (6) foot high, sight-obscuring fence, wall, landscaping berm, or planting strip as required by the Zoning Administrator or Designated Authorized Agent.

5.4 Utilities And Communication Uses

Communication Equipment: Major.
1. Satellite dishes between three (3) feet and twelve (12) feet in diameter. The placement, erection, or installation of satellite dishes between three (3) feet and twelve (12) feet in diameter shall require the approval of a conditional use permit and a building permit. In addition, the dish shall comply with the following requirements:
  1. Residential properties. On residential properties, satellite dishes that are between (3) feet and twelve (12) in diameter shall only be located in rear yards or on the roof of a detached garage, so long as the height of the detached garage and the dish is equal to or less than the height of the principal building.
  2. Non-residential properties. Satellite dishes between three (3) feet and twelve (12) feet in diameter that are located on non-residential properties may be erected on the roof of a principal or accessory building, and in side or rear yards, but shall not be located within front yards.
  3. Variance for location. In the event that a usable signal cannot be obtained by locating the satellite dish in locations permitted by this Ordinance, the Zoning Board of Appeals may grant a variance, following proper variance procedures, to allow the placement of a satellite dish in another location.
  4. Advertising or graphic designs. No advertising or graphic designs, excluding communication call letters or frequencies, are permitted on satellite dishes.
2. Wireless telecommunication facilities. Towers, antennas, and related accessory uses and structures associated with wireless telecommunication facilities shall be installed, erected, and maintained pursuant to the provisions of this Subsection.
  1. Intent. The intent of this Subsection is as follows:
    1. Ensure the provision of personal wireless service within the corporate boundaries of, and for the benefit of, the residents of the City of Ashland;
    2. Protect the public health, safety, and general welfare of the community, public and private property, and community aesthetics;
    3. Minimize the visual impacts of wireless telecommunication facilities through design and siting standards;
    4. Maximize the use of existing and approved towers and buildings to accommodate multiple antennas to reduce the number of towers required to serve the community;
    5. Avoid damage to adjacent properties from tower failure through structural standards and setback requirements; and
    6. Avoid conflicts with an AIR-O Airport Overlay.
  2. Interpretation and applicability.
    1. This Subsection shall be interpreted consistent with the provisions of the Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 and any subsequent amendments;
    2. This Subsection shall apply to all persons, partnerships, corporations, and other entities seeking to locate, site, place, modify, or construct wireless telecommunication facilities within the City of Ashland;
    3. This Subsection reserves to the City of Ashland all authority contained in state law and this Ordinance regarding land use, zoning, and regulation that has not been preempted by the federal government pursuant to Section 704 of the Telecommunications Act of 1996 (or subsequent amendments) as to the placement, construction, and modification of personal wireless service facilities;
    4. This Subsection does not apply to the use or location of private, residential citizen band radio towers, amateur radio towers or television antennas, or public safety communication facilities owned or operated by the City of Ashland or other governmental entity;
  3. Permits required. All wireless telecommunication facilities shall require the issuance of a building permit. In addition, all wireless telecommunication facilities shall require the issuance of a conditional use permit, except as exempted below:
    1. City-owned water towers. Wireless telecommunication antennas shall be permitted upon city-owned water towers provided the applicant has incorporated the applicable performance standards specified in this Subsection, a lease agreement with the City has been approved by the Common Council, a development permit and a building permit have been obtained, and all applicable fees have been paid;
    2. Co-location on existing towers or structures. Wireless telecommunication antennas shall be permitted to be attached to existing, conforming, steeples, bell towers, smokestacks, public and institutional buildings, and radio towers in accordance with the applicable co-location requirements and performance standards of this Subsection, and after the applicant has provided the City a written statement of approval from the tower or structure owner or lessor, has obtained a development permit and a building permit from the City, and has paid all applicable fees. The antenna shall not serve to extend the height of the existing, conforming, steeple, tower, smokestack or radio tower, by more than fifteen (15) feet;
    3. Utility poles. Wireless telecommunication antenna shall be permitted to be attached to utility poles after the applicant has provided a written statement of approval from the utility owner or lessor, has obtained a development permit and a building permit from the City, and has paid all applicable fees. The height of the antenna shall not exceed fifteen (15) feet above the pole. Existing lattice constructed utility pole structures may also be used provided the approval of the owner and a development permit and building permit is obtained.
  4. Permit application requirements. In addition to the application requirements specified in Part 3: Application, Review, and Approval Procedures relating to conditional use permits, development permits, and building permits, applicants shall provide the following additional application materials:
    1. A document from the owner or lessor that allows the applicant to apply for a conditional use permit and/or development permit and building permit to erect a wireless telecommunication facility;
    2. An accurate site plan that shows parcel lines, location of wireless communication tower or antenna setback distances, any accessory equipment or structure, and proposed fencing and landscaping;
    3. An illustrative drawing showing how the wireless communication facility will be as aesthetically in keeping with the surroundings as possible;
    4. Sufficient information to show that the construction, installation, and maintenance of the wireless telecommunication facility will not create a safety hazard or damage to property of other persons;
    5. A report or plan from a qualified and registered engineer or firm that specifies the tower height and design (including cross-sections and elevations); the height above grade for all potential mounting positions for co-location antennae and the minimum separation distances between antennae; structural mounting designs and materials list; and the capacity of the tower (including the number and type of antennae that the tower can accommodate). As applicable, an engineer’s stamp and number shall be required;
    6. Structural and electrical plans showing how the proposed tower will accommodated the co-location of the applicants antenna and comparable antennas of additional users; and the plans and specification whereby the proposed tower is designed to allow for future rearrangement of antennas to accommodate additional users and the mounting of additional antennas at varying heights;
    7. Plans and specifications showing how the proposed facility will be maintained in keeping with all applicable codes and ordinances.
  5. Inspection. The Building Inspector or Designated Authorized Agent may, at any time, inspect any wireless telecommunication facility to ensure its structural integrity. If upon such inspection it is determined that the facility fails to comply with such applicable codes and/or ordinances, and that such failure constitutes a danger to persons or property, then upon notice being provided to the owner of the facility, the owner shall have thirty (30) days to bring the facility into compliance with applicable codes and standards. Failure to bring the facility into compliance within the said thirty (30) days shall constitute cause for removal at the owner’s expense.
  6. Non-interference. All new or existing wireless telecommunication facilities shall comply with all relevant Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) standards and shall not interfere with public safety and other city and private telecommunication operations.
  7. Insurance. The applicant shall provide the City with proof of liability insurance that protects against losses due to personal injury or property damage resulting from the construction, operation, or collapse of the tower, antennae, or accessory equipment.
  8. Co-location requirements. An application for a new wireless telecommunication tower shall document that co-location is not feasible, in that the antenna planned for the proposed tower cannot be reasonably accommodated,
    1. on a City-owned water tower;
    2. on an existing and conforming co-location tower or structure; or
    3. on an existing utility pole.
      
      The application shall document that existing co-location options, both within and transcending the municipal borders is not feasible. In addition, the application shall document, for the purpose of providing service to the residents and businesses of the City of Ashland, co-location of the tower would do one or more of the following:
      1. The antenna would exceed the structural capacity of the existing or approved tower or structure;
      2. The antenna would cause interference with other existing or planned equipment at the tower or structure;
      3. Existing or approved towers or structures cannot reasonably accommodate the antenna at a height necessary for the proposed antenna to provide service to the residents and businesses of the City of Ashland;
      4. Existing or approved structures suitable for the antenna are outside the documented search area;
      5. The owners or lessors of the existing or approved towers and structures are unwilling to allow co-location upon their facilities.
  9. Performance standards. The following performance standards apply to all wireless telecommunication facilities erected, constructed, placed, modified or replaced in the City of Ashland. All wireless telecommunication facilities shall be designed and situated to be visually unobtrusive, to minimize the impact on neighboring uses, and shall conform to the following design and siting criteria:
    1. Height. In a residential district, or on residential properties, a wireless telecommunication facility shall not exceed sixty (60) feet in height. In all zoning districts, the height shall comply with City of Ashland Ordinance 453.
    2. Setbacks. The minimum setback from any parcel line, public right-of-way, building or structure, except for accessory buildings or equipment structures, for a wireless telecommunication tower shall be equal to one hundred (100) percent of the height of the tower. Setbacks for accessory buildings and equipment structures associated with wireless telecommunication facilities shall comply with the zoning district in which the facility is located.
    3. Accessory equipment structures. All accessory equipment structures adjacent to an antenna system and/or tower shall be screened or architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district.
    4. Fencing. Pursuant to the conditions of the approved conditional use permit, appropriate safety fencing shall be incorporated within the site accommodating the tower and accessory equipment structures.
    5. Landscaping and screening. Pursuant to the conditions of the approved conditional use permit, proper landscaping and screening shall be incorporated into the site accommodating a tower and its accessory equipment.
    6. Color. The wireless telecommunication tower and antenna shall be a neutral color such as a light gray or sky blue, except as may be otherwise dictated by the Federal Aviation Administration (FAA), and be designed to minimize visibility and to blend into the surrounding environment.
    7. Materials and wind loads. Towers and antennas shall be designed to withstand applicable wind load requirements as prescribed in the applicable building codes. Towers and/or antenna systems shall be constructed of, or treated with, corrosive resistant material. A regular maintenance schedule shall be followed.
    8. Roof mounted wireless telecommunication antennas. Roof mounted wireless telecommunication antennas shall not be permitted on pitched roofs, unless they are stealth antenna incorporated into upward thrusting architectural elements, such as a steeple, spire, bell tower, or smoke stack. On flat roofs, the height of the antenna and mounting hardware may not be more than fifteen (15) feet above the highest point of the roof to which the antenna is attached.
    9. Structurally mounted wireless telecommunication antennas. A wireless telecommunication antenna mounted to the side of a building, shall be attached flush to the side of the building and shall not protrude more than three (3) feet from the side of the building. Structurally mounted antennas not affixed to towers shall be made to blend into the design and contours of the structure.
    10. Lights. No antenna or tower shall have lights, reflectors, flashers, daytime strobes, steady night lights, or other illuminating devices affixed or attached to it in any way, except as may otherwise be required by the Federal Aviation Administration (FAA). Lights shall also comply with an AIR-O Airport Overlay.
    11. Signs and advertising. No signs and/or advertising message, excluding communication call letters or frequencies, shall be affixed to the antenna or tower structure.
    12. Other attachments. No antenna or tower shall have constructed thereon, or attached thereto, any platform, catwalk, crow’s nest, or similar structure for the purpose of human support, except during periods of construction or repair.
  10. Obsolete or abandoned towers. All obsolete, damaged, unused, or abandoned wireless telecommunication towers and accompanying accessory structures shall be removed within twelve (12) months of the cessation of operations unless a time extension is approved by the Common Council. If the tower is not removed, it may be deemed a nuisance pursuant to Wisconsin Statutes. In the event a tower obsolete or abandoned tower is determined to be a nuisance, the City may act to abate such nuisance and require the removal of the tower at the owner’s expense. The owner shall provide the City with a copy of the notice of the Federal Communications Commission (FCC) intent to cease operations and shall be given twelve (12) months from the date of ceasing operations to remove the obsolete or abandoned tower and all accessory structures. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of twelve (12) consecutive months. The equipment on the ground is not to be removed until the tower structure has first been dismantled. After the facilities have been removed, the site shall be restored to its original condition, or to an improved state.
3. Applicability. This section 5.4A applies to communication equipment that is not regulated under section 5.4E.
Communication Equipment: Minor.
1. Amateur radio. Amateur radio tower installed, erected, maintained and/or operated by a federally licensed amateur radio operator shall be permitted with the issuance of a development permit and building permit provided that the antenna use involved is accessory to the primary use of the property, which is not a telecommunication facility; on residential property, no more than one support structure for licensed amateur radio operator is allowed on a parcel; and sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
2. Television antenna.
  1. Development permit and building permit required. Except as otherwise contained herein, it shall be unlawful for any person to install, either as owner or agent, servant or employee of the owner, or as an independent contractor for the owner, or otherwise, any outside antenna for television receiving apparatus or equipment or any additions to, or substitutions for, such additions or substitutions therefore, until a development permit and building permit has first been obtained from the Building Inspector or Designated Authorized Agent. A permit shall not be required for a roof mounted antenna not exceeding eight (8) feet in height over the highest peak of the roof.
  2. Certificate of approval required. It shall be unlawful for any person to make use of, or maintain in place, any outside antenna for television receiving apparatus or equipment unless and until the same has been inspected and approved by the Building Inspector and a certificate of approval issued therefore.
  3. Height. In residential districts, or on residential property, freestanding mast-type television antennas shall not exceed sixty (60) feet in height.
  4. Mechanical construction and guying. The television antenna system shall comply the following standards relating to mechanical construction and guying:
    1. Television antenna systems shall be made of non-corrosive material consistent with the standards of the Underwriter Laboratories, Inc., in compliance with the now current issue of such standards except as the same are herein specifically varied. Television antenna systems installed on roofs musts be mounted on their own platforms or plate covering two or more parallel rafters of roof and securely anchored. The antenna and mast may be of design with a heavy base to make it self-supporting.
    2. In all cases, where possible and practical, the tower or mast support shall, unless of the self-supporting type, be supported from the vertical wall of the building. No such system may be mounted so as to project over any street, sidewalk, alley, or public thoroughfare, or in such a manner as might be a hazard to public safety or endanger electric power and communication lines in periods of high winds.
    3. Any television antenna mast over ten (10) feet in height shall be supported by at least four (4) guy wires. Towers or mast supports constructed of a single pipe or a series of lengths of pipe telescoped shall require four (4) guy wires at each joint or at such joints as are considered to be adequate for support, or within the standards of accepted engineering practices.
    4. The television antenna system shall be so designed and erected as to withstand the pressure of an eighty (80) mile per hour wind.
    5. Where the height of any television antenna system is twenty-five (25) feet or over, a detailed sketch thereof and the location of the antenna with respect to the sidewalks and existing electric or communication lines, shall accompany the application for a development permit and building permit; and such sketch shall comply with all the requirements of this Ordinance.
    6. Anchor points for guy wires must be secured to withstand a strain of at least six hundred (600) pounds of guy wire. Rawl plugs may not be used for anchor points.
    7. Guy wires must be of non-corrosive material with a tensile strength of at least six hundred (600) pounds.
    8. Poles used for electric power or communication lines shall not be used for guying television antenna systems in any manner whatsoever.
    9. Miscellaneous hardware, such as brackets, turn buckles, and thimble clips, shall be hot dipped galvanized or similarly treated for weather protection and be able to withstand a strain of six hundred (600) pounds.
  5. Transmission lines. The television antenna system shall comply with the following standards relating to transmission lines:
    1. Transmission lines shall be of a type consistent with standards of the Underwriter Laboratories, Inc., in accordance with the now current issue of such standards and must be kept at least six (6) inches from existing telephone and electric wires.
    2. The transmission line shall not be attached to the same cross armor supports for light, power, or communication conductors, and shall not come within six (6) feet of a lightning rod.
    3. The wires from the television antenna mast on the outside of the building wall shall be supported in a manner to hold the wires taut on both horizontal and vertical runs. They shall be protected and insulated when entering buildings by use of an insulating tube and where exposed to mechanical injury shall be suitably protected. They shall have a permanent separation of two (2) feet from open wires up to two hundred fifty (250) volts potential, and greater separation at higher voltages.
    4. The transmission line shall be suitably insulated. The wires shall be supported by approved brackets and standoff insulators placed at least every ten (10) feet on the side of the building.
  6. Lightning arresters. The television antenna system shall comply with the following standards relating to lightning arresters:
    1. Lightning arresters shall be of a type consistent with the standards of Underwriter Laboratories, Inc., in accordance with the new current issue of such standards. Both sides of the line shall be adequately protected with proper resistors or neon lights to remove the static charges accumulated on the line and shall match the transmission line at television frequencies.
    2. The arresters shall be located outside the building, if practical. If the arresters must be placed inside the building, they shall be located at the nearest accessible space where the transmission line enters the building, away from combustible materials, and not in hazardous locations. If installed outdoors, it shall be connected to an electrode installed in accordance with the requirements of the state electrical code.
    3. When lead-in conductors of polyethylene ribbon type are used, lightning arresters shall be installed in each conductor. If a coaxial cable is used for the lead-in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheaths.
  7. Grounding. The television antenna system shall comply with the following standards relating to grounding:
    1. Television antenna systems shall be adequately grounded for protection against a direct stroke of lightning. Ground wires shall be a minimum No. 8 aluminum or copper for grounding masts and lightning arresters, and shall be mechanically and electrically secured to the antenna mast and grounding electrode by the use of approved fittings. The grounding conductor shall be run in as straight a line as practical.
    2. The ground electrode for the television antenna mast may also serve as the ground electrode for the lighting arrester.
    3. In the case where coaxial cable is used, it is permissible to ground the antenna mast to the shield of the cable.
3. Satellite dish three (3) feet or less in diameter.
  1. Permitted locations. In any district, satellite dishes that are less than three (3) feet in diameter shall be located in the rear or side yard, or located on a principal or accessory building. In no case shall a satellite dish be located in the front yard or corner street side yard.
  2. Variance for location. In the event that a usable signal cannot be obtained by locating the satellite dish in locations permitted by this Ordinance, the Board of Appeals may grant a variance, following proper variance procedures, to allow the placement of a satellite dish in another location.
  3. Advertising or graphic designs. No advertising or graphic designs are permitted on satellite dishes.
  4. Development permit not required. A development permit shall not be required for a roof mounted satellite dish three (3) feet or less in diameter.
4. Temporary communication structures. The temporary use of wheeled communication structures, properly anchored, shall be accepted, but they shall not remain at any given location for more than thirty (30) days and shall be registered with the Zoning Administrator or Designated Authorized Agent if they are going to be used for more than seventy-two (72) hours.
Utility Facilities. All structures associated with a utility facility shall meet the setbacks for principal structures in the subject zoning district and shall be adequately landscaped and screened pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Wind Energy Facility.
1. Intent. The intent of this Subsection is as follows:
  1. Oversee the permitting of wind energy facilities in the City of Ashland; and
  2. Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of the wind energy facility pursuant to Section 66.0401 of the Wisconsin Statutes.
2. General provisions.
  1. Authority. This Subsection is adopted pursuant to the authority granted in Section 62.23(7) of the Wisconsin Statutes and Section 66.0401 of the Wisconsin Statutes.
  2. Applicability. The requirements of this Subsection shall apply to all wind energy facilities proposed after the effective date of this Subsection. Wind energy facilities for which a required permit has been properly issued before the effective date of this Subsection shall not be required to meet the provisions of this Ordinance; provided, however, that any such pre-existing wind energy facility that does not provide energy for a continuous period of twelve (12) months shall meet the requirements of this Subsection prior to recommencing production of energy. However, no modification or alteration to an existing wind energy facility shall be allowed without full compliance with this Ordinance.
  3. Conditional use permit required. Approval of a conditional use permit shall be required for the installation of a wind energy facility. In addition to the general conditional use permit requirements described in Section 3.9: Conditional Use Permit, a conditional use permit application for installation of a wind energy facility shall include the following:
    1. Parcel lines and physical dimensions of the parcel;
    2. Locations, dimensions, height, and types of existing major structures on the parcel;
    3. Location of the proposed wind energy facility;
    4. The right-of-way of any public road that is contiguous with the parcel;
    5. Any overhead utility lines;
    6. Wind energy facility specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed); and
    7. Tower and tower foundation drawings.
  4. Building permit required. A building permit pursuant to Section 3.32: Building Permit shall be required for the installation of a wind energy facility.
  5. Abandonment.
    1. A wind energy facility that is out of service for a continuous twelve (12) month period shall be deemed to have been abandoned. The Zoning Administrator or Designated Authorized Agent may issue a notice of abandonment to the owner of the wind energy facility that is deemed to have been abandoned. The owner shall have the right to respond the notice of abandonment within thirty (30) days of notice receipt date. The Zoning Administrator or Designated Authorized Agent shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind energy facility has not been abandoned.
    2. If the wind energy facility is determined to be abandoned, the owner of the wind energy facility shall remove the wind generator from the tower at the owner’s sole expense within three (3) months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the Zoning Administrator or Designated Authorized Agent may pursue a legal action to have the wind generator removed at the owner’s expense.
3. Design standards. A wind energy facility shall be permitted in all zoning districts after issuance of a conditional use permit and subject to the following standards:
  1. Capacity and total height. A wind energy facility shall have a nameplate capacity of one hundred (100) kilowatts or less and shall have a total height, as measured from ground level to the tip of a wind generator blade when the tip is at its highest point, of one hundred seventy (170) feet or less. The total height of the wind energy facility shall not exceed the allowable height specified in the City of Ashland Ordinance 453 pursuant to the provisions of this Ordinance. If the height in this section is greater than that maximum height allowable for each zoning district, the maximum height allowed by this section shall govern.
  2. Setbacks. A tower for a wind energy facility shall be set back a distance equal to its height from the following:
    1. Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;
    2. Any overhead utility lines, unless written permission is granted by the affected utility; and
    3. All parcel lines, unless written permission is granted from the affected property owner or neighbor.
  3. Access. Access to the wind energy facility shall be controlled as follows:
    1. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access; and
    2. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above the ground.
  4. Noise. Audible noise from wind energy facilities shall not exceed fifty (50) dB(A) when measured from the outside of the nearest residence, business, school, hospital, religious institution, or other inhabited structure. In the event the noise emitted from the wind energy facility contains a steady pure tone such as a whine, screech, or hum the wind energy facility shall not exceed forty-five (45) dB(A) when measured outside the nearest inhabitable structure.
  5. Electrical wires. All electrical wires associated with a wind energy facility, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
  6. Signal interference. The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone, or television signals caused by the wind energy facility.
  7. Lighting. A tower and wind generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration or the City of Ashland to minimize potential air navigation hazards. Lighting shall also be consistent with an AIR-O Airport Overlay.
  8. Appearance, color, and finish.
    1. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless required otherwise as a condition of the conditional use permit.
    2. The design of wind energy facility related buildings and structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the buildings and structures to the natural setting and the existing environment.
  9. Signs. All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a wind energy facility are prohibited.
  10. Code compliance. A wind energy facility, including the tower, shall comply with all applicable state construction and electrical codes, and the National Electrical Code.
  11. Utility notification and interconnection. A wind energy facility that connects to the electric utility shall comply with the Public Service Commission of Wisconsin’s Rule 119, Rules for Interconnecting Distributed Generation Facilities.
  12. Meteorological tower. Meteorological towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a wind energy facility.
Mobile Tower Siting Ordinance.
1. Definitions. In this section:
  1. "Antenna" means communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
  2. "Application" means an application for a permit under this section to engage in an activity specified in sub. (2) (a) or a class 2 collocation.
  3. "Class 1 collocation" means the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility but does need to engage in substantial modification.
  4. "Class 2 collocation" means the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility or engage in substantial modification.
  5. "Collocation" means class 1 or class 2 collocation or both.
  6. "Distributed antenna system" means a network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
  7. "Equipment compound" means an area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.
  8. "Existing structure" means a support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with a political subdivision.
  9. "Fall zone" means the area over which a mobile support structure is designed to collapse.
  10. “Mobile service” means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (A) both one-way and two-way radio communication services, (B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.
  11. "Mobile service facility" means the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.
  12. "Mobile service provider" means a person who provides mobile service.
  13. "Mobile service support structure" means a freestanding structure that is designed to support a mobile service facility.
  14. “Public utility” means a public utility as defined in Section. 196.01, Wis. Stats.
  15. "Search ring" means a shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.
  16. "Substantial modification" means the modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
    1. For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
    2. For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more.
    3. Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.
    4. Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
  17. "Support structure" means an existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.
  18. "Utility pole" means a structure owned or operated by an alternative telecommunications utility, as defined in Section 196.01 (1d)Wis. Stats.; public utility, as defined in s. 196.01 (5) Wis. Stats.; telecommunications utility, as defined in s. 196.01 (10) Wis. Stats.; political subdivision; or cooperative association organized under Chapter 185 Wis. Stats.; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Section 182.017 (1g) (cq) Wis. Stats.; for video service, as defined in Section 66.0420 (2) (y) Wis. Stats.; for electricity; or to provide light.
2. New construction or substantial modification of facilities and support structures.
  1. Any person seeking to engage in either of the following activities must submit an application for a conditional use permit as described in subsection (b), together with the applicable fee, to the Zoning Administrator. Either of the activities described in this section is a conditional use in all zoning districts.
    1. The siting and construction of a new mobile service support structure and facilities.
    2. With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities.
  2. The application which a person must complete to engage in the siting, construction, or modification activities described in par. (a) shall be in writing and shall contain all of the following information:
    1. The name and business address of, and the contact individual for, the applicant.
    2. The location of the proposed or affected support structure.
    3. The location of the proposed mobile service facility.
    4. If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
    5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
    6. If an applicant is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
  3. If an applicant submits to an application for a permit to engage in an activity described under par. (a), which does not contain all of the information required under par. (b), the Zoning Administrator shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
  4. Within 45 days of receipt of a complete application, the Zoning Administrator shall review the application to determine whether it complies with all applicable aspects of the City's building code and, subject to the limitations in this section, zoning ordinances.
  5. Within 90 days of receipt of a complete application, the City Council shall make a final decision whether to approve or disapprove the application and shall, within the same 90 day period, notify the applicant, in writing, of its final decision.
  6. If the decision of the City Council is to disapprove the application, the Zoning Administrator shall include with the written notification substantial evidence which supports the decision.
  7. The 90 day time period set forth in subsection (e), above, may be extended by agreement of the City and applicant.
  8. The City Council may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under subsection (b) (6).
  9. A party who is aggrieved by the final decision of the City Council may bring an action in the circuit court of Ashland County.
  10. If an applicant provides the City with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback required in the zoning district in which the facility is proposed, this ordinance does not apply to such a structure unless there is substantial evidence, which the City provides to the applicant, that the engineering certification is flawed.
3. Collocation on existing support structures.
  1. A class 2 collocation is a permitted use in all zoning districts.
  2. A class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.
  3. Any person seeking to engage in a class 2 collocation shall submit an application for a development permit and site plan approval together with the applicable fees, to the Zoning Administrator. The application shall contain all of the information required under subsection (2) (b) (1) to (3). If any of the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within 5 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
  4. Within 15 days of receipt of a complete application, the Zoning Administrator shall review the application to determine whether it complies with all applicable aspects of the law.
  5. Within 45 days of receipt of an application, the City Council shall make a final decision whether to approve or disapprove the application, and shall, within the same 45 day period, notify the applicant, in writing, of its final decision, and if the application is approved, shall issue the applicant the relevant permit.
  6. If the decision is to disapprove the application, the Zoning Administrator shall include with the written notification substantial evidence which supports the decision.
  7. The 45 day period set forth in subsection (e), above, may be extended by agreement of the City and applicant.
  8. A party who is aggrieved by the final decision of the City Council under par. (e) may bring an action in the circuit court of Ashland County.
4. Limitations. With regard to an activity described in subsection (2) (a) or a class 2 collocation, the City Council shall not do any of the following:
  1. Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers.
  2. Permit third-party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications.
  3. Disapprove an application to conduct an activity described under subsection (2) (a) based solely on aesthetic concerns.
  4. Disapprove an application to conduct a class 2 collocation on aesthetic concerns.
  5. Prohibit the placement of emergency power systems.
  6. Require that a mobile service support structure be placed on property owned by the City.
  7. Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting.
  8. Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the City at less than the market rate, or to provide the City other services via the structure or facilities at less than the market rate.
  9. Limit the duration of any permit that is granted.
  10. Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in collocation.
  11. Disapprove an application based on an assessment of the suitability of other locations for conducting the activity.
  12. Require that a mobile service support structure, existing structure, or mobile service facilities have or be connected to backup battery power.
  13. Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures.
  14. Consider an activity a substantial modification under subsection (1) (q) (1) or (2) if a greater height is necessary to avoid interference with an existing antenna.
  15. Consider an activity a substantial modification under sub. (1) (q) (3) if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.
  16. Limit the height of a mobile service support structure to under 200 feet.
  17. Condition the approval of an application on, or otherwise require, the applicant's agreement to indemnify or insure the City in connection with the City's exercise of its authority to approve the application.
  18. Condition the approval of an application on, or otherwise require, the applicant's agreement to permit the City to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, the City or an entity in which the City has a governance, competitive, economic, financial or other interest.
5. Collocation preference.
  1. As a matter of municipal policy, the City strongly supports collocation. Applicants proposing new construction shall have the burden of demonstrating the necessity of new construction in lieu of collocation. Facilities proposed for approval shall generally be sized and designed to allow flexibility for addition of more facilities by the same applicant entity or other entities, and the City may negotiate terms and conditions facilitating collocation. Once approved, additional antennas and accessory facilities may be added to a site in accordance with the sharing conditions of the conditional use approval.
  2. Permittees shall exercise good faith in collocating and/or clustering with other communication companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the applicant and complaining user, and such a requirement shall be deemed a condition of any conditional use permit or development permit approved hereunder.
6. Additional criteria and requirements for conditional use permit and development permit and site plan approval.
  1. All changes made to towers exceeding what was requested in the original application or otherwise legally existing at the date of adoption of this section, including, but not limited to, adding microwave dishes, or increasing the height, or profile, shall require review and approval by the Plan Commission.
  2. All towers and sites shall be properly maintained and shall be kept in a condition as not to become a public nuisance or eyesore. Proper maintenance shall include, but not be limited to, regular lawn and landscaping care, painting of an accessory building, fences, and tower. Additionally, the site shall be kept clear of junk and trash.
  3. Landscaping and other requirements. As part of permitting and site plan approval under Sections (2) and (3), the Plan Commission may prescribe landscaping, screening, fencing, and other incidental requirements as a condition of approval, provided no such requirement is prohibited under Section (4).
  4. Every three years, beginning with the adoption of this section or following completion of construction of a tower, whichever is later, the owner of the tower shall submit to the Zoning Administrator a report from a structural engineer or other expert acceptable to the Zoning Administrator reflecting the fact that such tower is structurally sound and does not pose any threat to life or property.
  5. Obsolete or abandoned towers shall be treated as provided in Section 5.4A(2)(j).
  6. No apparatus shall be attached to any tower except as approved by the Plan Commission. Apparatus attached legally to existing towers prior to enactment of this section may remain but not be increased in any way except with approval of the Plan Commission. Plan Commission approval for additional apparatus will be granted only after the applicant demonstrates a need for additional apparatus.
7. Surety required. Prior to final approval for a new mobile service facility, the owner shall furnish a financial guarantee in the form of a letter of credit to the City in the amount of twenty thousand dollars ($20,000). Funds from the letter of credit may be used by the City to pay any professional fees associated with the removal of the tower or restoration of the site upon which it is located.
8. Construction and Severability.
  1. This ordinance shall be construed to be in conformity with Sec. 66.0404, Wis. Stats. Should any provision hereof be inconsistent with any provision of Sec. 66.0404, the provision of Sec. 66.0404 shall control.
  2. Should any section or subsection of this ordinance be found by a court of competent jurisdiction to violate any provision of Sec. 66.0404, Wis. Stats., or any other law, the remainder of this ordinance shall not be affected thereby.

5.5 Temporary Or Seasonal Uses

Model Home. A model home use shall only be allowed in those zoning districts where it permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit. In addition, a model home use shall be consistent with all of the following standards:
1. Office use. No more than fifteen (15) percent of the area of the model home’s main floor shall be used for office area.
2. Spacing. Model homes shall have at least five hundred (500) feet of separation between other model homes. Model homes may have less than five hundred (500) feet of separation if located on separate conforming parcels, and if all required setbacks are met for that zoning district.
3. Allowable time before model home must cease its use as a model home. A model home shall not be used a model home for a period of more than two (2) years. After which, the model home must be converted to a use permitted in the zoning district.
4. Hours of operation. Hours of operation for showing of the model home shall be between 8:00 AM and 8:00 PM, or other reasonable times as may be required by the conditions of an approved conditional use permit.
5. Advertising. Advertising placed on the same parcel with such model home shall be limited to a real estate “For Sale” sign, not to exceed an area of six (6) square feet.
Temporary Construction Building. A temporary construction building shall be permitted after issuance of a development permit (and any other required permits) and shall be removed at or before the time of completion of the construction project.
Temporary Real Estate Office. The sales office and any associated model homes or units shall be open only until the homes or units specifically being marketed are sold out and only between the hours of 8:00 AM and 8:00 PM.
Seasonal Market.
1. General applicability. Seasonal market uses, as defined by this Ordinance, shall be allowed after issuance of a development permit and any other applicable permits, including a building permit, pursuant to the following:
  1. The seasonal market shall be located on the parcel owned or leased by the operator of the seasonal market. Alternatively, the market operator may furnish the Zoning Administrator or Designated Authorized Agent with written evidence that the property owner has given the operator permission to use the parcel for a seasonal market. A certificate of occupancy shall not be required for a seasonal market meeting the requirements of this Subsection.
  2. If fish sales, flowers, plants, Wisconsin-grown farm products, or holiday trees constitute at least seventy-five percent (75%) of the merchandise offered for sale, the activity shall be limited to not more than ninety (90) days in one (1) calendar year. Otherwise, the duration of the seasonal market shall be limited to not more than fourteen (14) days in one (1) calendar year.
  3. The seasonal market shall not produce glare or spill light or noise in violation of this Ordinance.
  4. Signage shall be limited to two (2) signs and a total display area of twenty four (24) square feet for all signs combined.
  5. Sales shall occur between the hours of 7:00 AM and 10:00 PM
  6. The site shall be restored to its previous condition following termination of the seasonal market.

5.6 Accessory Uses And Other Uses

Accessory Building. Accessory buildings shall comply with the following conditions:
1. Size of accessory buildings on residential parcels.
  1. An accessory building on a residential parcel may not occupy more than twenty-five (25) percent of a required rear yard or thirty-five (35) percent of any non-required rear yard. In no instance shall the accessory building exceed the ground floor area of the principal building.
2. Measurement of setbacks. Measurement of setbacks for accessory buildings shall be consistent with Section 6.1 B., 1.: Measurement of Setbacks.
3. Separation from principal buildings. Accessory buildings shall be at least six (6) feet from the principal building situated on the same parcel.
4. Accessory buildings in front yards limited.
  1. No accessory building shall be permitted nearer to the front parcel line than the minimum allowed setback from the front parcel line in the subject zoning district for the principal buildings or the average setback of the principal buildings on parcels immediately adjoining the parcel on the same side of the street, whichever is Jess.
  2. Parcels that are in the FD Future Development, R-E Residential Estate, LI Light Industrial and HI Heavy Industrial, and are a minimum of five (5) acres may locate an accessory building nearer the front parcel line than the principal building, but not nearer the minimum required setback from the front parcel line for a principal building.
5. Accessory building interior side and rear setbacks. Accessory buildings shall not be located Jess than three (3) feet from the interior side or rear parcel lines. Where a vehicle entrance to an accessory building faces an alley right-of-way, the accessory building shall not be located less than ten (10) feet from the parcel line abutting the alley.
6. Accessory building setback on corner parcels. No accessory building shall be permitted nearer to the comer street side parcel line than the minimum allowed setback from the comer street side parcel line in the subject zoning district for principal buildings, or the average setback of the four (4) or less nearest principal buildings and accessory garages along the same side of the street, whichever is less. In no case shall an accessory building be located within the required vision triangle as specified in Section 6.1: General Standards.
7. Accessory building height. No accessory building shall exceed twenty feet (20) feet and one (1) story in height, except in the case of an accessory building containing an accessory dwelling unit located above a garage constructed on a parcel already containing a principal building. No accessory building consisting of a garage and accessory dwelling unit shall exceed 25 feet in overall height. In the case of the Future Development zoning district an accessory building may have a 35-foot maximum height limit if it is located on a parcel where a principal structure already exists. Accessory building height shall be measured in accordance with Section 6.1 C.: Building Height.
8. Accessory building attached to principal building. When an accessory building is structurally attached to a main principal building or located within six (6) feet of the principal building, it shall be subject to, and must conform to, all regulations of this Ordinance applicable to principal buildings.
9. Conversion of accessory building to dwellings limited. The conversion of any accessory building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for a similar occupancy would be permitted under this Ordinance, and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum parcel area, parcel area per dwelling unit, percentage of parcel coverage, dimensions of yards and other open spaces, and off-street parking.
10. Accessory buildings without a principal building. No accessory building shall be erected or constructed prior to the erection or construction of the principal building, except:
  1. Personal storage building. A personal storage building may be constructed as a principal building pursuant to Section 5.6, H.: Personal Storage Building as a Principal Building. Regardless of zoning district such a building shall be limited to twenty (20) feet and one story in height and shall not include living quarters. No building containing an accessory dwelling unit shall be constructed prior to the construction of a principal building on a parcel.
  2. Recreation accessory buildings. An accessory building may be constructed on public lands or at a commercial recreation facility, including campgrounds and outdoor shooting ranges, when the land or facility is issued a permit for, or approved by, the Zoning Administrator or Designated Authorized Agent, as a principal use.
11. Appearance. The architectural appearance of accessory buildings should be visually compatible with the principal building relative to color, materials, and form.
12. Accessory buildings in the FD Future Development District. Accessory buildings over twelve hundred (1,200) square feet in the FD Future Development District shall comply with Section 4.37, D Design Standards and Guidelines for Agricultural Buildings and Other Accessory Buildings.
Accessory Structures. Accessory structures, not elsewhere defined or regulated, shall comply with the following conditions:
1. Size of accessory structures on residential parcels.
  1. An accessory structure on a residential parcel may not occupy more than twenty-five (25) percent of a required rear yard or thirty-five (35) percent of any non-required rear yard. In no instance shall the accessory structure exceed the ground floor area of the principal building.
2. Measurement of setbacks. Measurement of setbacks for accessory structures shall be consistent with Section 6.1 B., I.: Measurement of Setbacks
3. Accessory structure height. No accessory structures shall exceed twenty feet (20) in height and one (1) story, except in the case of an accessory structure containing an accessory dwelling unit located above a garage constructed on a parcel already containing a principal building. No accessory strncture consisting of a garage and accessory dwelling unit shall exceed 25 feet in overall height. In the case of the Future Development zoning district an accessory structure may have a 35-foot maximum height limit if it is located on a parcel where a principal structure already exists. Accessory structure height shall be measured in accordance with Section 6.1 C: Building Height.
4. Storage canopy. Storage canopies as defined shall comply with the following conditions.
  1. Storage canopies shall be located in an interior side yard or rear yard
  2. Shall be limited to one (1) storage canopy per parcel
  3. Shall be located no closer than three (3) feet from any parcel line and shall maintain a six (6) foot separation from any principal or accessory building
  4. Shall not be located on a vacant parcel
  5. Shall be maintained in a reasonable state of repair to prevent them from becoming a public nuisance
  6. Shall be securely anchored and stabilized so as not to shift in the wind or present a public safety hazard.
5. Accessory structures without a principal building. An accessory structure may be constructed on public lands or at a commercial recreation facility, including campgrounds and outdoor shooting ranges, when the land or facility is issued a permit for, or approved by, the Zoning Administrator or Designated Authorized Agent, as a principal use.
6. Other standards. Accessory structures shall meet all other applicable standards pursuant to Section 6.1 B Setbacks, Section 6.1 D: Impervious Coverage, Section 6.1 H: Vision Triangle, Section 6.7: Exterior Lighting and all other applicable standards identified with the approval or permit.
Animals: Keeping of. The regulations of this Subsection are established to permit the keeping of domestic and family farm animals and honey bees to promote the goals and benefits of urban homesteading, including productive use of private property, personal food choice, family subsistence, community food security, sustainability, and animal welfare, in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Also refer to Chapter 951 of the Wisconsin State Statutes for state regulations.
1. Domestic animals. In any residential district, or in conjunction with any existing residential uses in any other district, there may be kept a total of not more than four (4) domestic animals, excluding any dogs or cats less than twelve (12)weeks in age, or rabbits or chickens pursuant to the specific requirements of this Ordinance. No part of any enclosure or pen for domestic animals shall be located less than ten (10) feet from the parcel line. Keeping dogs for the purpose of breeding or sale shall require a license pursuant to City of Ashland Ordinance 351.
2. Family farm animals. The raising of family farm animals shall occur only in those districts where allowed by this Ordinance and only if the subject parcel has a minimum area of twenty thousand (20,000) square feet.
  1. Small. Ten (10) small family farm animals shall be allowed for each twenty thousand (20,000) square feet of parcel area. No part of any enclosure or pen for family farm animals shall be located less than ten (10) feet from the parcel line.
  2. Large. Two (2) large family farm animals shall be allowed for every five (5) acres of parcel area. No part of any enclosure or pen for family farm animals shall be located less than ten (10) feet from the parcel line, except parcels in the FD district.
  3. Future Development (FD) District parcels. An enclosure or pen for family farm animals may be located on the parcel line for all properties five (5) acres or more and pursuant to Chapter 90 of the Wisconsin State Statutes.
3. Beekeeping.
  1. Intent. The intent is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of honey bees in populated areas.
  2. Beekeeping allowed. Beekeeping shall be allowed in all districts allowing the raising of family farm animals. In addition, beekeeping may be allowable in any zoning district that does not allow the raising of family farm animals pursuant to the conditions stated in subparagraph d. Colony densities.
  3. Permit required. Beekeepers are required to obtain a permit from the Zoning Administrator or Designated Authorized Agent for all apiaries, identifying the locations of hives and number of colonies prior to establishment pursuant to Section 3.46: Keeping of Animals Permit. Once a permit is applied for, all neighboring property owners whose parcel line is within one-hundred (100) feet of any hive shall be provided written notification by the Department of Planning and Development. Neighboring property owners shall be allowed fourteen (14) days from the date the notification was mailed to contact the Planning and Development office with an objection to the permit issuance if one or more person residing at the property is allergic to honeybees. If such an objection is made, the permit may be denied. If no objections are made, and the permit is issued, the City reserves the right to revoke the permit should a neighboring property owner discover a person residing on the property has an allergic reaction to honeybees at a later date.
  4. Densities. A maximum of two (2) hives shall be allowed on parcels measuring one (1) acre or less in size. Parcels exceeding one (1) acre in size shall be allowed one (1) additional hive for every additional one-half (1/2) acre of land within the parcel. Parcels exceeding five (5) acres in size shall not require a Keeping of Animals Permit and shall have no maximum number of beehives on the parcel provided that all beehives are located a minimum of one-hundred (100) feet from the parcel line.
  5. Hive type and maintenance. All honey bee colonies shall be kept in inspectable type hives with removable combs, which shall be kept in sound and usable condition. Beekeepers shall ensure that no bee comb or other equipment is left on the grounds of an apiary site. Upon removal from the hive, all supplies should be promptly disposed of or placed in a sealed container or within a building or other bee-proof enclosure.
  6. Setbacks. All hives shall be located a minimum of ten (10) feet from all property lines, with the back of the hive facing the nearest adjoining property.
  7. Fencing of flyways. In each instance in which any colony is situated within twenty five (25) feet of a parcel line of the parcel upon which the apiary is situated, as measured from the nearest point on the hive to the parcel line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height consisting of a solid wall/fence, dense vegetation, or combination thereof that is parallel to the parcel line and extending ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six(6) feet above ground level over the property lines in the vicinity of the apiary.
  8. Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so as to keep the bees from congregating at swimming pools, pet water bowls, bibcocks, birdbaths, or other water sources where they may cause human, or domestic pet contact. The water shall be maintained so as to not become stagnant.
  9. Behavior and swarming. Adequate space shall be maintained in the hive to prevent overcrowding and swarming. Colonies shall be re-queened following any swarming or aggressive behavior. One (1) additional temporary hive is allowed for hive separation or new swarm establishment purposes. Such temporary hive shall be removed from the property within two (2) weeks.
  10. Prohibited. The keeping by any person of bee colonies in the city not in strict compliance with this section is prohibited, including the keeping of diseased, infected or Africanized species of bees. Any bee colony not residing in a hive structure intended for beekeeping, any swarm of bees that poses an immediate risk to the safety of humans, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed by a Designated Authorized Agent of the City.
  11. Notice. Every parcel containing an apiary thereon shall conspicuously post signage warning the presence of hives and beekeeping.
4. Chickens. Chickens (excluding roosters) may be raised in any zoning district that allows the raising of farm animals pursuant to Section 5.6 C.2.: Family Farm Animals. In addition, chickens may be raised in any zoning district that does not allow the raising of family farm animals, but that does allow the keeping of domestic animals, pursuant to the following conditions:
  1. No parcel five (5) acres or less shall be allowed more than six (6) female chickens. Parcels exceeding five (5) acres in size shall be allowed a maximum of one-hundred (100) chickens, provided that the coop is located at least one-hundred (100) feet from any parcel line and all other provisions of this Ordinance are met.
  2. A permit for the raising of chickens shall be obtained from and approved by the Office of the Zoning Administrator and Animal Control Officer pursuant to Section 3.46: Keeping of Animals Permit. A permit fee, as designated in the City of Ashland’s Comprehensive Fee Schedule, shall be paid prior to issuance of the permit and shall be good for three (3) consecutive years. Applicants must obtain consent from all on-site residents. Once a permit is issued, the Department of Planning and Development shall send notifications to the owners of all abutting parcels, if said parcels contain an occupied principal building within one hundred (100) feet of the applicant’s parcel.
  3. Chickens shall be given access to a secure and clean outdoor enclosure, and provided with a covered, predator-proof chicken house that is thoroughly ventilated, of sufficient size to admit free movement of the chickens, designed to be easily accessed, cleaned and maintained by the owners and be at least two (2) square feet per chicken in size.
  4. No chicken house or pen shall be located closer than twenty (20) feet to any residential structure other than the owner’s, nor closer than ten (10) feet from any parcel line. The chicken house may require a building permit pursuant to Section 5.6 A.: Accessory Building, as determined by the Building Inspector or Designated Authorized Agent.
  5. Chickens shall be provided a constant supply of water and food replenished at least once daily.
5. Rabbits. Rabbits may be raised in any zoning district that allows the raising of farm animals pursuant to Section 5.6 C.2.: Family Farm Animals. In addition, rabbits may be raised in zoning districts that do not allow the raising of farm animals but allow the keeping of domestic animals, pursuant to the following conditions:
  1. No parcel shall be allowed more than five (5) rabbits over the age of three (3) months.
  2. Approval shall be required for the keeping of three (3) or more rabbits. Approval shall be obtained from and approved by the Office of the Zoning Administrator and Animal Control Officer pursuant to Section 3.46: Keeping of Animals Permit.
  3. Rabbits shall be provided with a secure and covered, predator-proof hutch that is thoroughly ventilated, of sufficient size to admit free movement of the rabbits, designed to be easily accessed, cleaned and maintained by the owners, and be at least three (3) feet off the ground.
  4. Hutches shall be cleaned and a constant supply of water and food shall be provided and replenished at least once daily; and
  5. Bedding shall be provided when the low temperature for the day is below forty (40) degrees Fahrenheit.
6. General maintenance and care of animals. All pens or enclosures housing any animal shall be maintained in a clean and sanitary condition so as to be free of offensive odors and other nuisance features at all times. All animals shall be confined to pens or enclosures, leashed or attended at all times. Animal pens or enclosures may require a fence permit pursuant to Section 6.5: Fences.
7. Harvesting (slaughtering). The harvesting (slaughtering) of animals for personal use shall occur in a humane and sanitary manner and not open to view from any public right-of-way or adjacent parcel.
8. Commercial. All keeping of animals for commercial or public purposes (including the sale of animals and/or their by-products) shall be regulated as a permitted or conditional use in those districts allowing such use. Such uses include, animal boarding, grooming and training, commercial kennels, farms, livestock, slaughter and research facilities, retail pet stores, wildlife reserves and zoos. Pet shops shall refer to City of Ashland Ordinance 351 for additional regulations.
Day Care: Family Home.
1. The operator of the family home day care shall reside in the dwelling unit in which the day care is located. If this standard is not met, the day care is classified as a commercial day care and must meet the requirements of that use.
2. A family home day care shall not operate between the hours of 12:00 AM and 6:00 AM
3. The family home day care shall be operated in compliance with applicable laws including those specified in Department of Children and Families Chapter 250 of the Wisconsin Administrative Code.
Outdoor Mechanical Equipment. To the maximum extent practical, outdoor mechanical equipment, such as air conditioner condensers and similar mechanical units, shall be located in the rear yard. Where this is not feasible, outdoor mechanical equipment may be located in the side yard. In no case shall outdoor mechanical equipment be located closer than three (3) feet to a parcel line. All outdoor mechanical equipment (including rooftop mechanical units) shall be screened from public view to the extent practical.
Outdoor/Indoor Temporary Sales and Auctions.
1. General requirements. Outdoor/Indoor sales and auctions not requiring a permit, including but not limited to, personal property sale items, garage, yard, or estate sales and auctions shall be consistent with the following requirements:
  1. Garage, yard, or estate sales shall not exceed three (3) days during any six (6) month period;
  2. Sale of personal property items on display or within view from a public right-of-way, including but not limited to, vehicles, boats, trailers, and accessory buildings shall not exceed one year; and
  3. Real estate and estate auctions shall not exceed three (3) days.
2. Sign requirements. All signs for outdoor/indoor temporary sales and auctions shall follow requirements pursuant to Section 6.6, C., 18.: Temporary signs: on-premise.
3. Conditional Use Permit. All other temporary sales exceeding the above requirements may be permitted upon review and approval of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit.
Patio, Deck, Terrace, and Similar Uses.
1. Patio. A patio shall be at least five (5) feet to any parcel line.
2. Deck and/or Terrace. Decks and terraces shall comply with the minimum required setback of the principal building from the front, corner street side, and side parcel lines. Decks and terraces shall comply with the required setback of the principal building from the rear parcel line, but in no case shall a deck or terrace be required to be more than twenty-five (25) feet from the rear parcel line.
3. Porch. A porch shall meet the required setback of the principal building.
Personal Storage Building as a Principal Building. A personal storage building may be used as a principal building (as opposed to an accessory building) if it complies with all of the following conditions:
1. The building shall be permitted only in the FD Future Development District and only on a parcel that has a minimum area of five (5) acres.
2. The building shall be used for personal storage use only. In no case shall it be used for commercial use or any other use for which a fee is charged.
3. At no time shall the building be used as a temporary or permanent dwelling unless it is converted to such a use pursuant to the requirements of this Ordinance and all other applicable codes.
4. The building shall meet the required setbacks of a principal building in the FD Future Development District.
5. Buildings over twelve hundred (1,200) square feet shall comply with the design standards and guidelines specified in Section 4.37, D.: Design Standards and Guidelines for Agricultural Buildings and Other Accessory Buildings.
Public Art. The Intent of this subsection is to regulate public art, as defined by this ordinance, in the City of Ashland and to ensure that the public art being installed contributes to the City’s visual character, enhances the area in which it is proposed to be located and creates a unique sense of place.
1. Private visual works of art. Any visual work of art not defined as Public Art may be regulated as an accessory structure pursuant to Section 5.6 B.: Accessory Structure.
2. Murals.
  1. Intent. The intent of this Paragraph is to regulate the location, design, and maintenance of murals in the City of Ashland.
  2. Application and permits. Due to the large size of murals and the importance that murals have on the overall image of the community, no mural shall be painted or affixed to a building until the building owner has first received a permit for the proposed mural pursuant to Section 3.25: Public Art Permit. A mural, if proposed to be located on a structure designated as historic, may require the approval and issuance a historic preservation certificate of appropriateness pursuant to City of Ashland Ordinance 826.
  3. Ashland Mural Walk. All murals approved by, funded through and installed in accordance with the regulations and standards set forth by the Ashland Mural Walk Project, shall be also be required to adhere to the following design, installation and maintenance standards.
  4. Design, installation, and maintenance standards. All murals shall comply with the following standards:
    1. Prior to painting or affixing a mural to the building, the surface of the building must be fully repaired and/or deemed suitable for the proposed mural. The City Building Inspector or other Authorized Agent shall check the surface of the structure for general suitability. However, the City and/or its Designated Authorized Agents shall not be responsible for any potential future failures associated with the structure or the mural.
    2. A sealer shall be applied to the surface of the mural to extend the life of the mural and to make it easier to clean and maintain.
    3. The placement or erection of ladders, scaffolding, lifts, or other construction equipment as part of the mural project must be done in compliance with all applicable codes and regulations.
    4. Work performed within, or that which may pose a hazard to, the public right-of-way shall be approved through a Right-of-Way Permit by the Public Works Director or Designated Authorized Agent to ensure adequate measures are taken to protect pedestrians, the public infrastructure, and to address parking impacts.
    5. Murals shall meet all applicable standards pursuant to Section 6.7: Exterior Lighting and all other applicable standards identified with the approval or permit.
    6. Evidence of adequate liability insurance shall be provided and the City of Ashland shall be named as an additional insured party during the period of work.
    7. A mural shall be considered a property improvement and the property owner shall be responsible for ongoing maintenance and cleaning of the mural. The property owner may contract with the mural artist, the Ashland Mural Walk Project, or others for basic maintenance.
3. Sculptures and other public art.
  1. Intent. The intent of this Paragraph is to regulate the location, design, and maintenance of sculptures, fountains and other public art in the City of Ashland.
  2. Exemptions. This subsection shall not apply to those sculptures, fountains, or other public art which do not exceed a height of four (4) feet in a front or side corner yard, a height of six (6) feet in a rear or side yard, and do not exceed sixteen (16) square feet in area.
  3. Application, review and permits. Due to the potentially large size of sculptures, fountains and other public art, no piece of public art shall be installed until the property owner has first received approval from the Zoning Administrator or Designated Authorized Agent and a permit pursuant to Section 3.25: Public Art Permit. A sculpture, fountain, or other public art proposed to be located at or on a site or structure designated as historic, may require the approval and issuance a historic preservation certificate of appropriateness pursuant to City of Ashland Ordinance 826.
  4. Design, installation, and maintenance standards. All sculptures, fountains, or other public art shall comply with the following standards:
    1. Sculptures or other public art may be functional, interactive, educational, symbolic, or commemorative and may incorporate landscape elements.
    2. Fountain basins one-hundred and fifteen (115) square feet in surface area or greater, shall not exceed a water depth equal to or greater than twenty-four (24) inches.
    3. Sculptures, fountains, or other public art shall not exceed a height of thirty-five (35) feet, except that a sculpture, fountain, or other public art may exceed a height of thirty-five (35) feet with the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit.
    4. Sculptures, fountains, or other public art shall meet all other applicable standards pursuant to Section 6.1B Setbacks, Section 6.1 D: Impervious Coverage, Section 6.1 H: Vision Triangle, Section 6.7: Exterior Lighting and all other applicable standards identified with the approval or permit.
    5. The placement or erection of ladders, scaffolding, lifts, or other construction equipment as part of the public art project must be done in compliance with all applicable codes and regulations.
    6. Work on or adjacent to the public right-of-way shall be reviewed and approved by the Public Works Director or Designated Authorized Agent to ensure adequate measures are taken to protect pedestrians, public infrastructure, and to address parking impacts.
    7. Evidence of adequate liability insurance shall be provided and the City of Ashland shall be named as an additional insured party during the period of work.
    8. A sculpture, fountain, or other public art shall be considered a property improvement and the property owner shall be responsible for ongoing maintenance and cleaning of the sculpture, fountain, or other public art. The property owner may contract with the artist or others for basic maintenance.
4. Conditional Use Permit. Proposed public art exceeding standards set forth in Subsection 5.6 I. 3. d. (2) and (3) may apply for a conditional use permit pursuant to Section 3.9: Conditional Use Permit.
Solar Equipment and Solar Rights.
1. Solar equipment shall be consistent with the setback and height requirements of the principal or accessory building, whichever is applicable. Solar equipment that is not consistent with the setback and height requirements may be considered pursuant to conditional use procedures as specified in Section 3.9: Conditional Use Permit.
2. No person in control of property shall allow a tree or shrub to be placed or grow as to cast a shadow between the hours of 9:00 AM and 3:00 PM upon a solar collector energy system capable of generating more than one million (1,000,000) British thermal units (BTUs) per year, and that supplies a part of the energy requirements for improvements on the property where the solar energy system is permanently located.
Sport Court, Play Equipment, and Similar Uses. Sport courts, play equipment, and similar uses shall meet the same setbacks required for an accessory building. However, sport courts, play equipment, and similar uses shall not count towards the maximum allowable number or maximum allowable area of accessory buildings on a site.
Swimming Pool.
1. Intent. The intent of this Subsection is to ensure that swimming pools, as defined by this Ordinance, are constructed and maintained in a manner that protects the health, safety, and welfare of the intended users of the swimming pool. It is also the intent of this Subsection to ensure swimming pools have adequate barriers to deter children and other unauthorized persons from gaining unsupervised access to the swimming pool.
2. Required permits. All swimming pools as defined by this Ordinance shall be consistent with the swimming pool barrier requirements of this Ordinance. In addition, any swimming pool with a capacity of over three thousand (3,000) gallons or with a depth of over three (3) feet of water shall require the issuance of a building permit.
3. Required plans. An application for a building permit shall include the following information:
  1. The type and size of pool; and
  2. A site plan indicating:
    1. the location of the pool;
    2. the location of the dwelling and/or other buildings on the subject parcel;
    3. other improvements on the parcel;
    4. location of the filter unit, pump heating unit, and wiring indicating the type of such units (if applicable);
    5. location of back flush and drainage outlets;
    6. grading and/or surface drainage plan;
    7. location of existing overhead or underground utilities;
    8. drainage and utility easements; and
    9. any other existing features as may be necessary to determine whether the proposed pool is consistent with this Ordinance.
4. Setbacks. The setback shall be measured at the edge of the waterline. Swimming pools shall comply with the following setbacks:
  1. Swimming pools shall not be located less than ten (10) feet from any side or rear parcel line.
  2. Swimming pools shall not be located with the front yard.
  3. Swimming pools shall not be located less than six (6) feet from any principal structure.
  4. Swimming pools shall not be located less than ten (10) feet from any portion of a septic system or a well.
  5. Swimming pools shall not be located less than ten (10) feet from any overhead utility lines or less than five (5) feet from any underground utility lines.
  6. Swimming pools shall not be located within any existing easements.
5. In-ground pools. In the case of in-ground swimming pools, necessary precautions shall be taken during construction to avoid damage, hazards, or inconvenience to adjacent or nearby property and to avoid erosion, dust, or other infringements on adjacent property from the stockpiling of excavated material.
6. Back flush water or pool drainage water. Back flush water or water from pool drainage may be directed into the street storm water system or onto the owner’s property unless otherwise authorized by the Public Works Director or Designated Authorized Agent.
7. Mechanical equipment. The filter unit, pump, heating unit, and any other noise making mechanical equipment shall be located at least thirty (30) feet from any adjacent residential structure and at least five (5) feet from any parcel line.
8. Swimming pool barrier. An outdoor swimming pool shall be provided with a barrier that shall be installed, inspected, and approved prior to filling the swimming pool with water. Fencing shall require the issuance of a fence permit pursuant to Section 3.43: Fence Permit. The barrier shall comply with the following:
  1. The barrier shall either surround the swimming pool or the property and shall be sufficient to make the swimming pool inaccessible to unsupervised children.
  2. The barrier, including gates therein, shall not be less than six (6) feet above the underlying ground. All gates shall be self-latching with latches placed four (4) feet above the underlying ground and otherwise made inaccessible from the outside to small children. Fencing shall be a minimum of four (4) feet at all points from the existing walls of swimming pools.
  3. All gates shall be secured when the swimming pool is unattended. Ladders for swimming pools shall be removed when not in use and steps to decks abutting swimming pools shall be locked with gates when unattended.
  4. A natural barrier, hedge, pool cover, or other protective device approved by the Building Inspector or Designated Authorized Agent may be used provided that the protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate, and latch described herein.
Outdoor Merchandise Sales.
1. General Requirements. Outdoor merchandise sales shall be allowed as defined by this Ordinance, or after the issuance of a permit to temporarily place items on a sidewalk pursuant to Section 3.44: Permit to Temporarily Place Items on Sidewalks. Outdoor storage, as defined by this Ordinance, shall be consistent with the standards as set forth in section 6.4 D: Screening of Equipment, Vehicles, Outdoor Storage, and Similar Uses. Outdoor merchandise sales shall be consistent with the following standards:
  1. Merchandise display shall not create a hazard to pedestrians or encroach on a required building exit.
  2. Driveways and required onsite parking spaces shall not be used for outdoor merchandise sales or storage.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

2024-2003

Ashland City Zoning Code

PART 5

Specific Use Standards

5.1 Residential Uses

Adult Family Home. All residents of the adult family home, other than the operator or care provider and the operator or care provider’s immediate family, shall be disabled persons, as indicated by the required state license application. If this standard is not met, the use shall not be located within two thousand five hundred (2,500) feet of a community living arrangement or another adult family home.
Bed and Breakfast Establishment. A bed and breakfast establishment shall be allowed only in those zoning districts where it is permitted or permitted as a conditional use and only after the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit. In addition, the following standards shall apply:
1. Compliance with State standards. All bed and breakfast establishments and licensees shall be subject to and comply with Chapter DHS 197 of the Wisconsin Administrative Code relating to bed and breakfast establishments and/or Chapter DHS 195 of the Wisconsin Administrative Code relating to hotels, motels, and tourist rooming houses.
2. Registry. Each bed and breakfast establishment shall provide a register and require all guests to register their true names and addresses before assigning quarters. The register shall be kept intact and available for inspection by a Designated Authorized Agent of the City for a period of not less than one (1) year.
3. Permits required. In addition to the permit required by Chapter DHS 197 of the Wisconsin Administrative Code and/or Chapter DHS 195 of the Wisconsin Administrative Code, every bed and breakfast establishment shall obtain a bed and breakfast establishment permit pursuant to Section 3.37: Bed and Breakfast Establishment Permit, and all other applicable permits pursuant to this Ordinance. An approved bed and breakfast establishment permit shall be conspicuously displayed in the bed and breakfast establishment.
4. Management. Bed and breakfast establishments shall be managed and occupied by the owner of the property.
5. Limit of guest occupancy. Guest occupancy shall be limited to fourteen (14) days in any thirty (30) day period.
Community Living Arrangement.
1. All residents of the facility, other than the operator or care provider and the operator or care provider’s immediate family, shall be disabled persons, as indicated by the required state license application. If this standard is not met, the use shall not be located within two thousand five hundred (2,500) feet of another community living arrangement.
2. The Zoning Administrator or Designated Authorized Agent shall receive notice from the State of Wisconsin of application for licensure of the community living arrangement.
3. Prior to initial licensure of the community living arrangement by the State of Wisconsin, the application for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the community living arrangement, the neighborhood in which the proposed facility will be located, and a local unit of government, in accordance with Section 48.68(4) of the Wisconsin Statutes or Section 50.03(4)(g) of the Wisconsin Statutes, as applicable.
4. The loss of any state license or permit by a community living arrangement shall be an automatic revocation of that facility’s use permit.
Convent, Rectory, or Monastery. A convent, rectory, or monastery shall be on the same parcel or contiguous to the associated religious institution. If this standard is not met, the convent, rectory, or monastery shall comply with the allowable density, number of units, and other applicable provisions of the zoning district in which it is located.
1. Definition: An accessory dwelling unit (ADU) refers to a detached, smaller, secondary structure on the same lot as a principal dwelling. ADUs are independently habitable and must conform to Uniform Dwelling Code. Structures consisting of living quarters above garage space shall be considered ADUs unless some of the ground level consists of living quarters.
2. Where Permitted: Accessory dwelling units shall be a permitted use and require a Development Permit in addition to applicable Building Permits in all zoning districts where they are listed as a permitted use.
3. Requirements:
  1. Any exterior changes or additionsfor an accessory dwelling shall be constructed of similar materials and shall be architecturally compatible with the principal building.
  2. The accessory dwelling unit shall not contain more than seventy-five (75) percent of the total floor area on the principal structure on subject parcel.
  3. The minimum parcel area for one (1) ADU shall conform to the minimum parcel area of the subject zoning district. Parcels exceeding the minimum parcel area of the subject zoning district by a minimum of two thousand five hundred (2,500) square feet shall be allowed a maximum of two (Z) ADUs.
  4. A detached garage with an accessory dwelling shall meet all requirements for accessory buildings within their respective zoning district and the dwelling unit must meet Uniform Dwelling Code.
  5. There shall be an unobstructed walkway leading from the public street to the accessory dwelling.
  6. No ADU shall be constructed and no building permit shall be issued for an ADU prior to the construction of a primary structure on the subject property. Dwelling: Accessory. An accessory dwelling shall be allowed only in those zoning districts where it is permitted as a conditional use and only after the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit. In addition, the following standards shall apply:
Home Occupation. A home occupation shall be allowed in those zoning districts where they are a permitted use. A person with a home occupation that exceeds any standard listed in Section 5.1 F.3.: Standards for Permitted Home Occupations shall be required to obtain a conditional use permit pursuant to Section 3.9: Conditional Use Permit. All home occupations shall also comply with all other applicable local, State or Federal regulations.
1. Intent.
  1. Establish criteria for operation of home occupations as a secondary use in all districts permitting residential use;
  2. Permit and/or regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner- or renter-occupied;
  3. Ensure that such home occupations are compatible with, and do not have a harmful effect on, adjacent and nearby residential properties and uses;
  4. Ensure that public and private services, such as streets, sewers, or water or utility systems, are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use;
  5. Allow residents of the community to use their place of residence to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria;
  6. Enable fair and consistent enforcement of home occupation regulations; and
  7. Promote and protect the public health, safety, and general welfare of the community.
2. Permitted Home Occupations.
  1. Intent. Home occupations, as defined by this ordinance and permitted in this section, are allowed as an accessory use where the principle use is residential, in all zoning districts that permit residential use, for the reasons that they:
    1. Do not compromise the residential character of the area;
    2. Do not generate conspicuous traffic;
    3. Do not visually call unusual attention to the home; and
    4. Do not generate noise of a nonresidential level.
  2. Standards. The standards set forth in this section shall be met. In cases where the character of the home occupation exceeds the requirements, the home occupation will either require a conditional use permit pursuant to Section 3.9: Conditional Use Permit or the use is not considered a home occupation, as determined by the Zoning Administrator or Designated Authorized Agent.
  3. Types of Permitted Home Occupations.
    1. Accounting, tax preparation, bookkeeping, and payroll services;
    2. Artists, sculptors, and composers;
    3. Baking and cooking;
    4. Catering;
    5. Child care: for 1 to 3 children as an unlicensed family daycare;
    6. Computer systems design, repair, and related services;
    7. Computer training;
    8. Craft work, such as jewelry-making and pottery;
    9. Drafting services;
    10. Engineering, architecture, and landscape architecture;
    11. Financial planning and investment services;
    12. Hair salon, barbering, hairdressing, and other personal care services;
    13. Home offices;
    14. Information and data processing services;
    15. Insurance sales;
    16. Interior decoration (no studio permitted);
    17. Internet sales;
    18. Legal services;
    19. Mail order business;
    20. Musical instruction, voice, or instrument;
    21. Musical instrument tuning and repair;
    22. Offices for professional, scientific, or technical services or administrative services;
    23. Photographic services;
    24. Professional services, including the practice of law;
    25. Real estate services and appraisal;
    26. Sale of firewood, provided that: no on-site processing occurs; and that all on-site wood storage meets the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage;
    27. Tailoring (e.g., dressmaking and alterations) services;
    28. Teaching of crafts and incidental sale of supplies to students;
    29. Telephone answering and message services; and
    30. Tutoring.
    31. Other uses as determined by Zoning Administrator or other authorized agent.
  4. Exempted Home Occupations.
    1. Baking, cooking and craft work created entirely for not for profit use, fundraising and donations, or for seasonal sales occurring no more than 4 times per year;
    2. Sale of worms for bait, seasonally, from May 1 to September 30;
    3. Those occupations with an annual income less than the Federal IRS minimum income requirement for self-employment. Refer to IRS Publication 334: Tax Guide for Small Business.
3. Standards for Permitted Home Occupations. The following requirements shall be met for the Home Occupations listed in this Subsection:
  1. No more than 2 employees other than residents of the premises shall be permitted;
  2. Sales shall be limited to: mail order sales; telephone sales; and/or internet sales, all with off-site delivery;
  3. Classes held on the premises shall have no more than four (4) students at any given time and shall be given within the principal structure only;
  4. The home occupation shall not result in the need for more than two (2) parking spaces at any given time in addition to spaces required by the occupant of the home. Exceptions include open house events, which shall not occur more than one per quarter annually;
  5. Not more than ten (10) customer vehicle trips for business purposes per day. Hours for visits shall be between 8:00 AM and 8:00 PM;
  6. No more than twenty five (25) percent of the total area of the principal structure shall be used for the home occupation activity;
  7. No structural alterations or construction involving features not customarily found in dwellings;
  8. Articles for sale may not be displayed outside the principal structure, with the exception of firewood meeting the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage;
  9. There shall be no exterior storage of equipment or materials used in connection with the home occupation, with the exception of firewood meeting the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage;
  10. Shall not involve the repair of vehicles and motors or construction of equipment and machinery;
  11. Deliveries and pickups shall be those normally associated with residential services, shall not block traffic circulation, and shall occur only between 8:00 AM and 8:00 PM, Monday through Saturday;
  12. There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, vibration, electrical interference, traffic congestion, or other nuisances resulting from the home occupation;
  13. Storage of goods and materials shall not include flammable, combustible, or explosive materials which exceed typical levels allowable on a residential property;
  14. Existing public facilities and utilities shall be adequate to safely accommodate equipment used for the home occupation;
  15. Signage for home occupations shall comply with the requirements set forth in Section 6.6: Signs.
4. Rural Home Occupations – Permitted Home Occupations. The following home occupations are permitted in the Future Development District (FD), on parcels with five (5) acres or more, in addition to those specified above in Section 5.1 F.2.
  1. Auto repair work;
  2. Computer and office machine repair and maintenance;
  3. Contractor and trade shops, indoor operations only, including electrical, plumbing, and mechanical;
  4. Machine welding shops;
  5. Office machinery and equipment rental and leasing; and
  6. Processing and sale of firewood, provided that: all on-site wood storage meets the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage.
5. Standards for Permitted Rural Home Occupations in the Future Development District (FD). The Rural Home Occupations listed above in Section 5.1 F.4., shall meet the standards listed above in Section 5.1 F.3., with exception, the following standards based on the rural character of this district, are permitted.
  1. Garages or detached accessory structures may be used for the home occupation activity.
  2. Exterior storage of equipment or materials may be used, only in connection with the home occupation.
  3. The repair of vehicles or motors or construction of equipment and machinery is allowable as a home occupation.
  4. Storage of flammable, combustible, or explosive goods and materials is allowable in accessory structures if property storage and separate requirements are met and if authorized in writing by the Fire Chief.
Mobile Homes and Mobile/Manufactured Home Communities.
1. Permanent occupancy. A manufactured home (mobile home) intended for permanent occupancy shall meet all licensing requirements and regulations in City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Manufactured Home Communities (Mobile Home Parks), and Campgrounds and the following conditions:
  1. No mobile home may be parked outside of an approved mobile/manufactured home community (mobile home park).
  2. Double-wide manufactured homes or mobile homes may be parked outside a mobile/manufactured home community if they are attached to a foundation and meet the requirements of the Uniform Dwelling Code and all other applicable state and federal codes.
  3. The Common Council, may in its discretion, and by a uniform rule, limit the number of occupants in any manufacture home or mobile home occupying a space in a manufactured home community (mobile home park) for reasons of health and public welfare.
  4. All manufactured homes and mobile homes shall be anchored to the ground. Anchoring systems generally consist of ties and anchors. The ties are generally of two types, over-the-top and frame which connect the I-beam to the anchor. Ties shall be secured to either a ground anchor, which may be a screw auger or concrete deadman anchor, or to a slab anchor, or to the foundation itself. Anchors shall be sufficiently embedded to account for saturated soil conditions which accompany flooding.
2. Temporary occupancy. A manufactured home or mobile home intended for temporary occupancy shall meet the following conditions:
  1. Mobile homes used as a temporary construction office shall follow the requirements pursuant to Section 5.5, B.: Temporary Construction Building.
  2. A building permit pursuant to Section 3.32: Building Permit, is required for field offices located off-site. Temporary field office occupancy is limited to six (6) months. Occupancy may be extended upon approval from of the Building Inspector or Designated Authorized Agent.
  3. A conditional use permit pursuant to Section 3.9: Conditional Use Permit, shall be required for any educational institution for temporary occupancy of a mobile home outside of an approved, licensed mobile home park. The mobile home shall be found to be in the public interest and shall not damage or interfere with the character of the neighborhood in which the mobile home unit will be parked. The conditional use permit shall not permit temporary occupancy exceeding thirty-six (36) months.
3. License for manufactured home communities.
  1. It shall be unlawful for any person to establish, operate, or maintain, or permit to be established, operated, or maintained upon any property owned, leased, or controlled by that person, a manufactured home community (mobile home park) within the limits of the City of Ashland without first having obtained all necessary approvals and/or permits from the Wisconsin Department of Safety and Professional Services (Safety and Buildings Division),the Department of Health Services and the Wisconsin Department of Natural Resources. In addition, a license shall be obtained for each such community or park from the City Clerk pursuant City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Manufactured Home Communities (Mobile Home Parks), and Campgrounds.
  2. It shall be the duty of any person intending to operate a manufactured home community (mobile home park) to report to the local board of health and the City Building Inspector the following information:
    1. Name of the manufactured home community (mobile home park);
    2. Name and address of owner, agent, or operator;
    3. Number of persons that may be accommodated; and
    4. The location of the community or park.
4. Management. The attendant or person in charge of the manufactured home community (mobile home park) together with the licensee, shall be responsible for ensuring compliance with City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Manufactured Home Communities (Mobile Home Parks), and Campgrounds.
5. Inspection and enforcement.
  1. All manufactured/mobile homes and manufactured home communities shall be open to inspection at all reasonable hours by representatives of the local and State Board of Health and the City Building Inspector. Refer to City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Mobile/Manufactured Home Communities (Parks), and Campgrounds for additional regulations and requirements.
  2. Each manufactured home community (mobile home park) licensee and/or its managing agent shall give written notice to the Building Inspector anytime a manufactured home or mobile home is moved out of a manufactured home community and another manufactured home (mobile home) is moved in to take its place. The purpose of this notice is to permit the Building Inspector to make inspections to determine that newly placed manufactured home (mobile home) has been placed in compliance with this Ordinance and to permit proper fair market value assessment of the newly placed manufactured home (mobile home).
6. Required plans. Every manufactured home (mobile home) and manufactured home community (mobile home park) shall be located on a well-drained area, and the property shall be properly graded so as to prevent the accumulation of storm or other waters. Plans, which indicate where the homes, a safe shelter (as defined by FEMA) and other structures will be placed with a numbering system for the homes, shall be distributed to the Fire Department, Police Department, Building Inspector, Zoning Administrator, Public Works Director, City Clerk and City Assessor.
7. Design standards for manufactured home community (mobile home park). The dimensional standards associated with a manufactured home community (mobile home park) shall be consistent with the provisions of Section 4.7: MHC Manufactured Home Community and the following additional standards:
  1. All drives, parking areas, and walkways shall be hard surfaced concrete or blacktop. All roadways shall meet the required standards pursuant to Part 9: Land Divisions and Improvements and all other applicable City Ordinances relating to road and street construction. Roadways shall be complete to each site before they can be occupied. Interior streets shall be maintained so as to be free from potholes and ruts;
  2. Garages or accessory buildings may be constructed on existing concrete pads facing the interior or exterior street used for access to the manufactured or mobile home. A minimum distance of six (6) feet shall be maintained between garages or accessory buildings and all homes. Accessory building shall comply with the provisions pursuant to Section 5.6, A.: Accessory Building and Section 4.7: MHC Manufactured Home Community (Mobile Home Park) District;
  3. Lawns shall be in suitable condition, free from noxious weeds, and shall include a parking pad and patio, complete before habitation of the home;
  4. An adequate supply of pure water, furnished through a pipe distribution system connected with the public water main, or if a public main is not available, an approved well shall be furnished for drinking and domestic purposes. The applicable Wisconsin Department of Safety and Professional Services Administrative Codes, and requirements from the Wisconsin Department of Health Services and Department of Natural Resources shall apply;
  5. A separate valved water service shall extend to each home;
  6. Fire hydrants shall be maintained in proper working order and no home shall be installed unless a hydrant is available within four hundred (400) feet;
  7. When public sewage facilities are available, connection and use is required. If public sewage facilities are not available, a treatment system approved by the Wisconsin Department of Safety and Professional Services shall be used;
  8. Every site for a home shall be provided with sewer connections that comply with the Wisconsin Department of Safety and Professional Services Administrative Codes. The sewer connections shall be provided with the suitable fittings so that a watertight connection can be made. Such connections shall be constructed so that they can be closed when not connected and trapped in such a manner as to be maintained in an odor-free condition;
  9. All garbage that is not disposed of through a garbage disposal unit connected with the sewerage system shall be kept in separate, leak proof, metal, or plastic garbage containers. The requirements of the applicable City Ordinances that govern garbage disposal shall apply.
  10. Lighting shall be provided near newly constructed sites and shall follow all requirements pursuant to Section 6.7: Exterior Lighting.
Manufactured/Modular Home.
1. Manufactured/Modular homes permitted. A manufactured/modular home is permitted in any zoning district that permits a single-family detached dwelling provided that it conforms to all of requirements of the district in which it is located and the provisions of this Subsection.
2. Basements or foundations. Each manufactured/modular home shall be installed on a basement of masonry foundation.
3. Minimum size. Each manufactured/modular home shall have a minimum dimension, when erected on site, of at least twenty-four (24) feet in width and a minimum floor area of at least nine hundred sixty (960) square feet.
4. Siding and roofing materials. Siding and roofing materials shall be similar to materials found on nearby non-modular homes dwellings or be a typed broadly and generally used in residential construction and shall have an appearance harmonious with adjacent housing.
Recreational Vehicles, Trailers and Camping.
1. Temporary Occupancy. A recreational vehicle, camper trailer, or tent intended for temporary occupancy shall meet the following conditions:
  1. Parking and occupying recreational vehicles or camper trailers for more than twenty-four (24) hours shall be prohibited in areas other than approved campgrounds or private residences.
  2. Camping on streets or in parking lots shall be prohibited, except that overnight parking of semi-trucks at locations approved by owners (such as truck stops and industrial parking lots) may be permitted.
  3. A recreational vehicle, camper trailer, or tent may not be occupied at a residence for more than thirty (30) days annually, and must meet all requirements pursuant to City of Ashland Ordinance 750, Section B., 22: Vehicles.
Rehabilitation Center/Transitional Living. A rehabilitation center/transitional living facility shall not exceed fifteen (15) occupants at one time. The facility shall be managed by an organization operating a program that is approved by the State of Wisconsin pursuant to Wisconsin State Statute 51, and all relevant Administrative Codes, including but not limited to DHS 75, DHS 92, DHS 94. The facility shall also be approved by all applicable government entities having authority under law to license or authorize the operation.
Tourist Home. A tourist home shall only be allowed in those zoning districts where it is permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

5.2 Commercial Uses

Adult Entertainment Establishment.
1. Intent. The concentration of adult entertainment establishments in one area can have a substantially detrimental effect on the area in which such establishments are concentrated and can impact the overall quality of life. Being mindful of the effects of adult entertainment upon minors and the criminal activity or disruption of public peace associated with such establishments, while also giving due consideration to civil rights of persons partaking in such entertainment, it is the intent of this Subsection to regulate the location of adult entertainment establishments.
2. Conditional use permit required. An adult entertainment establishment shall only be allowed in those zoning districts where it is permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit. A conditional use permit shall be required for a new adult entertainment establishment, a change of use to an adult entertainment establishment, or an increase in building activity where an adult entertainment use becomes the primary activity. Review of a conditional use permit for an adult entertainment establishment shall consider the image and design of the exterior building and the site, such as colors and schemes and landscaping.
3. Signage limitations. Signage for Adult Entertainment Establishments shall be required to conform to all applicable sign regulations and standards in Section 6.6: Signs and the following:
  1. The establishment shall have no merchandise advertisement or pictures of entertainment displayed in window areas or in any location visible from a public right-of-way;
  2. A one (1) square foot sign may be placed on the main entrance door stating hours of operation and admittance to adults only;
  3. No sign shall contain any flashing lights, moving elements, or mechanically energized messages;
  4. Signs shall not contain any explicit language or explicit or sexual graphic representations;
  5. Off-premise signs are prohibited.
4. Distance separation.
  1. Each adult entertainment establishment shall be at least two thousand six hundred forty (2,640) feet from any other adult entertainment establishment or similar use.
  2. No adult entertainment establishment shall be located closer than one thousand (1000) feet from the R-E, R-1, R-2, R-3, R-4, MHC, PRI, MRC, W-MRC, W-CRM and W-SFR Zoning Districts, places of worship, schools, day care centers, community living arrangements, rehabilitation center/transitional living uses, nursing homes, senior housing, and similar uses.
Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use.
1. Intent. The City of Ashland has experienced a substantial increase in the number and location of currency exchange establishments, payday loan establishments, title loan agencies, pawn shops, rent-to-own establishments, and similar uses. Furthermore, the clustering of these businesses may create and undesirable image of the vitality of the commercial districts and the community as a whole. Consequently, it is the intent of this Subsection to regulate the distance between these uses and prevent clustering of these uses.
2. Allowable zoning districts and separation. Currency exchange establishment, payday loan establishments, title loan agencies, pawn shops, rent-to-own establishments and similar uses shall be allowed only in the zoning districts as specified in this Ordinance and only after the issuance conditional use permit. No such use shall be permitted closer than twelve hundred (1,200) feet from any other such use.
Day Care Center: Commercial.
1. A commercial day care center shall not be located within five hundred (500) feet from an adult entertainment establishment.
2. A commercial day care center shall comply with all applicable laws including those specified in Chapter 46 of the Wisconsin Statutes.
Local Food Store.
1. Location. Local food stores, as defined, shall be located on lots with frontage on an arterial or collector street. On lots fronting more than one public street, local food stores shall be allowed only on lots where the greater street frontage falls on the arterial or collector street.
2. Design. The local food store shall be limited, so as to be proportionate in scale and compatible in design, to the structures and lands within five-hundred (500) feet of the proposed local food store.
3. Signage. Signage for local food stores shall be in accordance with Section 6.6: Signs, and the specific requirements for the zoning district the food store is, or is proposed to be, located in.
4. Parking. Parking shall be in accordance with Section 6.3: Parking and Loading, except as specifically allowed by the Plan Commission upon consideration of the local food store type and size, neighborhood compatibility, and site-specific limitations. Use of on-street parking shall be subject to review by the Public Works Director or Designated Authorized Agent and the City Police Department upon consideration of street design, maintenance requirements, traffic loads and speeds, related safety considerations and consistency with applicable City Ordinances.
5. Screening. Screening of local food stores shall be in accordance with Section 6.4: Landscaping, Buffers and Screening, or as otherwise conditioned by the Plan Commission.
6. Hours of operation. The Plan Commission may limit operating hours for the local food store based on the nature of business activity and character of adjacent uses.
7. Other conditions. Other conditions specific to the proposed use may apply to ensure harmony with adjacent uses, including placement of garbage receptacles in the vicinity. Local food store developments shall likewise be subject to Site Plan Review pursuant to Section 3.20: Site Plan Approval, and shall be conditioned upon compliance with laws applicable to food stores.
Manufactured Home Dealer, Sales and Display. A manufactured home dealer, sales and display use shall only be allowed in those zoning districts where it is permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit. In addition, a model home shall be consistent with all of the following standards:
1. Maximum percent of building coverage. Forty (40) percent.
2. Office use. No more than fifteen (15) percent of the area of the main floor shall be used for office area.
3. Spacing. Manufactured homes shall have at least twenty (20) feet of separation between other manufactured homes or structures.
4. Building orientation. Manufactured homes shall be organized at various angles and oriented in a manner compatible and representative of a residential neighborhood.
5. Allowable time before manufactured home must be moved. A manufactured home shall not remain on the sales and display lot for a period of more than two (2) years.
6. Hours of operation. Hours of operation for showing of the manufactured home shall be between 8:00 AM and 8:00 PM, or other reasonable times as may be required by the conditions of an approved conditional use permit or as may be permitted by the Zoning Administrator or Designated Authorized Agent.
7. Site plan approval. In addition to the issuance of a conditional use permit, a manufactured home dealer, sales and display use shall be required to receive site plan approval.
8. Utilities. Electric service lines to manufactured home units shall be placed underground. At no time shall a manufactured home on display be connected to a water or sewage system.
Social Services.
1. Intent. The intent of this section is to allow the operational needs of social service uses and establishments to be met while identifying potential concerns and preventing a negative impact on surrounding properties and the community. The following standards shall be considered on a case by case basis.
  1. Location & Building. Refer to each zoning district for permitted or conditionally permitted uses.
    1. Social service uses may not be located within one thousand two hundred (1,200) feet from another social service use unless the Plan Commission determines that the cumulative impacts of the existing and proposed uses will not adversely affect the living and working conditions of the properties located within one thousand two hundred (1,200) feet of the proposed uses;
    2. The establishment should be served by or easily accessible to public transit;
    3. The establishment shall be of adequate size and design to reasonably accommodate its projected capacity;
    4. The establishment shall have internal and/or external waiting areas if deemed appropriate by the Plan Commission;
    5. The establishment shall provide safe access and mobility for all patrons on the property.
  2. Signage.
    1. All signage shall be consistent with the requirements of Section 6.6: Signs.
    2. Warning and/or safety signs shall be posted in areas where pedestrians and vehicles may come in contact.
  3. Parking.
    1. Parking spaces shall be provided at one (1) space for every two hundred (200) square feet net floor area.
    2. The standards of Section 6.3: Parking and Loading shall be met except as specifically allowed by the Plan Commission upon consideration of the social service type and size, neighborhood compatibility and site-specific limitations.
  4. Screening. Exterior waiting, gathering, or smoking areas shall be adequately screened from abutting properties and public rights-of-way to a height of six (6) feet.
  5. Hours of operation. The Plan Commission may limit operating hours for the social service use based on the nature of the use and the character of adjacent uses.
  6. Density of housing units. The density of housing units shall be compatible for the neighborhood.

5.3 Industrial Uses

Ashland Industrial Park.
1. Intent. The intent of this Subsection is to preserve the value of property in the Ashland Industrial Park as well as property located near or adjacent to the Ashland Industrial Park. This Subsection places restrictions, covenants, and conditions on all parcels within the Ashland Industrial Park, regardless of ownership. Refer also to City of Ashland Ordinance 469: An Ordinance Establishing Covenants Governing the Subdivisions of Land in the Ashland Industrial Park.
2. Supremacy. If a conflict exists between the provisions of this Subsection and City of Ashland Ordinance 469: An Ordinance Establishing Restrictive Covenants Governing the Subdivisions of Land in the Ashland Industrial Park on file with the Ashland City Clerk, the provisions of Ordinance 469 shall prevail. If a conflict exists between the provisions of this Subsection and the provisions of the underlying Zoning District, the provisions of this Subsection shall prevail.
3. Boundaries of the Ashland Industrial Park. The boundaries of the Ashland Industrial Park are depicted on a map on file in the office of the Zoning Administrator.
4. Restrictions, covenants, and conditions.
  1. General use. Land in the Ashland Industrial Park is intended only for general industrial use as specified in the underlying Zoning District, provided that the uses are not in conflict with any laws of the State of Wisconsin or any ordinance of the City of Ashland.
  2. Other possible uses. In addition to the uses permitted in the underlying Zoning District, the Common Council may, after first referring the matter to the Plan Commission for investigation, public hearing, and recommendation, authorize the location of any of the following uses in the Ashland Industrial Park, provided that the Common Council shall find that such location will tend to minimize the effects upon the neighborhood and the community of any noxious and deleterious characteristics of such uses such as smoke, gas, odor, noise, heat, and glare.
    1. Acid, ammonia, bleach, chlorine, or soap manufacture;
    2. Ammunition manufacture, explosives or fireworks manufacture, or storage;
    3. Asphalt, coal and coal tar, or coke manufacture;
    4. Automobile wrecking yard; junk yard;
    5. Bones, distillation of;
    6. Cement, lime, gypsum, or plaster of paris manufacture;
    7. Fat rendering;
    8. Fertilizer manufacture;
    9. Forge plant;
    10. Gelatin, glue, or size manufacture;
    11. Inflammable gases or liquids, refining or manufacture of, over ground tank farms;
    12. Slaughterhouse, stockyard;
    13. Smelting
  3. Required approvals. No building, or any improvement thereto, shall be erected, placed or altered on any building site in the Ashland Industrial Park until the plans for such building or improvement, including site plan, landscape plan, building plan, and specifications have been approved by the Plan Commission of the City of Ashland pursuant to the provisions of this Ordinance. The Ashland City Plan Commission shall approve or disapprove such plans with respect to conformity with:
    1. These restrictions and other applicable enactments of the City, and with respect to harmony of external design and land use as it affects property within and adjacent to the Ashland Industrial Park.
    2. Failure of the City Plan Commission to act upon such building or improvement plans within sixty (60) days after submission to the Ashland City Plan Commission shall constitute an approval of such plans.
    3. The Plan Commission may, at its discretion, recommend relief to the provisions of this section pursuant to Section 3.9: Conditional Use Permit.
  4. Minimum parcel area. No building or structure shall be constructed or erected within the Ashland Industrial Park on parcels containing less than two (2) acres total land area.
  5. Required setbacks from front parcel line. No part or portion of any building shall be erected, constructed or extended nearer than fifty (50) feet from the front parcel line in the Ashland Industrial Park. Corner street side yards shall be a minimum of thirty (30) feet. Employee parking of automobiles shall be prohibited at all times within the fifty (50) foot front setback of any parcel of the Ashland Industrial Park. Limited visitor or customer parking may be allowed within the fifty (50) foot front setback, provided that a minimum fifteen (15) foot boulevard is provided. The front and corner street side setback shall be entirely graded and sodded or seeded between said parcel lines, and from the road shoulder to the building face in a manner that would produce an acceptable lawn, excepting only such areas as may be required for driveways, visitor parking, or walks.
  6. Required setbacks from interior side parcel line. No part or portion of any building shall be erected, constructed or extended nearer than twenty (20) feet to any interior side parcel line. The combined total of side yards for any interior parcel shall not be less than forty (40) feet.
  7. Driveways and walks. All driveways shall be surfaced with hot-mixed asphalt concrete or cement concrete from the city street surface to the front building face. All walks shall be of cement concrete. All such drives and walks shall be completed during the time of construction of the building.
  8. Required parking. Refer to Section 6.3: Parking and Loading and Table 6.3-A: Required Off-Street Parking Spaces. City streets will not be designed by the City of Ashland to provide parking.
  9. Underground utilities.
    1. Wherever practical, industries purchasing land and constructing buildings in the Ashland Industrial Park shall bury all utilities to a depth of at least thirty-six (36) inches from the point of delivery at the Ashland Industrial Park provided by the private utility company or the Wisconsin Telephone Company. As a rule of thumb, all power lines carrying 13.8 KV or less shall be buried from the point of delivery by the power company to the point of the connection to the industrial structure. In instances where specific industries require power lines carrying 34.5 KV, a decision shall be reached on underground installation requirements on an individual case basis. This decision shall be reached by the Ashland Plan Commission (following consultation with the private power utility) at the time that the prospective industry submits a detailed site plan for review, as required by the provisions of this Ordinance.
    2. Wherever practical, however, the Plan Commission shall, as a matter of policy, require underground installation of power lines carrying 34.5 KV from the point of delivery made by the private power utility to the point of connection to the industrial structure.
    3. In all cases, natural gas and telephone service lines shall be buried to a depth of at least thirty-six (36) inches between the point of delivery made by the private utility and the point of connection with the industrial structure.
  10. Demonstration areas. In the event that an industry wishes to develop and use an area for the demonstration of power equipment (farm machinery, logging equipment, earth-moving equipment, etc.) to potential customers, the boundaries of such areas shall be clearly defined and conform to the setback, side yard, and rear yard requirements of these restrictions. Demonstration areas shall be clearly defined, and be separated from the primary industrial plant structure by a distance of at least thirty (30) feet. Such areas shall be screened from view from all public and private access roads within the Ashland Industrial Park by a fence which shall be eight (8) feet in height. Wire mesh fencing is unsuitable as a screening device.
5. Maintenance and controls.
  1. Control of particulate emissions.
    1. The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
    2. The general level of control of particulate emissions by any and all industrial plants which occupy land in the Ashland Industrial Park shall comply with Chapter NR 415 and Chapter 431 of the Wisconsin Administrative Code. In addition, any industry which intends to employ a production process which will lead to immediate discharge of particulate emissions shall, as required by the State Administrative Code, file a letter of intent prior to commencing operations with the Environmental Protection Section, Department of Natural Resources, Spooner, Wisconsin, and send a copy to the Ashland City Clerk, Ashland, Wisconsin.
  2. Rubbish burning. No rubbish may be burned on the property except in an incinerator especially constructed and designed for this operation.
  3. Solid waste management.
    1. All firms which purchase land and establish a producing industry within the Ashland Industrial Park shall arrange for adequate disposal of solid waste materials generated as a part of the production processes so established. Solid waste materials so generated shall be disposed of at weekly intervals in a lawful manner, as prescribed and specified in the Wisconsin State Administrative Code.
    2. Solid waste materials must be stored in a protected manner and be screened from view behind a fence of solid materials or slatted cyclone, such as will provide a suitable visual screen. The minimum height of such fence shall be six (6) feet. The fence must be kept painted or have such other finish as is generally accepted for good appearance.
Recycling Facilities and Indoor and/or Outdoor Salvage Operations.
1. License required. It shall be unlawful to operate or maintain a recycling facility or indoor and/or outdoor salvage operation without having obtained a license pursuant the following:
  1. Filing date. Every applicant for such license shall annually file by April 15 a written application with the City Clerk upon a form prepared and provided by the City.
  2. Inspections. The property shall be inspected by the Building Inspector, a representative of the Police Department, and a representative of the Fire Department to determine whether the use complies with all relevant laws, ordinances, rules, and regulations.
  3. License fee. An annual license fee, found on the City of Ashland’s Comprehensive Fee Schedule, shall be paid at the time of application.
  4. Expiration of license. All licenses shall expire on June 30 following their issuance, unless revoked sooner.
  5. Posting. The current license shall be posted at all times in a conspicuous place on the property described.
2. Location of outdoor recycling and/or salvage materials. No recycling and/or salvage materials, nor the accumulation of such materials, shall be allowed within seven hundred fifty (750) feet of the center line of any county trunk, state trunk or federal highway or within five hundred (500) feet of the center line of a town road (unless approved through the issuance of a permit by the town board). All recycling and/or salvage materials and the accumulation of such materials, within one thousand feet (1000) of the nearest edge of a state or federal highway shall be stored in an enclosed structure or shall be screened so as to not be visible from the state or federal highway. Recycling facilities and indoor and/or outdoor salvage operations shall be accessible from a designated approved heavy haul route as determined by the Public Works Director, County Highway Commissioner or Designated Authorized Agent.
3. Lost or stolen goods. Every keeper of a recycling facility or salvage operation who receives or is in possession of any goods, articles, or things of value that may have been lost or stolen shall upon demand produce such article or thing to any member of the Police Department for examination.
4. Fencing and screening. Any recycling and/or salvage materials stored in the open shall be enclosed and screened by a solid wall or non-transparent fence so that the salvage materials are not visible from other properties in the vicinity, or from a public right-of-way, such as roads, streets, highways, and waterways. The screening shall be eight (8) feet in height and kept in good repair. The eight (8) foot height requirement may be waived and an appropriate height set by the Plan Commission. The Plan Commission may in its discretion waive the fencing and screening requirement for any property perimeter for which it determines that the visibility of the storage material is not a detriment to the public interest.
5. Condition of property. All property licensed or used for a recycling facility or an indoor and/or outdoor salvage operation shall be maintained in proper and sanitary condition with no articles piled so as to protrude beyond the enclosure.
Community Composting Facilities.
1. Intent. A community composting facility, if not properly designed and operated, can be harmful to the safety and general welfare of the City and it citizens. This section is therefore intended to define basic requirements necessary to protect the public and our natural resources, as well as enhance the welfare of the public while providing waste alternatives and promoting sustainability within the community. This section does not relieve any obligation or requirements imposed by any Federal, State or local law or regulation. Refer to Department of Natural Resources Chapter 502 of the Wisconsin Administrative Code.
2. Location and Site Requirements.
  1. Location. The materials storage, curing, processing and composting areas of the composting facility shall not be located within a mapped floodplain. Refer to the Wisconsin Department of Natural Resources for minimum separation/setbacks distances.
  2. Access. The composing facility shall be accessible from a designated and approved heavy haul route as determined by the Public Works Director, County Highway Commissioner, or Designated Authorized Agent.
  3. Design standards. Design standards for the composting facility at a minimum, shall be consistent with those specified in Department of Natural Resources Chapter 502.12 of the Wisconsin Administrative Code.
3. Performance Standards. All community composting facilities shall be required to comply with the standards in Part 7: Performance Standards of this ordinance.
4. Buffers and Screening.
  1. Buffer. Parcels containing a community composting facility shall be required to maintain a vegetative buffer of at least twenty (20) feet around the entire parcel.
  2. Screening. Outdoor composting and storage areas shall be screened by a minimum six (6) foot high, sight-obscuring fence, wall, landscaping berm, or planting strip as required by the Zoning Administrator or Designated Authorized Agent.

5.4 Utilities And Communication Uses

Communication Equipment: Major.
1. Satellite dishes between three (3) feet and twelve (12) feet in diameter. The placement, erection, or installation of satellite dishes between three (3) feet and twelve (12) feet in diameter shall require the approval of a conditional use permit and a building permit. In addition, the dish shall comply with the following requirements:
  1. Residential properties. On residential properties, satellite dishes that are between (3) feet and twelve (12) in diameter shall only be located in rear yards or on the roof of a detached garage, so long as the height of the detached garage and the dish is equal to or less than the height of the principal building.
  2. Non-residential properties. Satellite dishes between three (3) feet and twelve (12) feet in diameter that are located on non-residential properties may be erected on the roof of a principal or accessory building, and in side or rear yards, but shall not be located within front yards.
  3. Variance for location. In the event that a usable signal cannot be obtained by locating the satellite dish in locations permitted by this Ordinance, the Zoning Board of Appeals may grant a variance, following proper variance procedures, to allow the placement of a satellite dish in another location.
  4. Advertising or graphic designs. No advertising or graphic designs, excluding communication call letters or frequencies, are permitted on satellite dishes.
2. Wireless telecommunication facilities. Towers, antennas, and related accessory uses and structures associated with wireless telecommunication facilities shall be installed, erected, and maintained pursuant to the provisions of this Subsection.
  1. Intent. The intent of this Subsection is as follows:
    1. Ensure the provision of personal wireless service within the corporate boundaries of, and for the benefit of, the residents of the City of Ashland;
    2. Protect the public health, safety, and general welfare of the community, public and private property, and community aesthetics;
    3. Minimize the visual impacts of wireless telecommunication facilities through design and siting standards;
    4. Maximize the use of existing and approved towers and buildings to accommodate multiple antennas to reduce the number of towers required to serve the community;
    5. Avoid damage to adjacent properties from tower failure through structural standards and setback requirements; and
    6. Avoid conflicts with an AIR-O Airport Overlay.
  2. Interpretation and applicability.
    1. This Subsection shall be interpreted consistent with the provisions of the Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 and any subsequent amendments;
    2. This Subsection shall apply to all persons, partnerships, corporations, and other entities seeking to locate, site, place, modify, or construct wireless telecommunication facilities within the City of Ashland;
    3. This Subsection reserves to the City of Ashland all authority contained in state law and this Ordinance regarding land use, zoning, and regulation that has not been preempted by the federal government pursuant to Section 704 of the Telecommunications Act of 1996 (or subsequent amendments) as to the placement, construction, and modification of personal wireless service facilities;
    4. This Subsection does not apply to the use or location of private, residential citizen band radio towers, amateur radio towers or television antennas, or public safety communication facilities owned or operated by the City of Ashland or other governmental entity;
  3. Permits required. All wireless telecommunication facilities shall require the issuance of a building permit. In addition, all wireless telecommunication facilities shall require the issuance of a conditional use permit, except as exempted below:
    1. City-owned water towers. Wireless telecommunication antennas shall be permitted upon city-owned water towers provided the applicant has incorporated the applicable performance standards specified in this Subsection, a lease agreement with the City has been approved by the Common Council, a development permit and a building permit have been obtained, and all applicable fees have been paid;
    2. Co-location on existing towers or structures. Wireless telecommunication antennas shall be permitted to be attached to existing, conforming, steeples, bell towers, smokestacks, public and institutional buildings, and radio towers in accordance with the applicable co-location requirements and performance standards of this Subsection, and after the applicant has provided the City a written statement of approval from the tower or structure owner or lessor, has obtained a development permit and a building permit from the City, and has paid all applicable fees. The antenna shall not serve to extend the height of the existing, conforming, steeple, tower, smokestack or radio tower, by more than fifteen (15) feet;
    3. Utility poles. Wireless telecommunication antenna shall be permitted to be attached to utility poles after the applicant has provided a written statement of approval from the utility owner or lessor, has obtained a development permit and a building permit from the City, and has paid all applicable fees. The height of the antenna shall not exceed fifteen (15) feet above the pole. Existing lattice constructed utility pole structures may also be used provided the approval of the owner and a development permit and building permit is obtained.
  4. Permit application requirements. In addition to the application requirements specified in Part 3: Application, Review, and Approval Procedures relating to conditional use permits, development permits, and building permits, applicants shall provide the following additional application materials:
    1. A document from the owner or lessor that allows the applicant to apply for a conditional use permit and/or development permit and building permit to erect a wireless telecommunication facility;
    2. An accurate site plan that shows parcel lines, location of wireless communication tower or antenna setback distances, any accessory equipment or structure, and proposed fencing and landscaping;
    3. An illustrative drawing showing how the wireless communication facility will be as aesthetically in keeping with the surroundings as possible;
    4. Sufficient information to show that the construction, installation, and maintenance of the wireless telecommunication facility will not create a safety hazard or damage to property of other persons;
    5. A report or plan from a qualified and registered engineer or firm that specifies the tower height and design (including cross-sections and elevations); the height above grade for all potential mounting positions for co-location antennae and the minimum separation distances between antennae; structural mounting designs and materials list; and the capacity of the tower (including the number and type of antennae that the tower can accommodate). As applicable, an engineer’s stamp and number shall be required;
    6. Structural and electrical plans showing how the proposed tower will accommodated the co-location of the applicants antenna and comparable antennas of additional users; and the plans and specification whereby the proposed tower is designed to allow for future rearrangement of antennas to accommodate additional users and the mounting of additional antennas at varying heights;
    7. Plans and specifications showing how the proposed facility will be maintained in keeping with all applicable codes and ordinances.
  5. Inspection. The Building Inspector or Designated Authorized Agent may, at any time, inspect any wireless telecommunication facility to ensure its structural integrity. If upon such inspection it is determined that the facility fails to comply with such applicable codes and/or ordinances, and that such failure constitutes a danger to persons or property, then upon notice being provided to the owner of the facility, the owner shall have thirty (30) days to bring the facility into compliance with applicable codes and standards. Failure to bring the facility into compliance within the said thirty (30) days shall constitute cause for removal at the owner’s expense.
  6. Non-interference. All new or existing wireless telecommunication facilities shall comply with all relevant Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) standards and shall not interfere with public safety and other city and private telecommunication operations.
  7. Insurance. The applicant shall provide the City with proof of liability insurance that protects against losses due to personal injury or property damage resulting from the construction, operation, or collapse of the tower, antennae, or accessory equipment.
  8. Co-location requirements. An application for a new wireless telecommunication tower shall document that co-location is not feasible, in that the antenna planned for the proposed tower cannot be reasonably accommodated,
    1. on a City-owned water tower;
    2. on an existing and conforming co-location tower or structure; or
    3. on an existing utility pole.
      
      The application shall document that existing co-location options, both within and transcending the municipal borders is not feasible. In addition, the application shall document, for the purpose of providing service to the residents and businesses of the City of Ashland, co-location of the tower would do one or more of the following:
      1. The antenna would exceed the structural capacity of the existing or approved tower or structure;
      2. The antenna would cause interference with other existing or planned equipment at the tower or structure;
      3. Existing or approved towers or structures cannot reasonably accommodate the antenna at a height necessary for the proposed antenna to provide service to the residents and businesses of the City of Ashland;
      4. Existing or approved structures suitable for the antenna are outside the documented search area;
      5. The owners or lessors of the existing or approved towers and structures are unwilling to allow co-location upon their facilities.
  9. Performance standards. The following performance standards apply to all wireless telecommunication facilities erected, constructed, placed, modified or replaced in the City of Ashland. All wireless telecommunication facilities shall be designed and situated to be visually unobtrusive, to minimize the impact on neighboring uses, and shall conform to the following design and siting criteria:
    1. Height. In a residential district, or on residential properties, a wireless telecommunication facility shall not exceed sixty (60) feet in height. In all zoning districts, the height shall comply with City of Ashland Ordinance 453.
    2. Setbacks. The minimum setback from any parcel line, public right-of-way, building or structure, except for accessory buildings or equipment structures, for a wireless telecommunication tower shall be equal to one hundred (100) percent of the height of the tower. Setbacks for accessory buildings and equipment structures associated with wireless telecommunication facilities shall comply with the zoning district in which the facility is located.
    3. Accessory equipment structures. All accessory equipment structures adjacent to an antenna system and/or tower shall be screened or architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district.
    4. Fencing. Pursuant to the conditions of the approved conditional use permit, appropriate safety fencing shall be incorporated within the site accommodating the tower and accessory equipment structures.
    5. Landscaping and screening. Pursuant to the conditions of the approved conditional use permit, proper landscaping and screening shall be incorporated into the site accommodating a tower and its accessory equipment.
    6. Color. The wireless telecommunication tower and antenna shall be a neutral color such as a light gray or sky blue, except as may be otherwise dictated by the Federal Aviation Administration (FAA), and be designed to minimize visibility and to blend into the surrounding environment.
    7. Materials and wind loads. Towers and antennas shall be designed to withstand applicable wind load requirements as prescribed in the applicable building codes. Towers and/or antenna systems shall be constructed of, or treated with, corrosive resistant material. A regular maintenance schedule shall be followed.
    8. Roof mounted wireless telecommunication antennas. Roof mounted wireless telecommunication antennas shall not be permitted on pitched roofs, unless they are stealth antenna incorporated into upward thrusting architectural elements, such as a steeple, spire, bell tower, or smoke stack. On flat roofs, the height of the antenna and mounting hardware may not be more than fifteen (15) feet above the highest point of the roof to which the antenna is attached.
    9. Structurally mounted wireless telecommunication antennas. A wireless telecommunication antenna mounted to the side of a building, shall be attached flush to the side of the building and shall not protrude more than three (3) feet from the side of the building. Structurally mounted antennas not affixed to towers shall be made to blend into the design and contours of the structure.
    10. Lights. No antenna or tower shall have lights, reflectors, flashers, daytime strobes, steady night lights, or other illuminating devices affixed or attached to it in any way, except as may otherwise be required by the Federal Aviation Administration (FAA). Lights shall also comply with an AIR-O Airport Overlay.
    11. Signs and advertising. No signs and/or advertising message, excluding communication call letters or frequencies, shall be affixed to the antenna or tower structure.
    12. Other attachments. No antenna or tower shall have constructed thereon, or attached thereto, any platform, catwalk, crow’s nest, or similar structure for the purpose of human support, except during periods of construction or repair.
  10. Obsolete or abandoned towers. All obsolete, damaged, unused, or abandoned wireless telecommunication towers and accompanying accessory structures shall be removed within twelve (12) months of the cessation of operations unless a time extension is approved by the Common Council. If the tower is not removed, it may be deemed a nuisance pursuant to Wisconsin Statutes. In the event a tower obsolete or abandoned tower is determined to be a nuisance, the City may act to abate such nuisance and require the removal of the tower at the owner’s expense. The owner shall provide the City with a copy of the notice of the Federal Communications Commission (FCC) intent to cease operations and shall be given twelve (12) months from the date of ceasing operations to remove the obsolete or abandoned tower and all accessory structures. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of twelve (12) consecutive months. The equipment on the ground is not to be removed until the tower structure has first been dismantled. After the facilities have been removed, the site shall be restored to its original condition, or to an improved state.
3. Applicability. This section 5.4A applies to communication equipment that is not regulated under section 5.4E.
Communication Equipment: Minor.
1. Amateur radio. Amateur radio tower installed, erected, maintained and/or operated by a federally licensed amateur radio operator shall be permitted with the issuance of a development permit and building permit provided that the antenna use involved is accessory to the primary use of the property, which is not a telecommunication facility; on residential property, no more than one support structure for licensed amateur radio operator is allowed on a parcel; and sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
2. Television antenna.
  1. Development permit and building permit required. Except as otherwise contained herein, it shall be unlawful for any person to install, either as owner or agent, servant or employee of the owner, or as an independent contractor for the owner, or otherwise, any outside antenna for television receiving apparatus or equipment or any additions to, or substitutions for, such additions or substitutions therefore, until a development permit and building permit has first been obtained from the Building Inspector or Designated Authorized Agent. A permit shall not be required for a roof mounted antenna not exceeding eight (8) feet in height over the highest peak of the roof.
  2. Certificate of approval required. It shall be unlawful for any person to make use of, or maintain in place, any outside antenna for television receiving apparatus or equipment unless and until the same has been inspected and approved by the Building Inspector and a certificate of approval issued therefore.
  3. Height. In residential districts, or on residential property, freestanding mast-type television antennas shall not exceed sixty (60) feet in height.
  4. Mechanical construction and guying. The television antenna system shall comply the following standards relating to mechanical construction and guying:
    1. Television antenna systems shall be made of non-corrosive material consistent with the standards of the Underwriter Laboratories, Inc., in compliance with the now current issue of such standards except as the same are herein specifically varied. Television antenna systems installed on roofs musts be mounted on their own platforms or plate covering two or more parallel rafters of roof and securely anchored. The antenna and mast may be of design with a heavy base to make it self-supporting.
    2. In all cases, where possible and practical, the tower or mast support shall, unless of the self-supporting type, be supported from the vertical wall of the building. No such system may be mounted so as to project over any street, sidewalk, alley, or public thoroughfare, or in such a manner as might be a hazard to public safety or endanger electric power and communication lines in periods of high winds.
    3. Any television antenna mast over ten (10) feet in height shall be supported by at least four (4) guy wires. Towers or mast supports constructed of a single pipe or a series of lengths of pipe telescoped shall require four (4) guy wires at each joint or at such joints as are considered to be adequate for support, or within the standards of accepted engineering practices.
    4. The television antenna system shall be so designed and erected as to withstand the pressure of an eighty (80) mile per hour wind.
    5. Where the height of any television antenna system is twenty-five (25) feet or over, a detailed sketch thereof and the location of the antenna with respect to the sidewalks and existing electric or communication lines, shall accompany the application for a development permit and building permit; and such sketch shall comply with all the requirements of this Ordinance.
    6. Anchor points for guy wires must be secured to withstand a strain of at least six hundred (600) pounds of guy wire. Rawl plugs may not be used for anchor points.
    7. Guy wires must be of non-corrosive material with a tensile strength of at least six hundred (600) pounds.
    8. Poles used for electric power or communication lines shall not be used for guying television antenna systems in any manner whatsoever.
    9. Miscellaneous hardware, such as brackets, turn buckles, and thimble clips, shall be hot dipped galvanized or similarly treated for weather protection and be able to withstand a strain of six hundred (600) pounds.
  5. Transmission lines. The television antenna system shall comply with the following standards relating to transmission lines:
    1. Transmission lines shall be of a type consistent with standards of the Underwriter Laboratories, Inc., in accordance with the now current issue of such standards and must be kept at least six (6) inches from existing telephone and electric wires.
    2. The transmission line shall not be attached to the same cross armor supports for light, power, or communication conductors, and shall not come within six (6) feet of a lightning rod.
    3. The wires from the television antenna mast on the outside of the building wall shall be supported in a manner to hold the wires taut on both horizontal and vertical runs. They shall be protected and insulated when entering buildings by use of an insulating tube and where exposed to mechanical injury shall be suitably protected. They shall have a permanent separation of two (2) feet from open wires up to two hundred fifty (250) volts potential, and greater separation at higher voltages.
    4. The transmission line shall be suitably insulated. The wires shall be supported by approved brackets and standoff insulators placed at least every ten (10) feet on the side of the building.
  6. Lightning arresters. The television antenna system shall comply with the following standards relating to lightning arresters:
    1. Lightning arresters shall be of a type consistent with the standards of Underwriter Laboratories, Inc., in accordance with the new current issue of such standards. Both sides of the line shall be adequately protected with proper resistors or neon lights to remove the static charges accumulated on the line and shall match the transmission line at television frequencies.
    2. The arresters shall be located outside the building, if practical. If the arresters must be placed inside the building, they shall be located at the nearest accessible space where the transmission line enters the building, away from combustible materials, and not in hazardous locations. If installed outdoors, it shall be connected to an electrode installed in accordance with the requirements of the state electrical code.
    3. When lead-in conductors of polyethylene ribbon type are used, lightning arresters shall be installed in each conductor. If a coaxial cable is used for the lead-in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheaths.
  7. Grounding. The television antenna system shall comply with the following standards relating to grounding:
    1. Television antenna systems shall be adequately grounded for protection against a direct stroke of lightning. Ground wires shall be a minimum No. 8 aluminum or copper for grounding masts and lightning arresters, and shall be mechanically and electrically secured to the antenna mast and grounding electrode by the use of approved fittings. The grounding conductor shall be run in as straight a line as practical.
    2. The ground electrode for the television antenna mast may also serve as the ground electrode for the lighting arrester.
    3. In the case where coaxial cable is used, it is permissible to ground the antenna mast to the shield of the cable.
3. Satellite dish three (3) feet or less in diameter.
  1. Permitted locations. In any district, satellite dishes that are less than three (3) feet in diameter shall be located in the rear or side yard, or located on a principal or accessory building. In no case shall a satellite dish be located in the front yard or corner street side yard.
  2. Variance for location. In the event that a usable signal cannot be obtained by locating the satellite dish in locations permitted by this Ordinance, the Board of Appeals may grant a variance, following proper variance procedures, to allow the placement of a satellite dish in another location.
  3. Advertising or graphic designs. No advertising or graphic designs are permitted on satellite dishes.
  4. Development permit not required. A development permit shall not be required for a roof mounted satellite dish three (3) feet or less in diameter.
4. Temporary communication structures. The temporary use of wheeled communication structures, properly anchored, shall be accepted, but they shall not remain at any given location for more than thirty (30) days and shall be registered with the Zoning Administrator or Designated Authorized Agent if they are going to be used for more than seventy-two (72) hours.
Utility Facilities. All structures associated with a utility facility shall meet the setbacks for principal structures in the subject zoning district and shall be adequately landscaped and screened pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Wind Energy Facility.
1. Intent. The intent of this Subsection is as follows:
  1. Oversee the permitting of wind energy facilities in the City of Ashland; and
  2. Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of the wind energy facility pursuant to Section 66.0401 of the Wisconsin Statutes.
2. General provisions.
  1. Authority. This Subsection is adopted pursuant to the authority granted in Section 62.23(7) of the Wisconsin Statutes and Section 66.0401 of the Wisconsin Statutes.
  2. Applicability. The requirements of this Subsection shall apply to all wind energy facilities proposed after the effective date of this Subsection. Wind energy facilities for which a required permit has been properly issued before the effective date of this Subsection shall not be required to meet the provisions of this Ordinance; provided, however, that any such pre-existing wind energy facility that does not provide energy for a continuous period of twelve (12) months shall meet the requirements of this Subsection prior to recommencing production of energy. However, no modification or alteration to an existing wind energy facility shall be allowed without full compliance with this Ordinance.
  3. Conditional use permit required. Approval of a conditional use permit shall be required for the installation of a wind energy facility. In addition to the general conditional use permit requirements described in Section 3.9: Conditional Use Permit, a conditional use permit application for installation of a wind energy facility shall include the following:
    1. Parcel lines and physical dimensions of the parcel;
    2. Locations, dimensions, height, and types of existing major structures on the parcel;
    3. Location of the proposed wind energy facility;
    4. The right-of-way of any public road that is contiguous with the parcel;
    5. Any overhead utility lines;
    6. Wind energy facility specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed); and
    7. Tower and tower foundation drawings.
  4. Building permit required. A building permit pursuant to Section 3.32: Building Permit shall be required for the installation of a wind energy facility.
  5. Abandonment.
    1. A wind energy facility that is out of service for a continuous twelve (12) month period shall be deemed to have been abandoned. The Zoning Administrator or Designated Authorized Agent may issue a notice of abandonment to the owner of the wind energy facility that is deemed to have been abandoned. The owner shall have the right to respond the notice of abandonment within thirty (30) days of notice receipt date. The Zoning Administrator or Designated Authorized Agent shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind energy facility has not been abandoned.
    2. If the wind energy facility is determined to be abandoned, the owner of the wind energy facility shall remove the wind generator from the tower at the owner’s sole expense within three (3) months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the Zoning Administrator or Designated Authorized Agent may pursue a legal action to have the wind generator removed at the owner’s expense.
3. Design standards. A wind energy facility shall be permitted in all zoning districts after issuance of a conditional use permit and subject to the following standards:
  1. Capacity and total height. A wind energy facility shall have a nameplate capacity of one hundred (100) kilowatts or less and shall have a total height, as measured from ground level to the tip of a wind generator blade when the tip is at its highest point, of one hundred seventy (170) feet or less. The total height of the wind energy facility shall not exceed the allowable height specified in the City of Ashland Ordinance 453 pursuant to the provisions of this Ordinance. If the height in this section is greater than that maximum height allowable for each zoning district, the maximum height allowed by this section shall govern.
  2. Setbacks. A tower for a wind energy facility shall be set back a distance equal to its height from the following:
    1. Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;
    2. Any overhead utility lines, unless written permission is granted by the affected utility; and
    3. All parcel lines, unless written permission is granted from the affected property owner or neighbor.
  3. Access. Access to the wind energy facility shall be controlled as follows:
    1. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access; and
    2. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above the ground.
  4. Noise. Audible noise from wind energy facilities shall not exceed fifty (50) dB(A) when measured from the outside of the nearest residence, business, school, hospital, religious institution, or other inhabited structure. In the event the noise emitted from the wind energy facility contains a steady pure tone such as a whine, screech, or hum the wind energy facility shall not exceed forty-five (45) dB(A) when measured outside the nearest inhabitable structure.
  5. Electrical wires. All electrical wires associated with a wind energy facility, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
  6. Signal interference. The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone, or television signals caused by the wind energy facility.
  7. Lighting. A tower and wind generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration or the City of Ashland to minimize potential air navigation hazards. Lighting shall also be consistent with an AIR-O Airport Overlay.
  8. Appearance, color, and finish.
    1. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless required otherwise as a condition of the conditional use permit.
    2. The design of wind energy facility related buildings and structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the buildings and structures to the natural setting and the existing environment.
  9. Signs. All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a wind energy facility are prohibited.
  10. Code compliance. A wind energy facility, including the tower, shall comply with all applicable state construction and electrical codes, and the National Electrical Code.
  11. Utility notification and interconnection. A wind energy facility that connects to the electric utility shall comply with the Public Service Commission of Wisconsin’s Rule 119, Rules for Interconnecting Distributed Generation Facilities.
  12. Meteorological tower. Meteorological towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a wind energy facility.
Mobile Tower Siting Ordinance.
1. Definitions. In this section:
  1. "Antenna" means communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
  2. "Application" means an application for a permit under this section to engage in an activity specified in sub. (2) (a) or a class 2 collocation.
  3. "Class 1 collocation" means the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility but does need to engage in substantial modification.
  4. "Class 2 collocation" means the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility or engage in substantial modification.
  5. "Collocation" means class 1 or class 2 collocation or both.
  6. "Distributed antenna system" means a network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
  7. "Equipment compound" means an area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.
  8. "Existing structure" means a support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with a political subdivision.
  9. "Fall zone" means the area over which a mobile support structure is designed to collapse.
  10. “Mobile service” means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (A) both one-way and two-way radio communication services, (B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.
  11. "Mobile service facility" means the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.
  12. "Mobile service provider" means a person who provides mobile service.
  13. "Mobile service support structure" means a freestanding structure that is designed to support a mobile service facility.
  14. “Public utility” means a public utility as defined in Section. 196.01, Wis. Stats.
  15. "Search ring" means a shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.
  16. "Substantial modification" means the modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
    1. For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
    2. For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more.
    3. Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.
    4. Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
  17. "Support structure" means an existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.
  18. "Utility pole" means a structure owned or operated by an alternative telecommunications utility, as defined in Section 196.01 (1d)Wis. Stats.; public utility, as defined in s. 196.01 (5) Wis. Stats.; telecommunications utility, as defined in s. 196.01 (10) Wis. Stats.; political subdivision; or cooperative association organized under Chapter 185 Wis. Stats.; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Section 182.017 (1g) (cq) Wis. Stats.; for video service, as defined in Section 66.0420 (2) (y) Wis. Stats.; for electricity; or to provide light.
2. New construction or substantial modification of facilities and support structures.
  1. Any person seeking to engage in either of the following activities must submit an application for a conditional use permit as described in subsection (b), together with the applicable fee, to the Zoning Administrator. Either of the activities described in this section is a conditional use in all zoning districts.
    1. The siting and construction of a new mobile service support structure and facilities.
    2. With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities.
  2. The application which a person must complete to engage in the siting, construction, or modification activities described in par. (a) shall be in writing and shall contain all of the following information:
    1. The name and business address of, and the contact individual for, the applicant.
    2. The location of the proposed or affected support structure.
    3. The location of the proposed mobile service facility.
    4. If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
    5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
    6. If an applicant is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
  3. If an applicant submits to an application for a permit to engage in an activity described under par. (a), which does not contain all of the information required under par. (b), the Zoning Administrator shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
  4. Within 45 days of receipt of a complete application, the Zoning Administrator shall review the application to determine whether it complies with all applicable aspects of the City's building code and, subject to the limitations in this section, zoning ordinances.
  5. Within 90 days of receipt of a complete application, the City Council shall make a final decision whether to approve or disapprove the application and shall, within the same 90 day period, notify the applicant, in writing, of its final decision.
  6. If the decision of the City Council is to disapprove the application, the Zoning Administrator shall include with the written notification substantial evidence which supports the decision.
  7. The 90 day time period set forth in subsection (e), above, may be extended by agreement of the City and applicant.
  8. The City Council may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under subsection (b) (6).
  9. A party who is aggrieved by the final decision of the City Council may bring an action in the circuit court of Ashland County.
  10. If an applicant provides the City with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback required in the zoning district in which the facility is proposed, this ordinance does not apply to such a structure unless there is substantial evidence, which the City provides to the applicant, that the engineering certification is flawed.
3. Collocation on existing support structures.
  1. A class 2 collocation is a permitted use in all zoning districts.
  2. A class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.
  3. Any person seeking to engage in a class 2 collocation shall submit an application for a development permit and site plan approval together with the applicable fees, to the Zoning Administrator. The application shall contain all of the information required under subsection (2) (b) (1) to (3). If any of the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within 5 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
  4. Within 15 days of receipt of a complete application, the Zoning Administrator shall review the application to determine whether it complies with all applicable aspects of the law.
  5. Within 45 days of receipt of an application, the City Council shall make a final decision whether to approve or disapprove the application, and shall, within the same 45 day period, notify the applicant, in writing, of its final decision, and if the application is approved, shall issue the applicant the relevant permit.
  6. If the decision is to disapprove the application, the Zoning Administrator shall include with the written notification substantial evidence which supports the decision.
  7. The 45 day period set forth in subsection (e), above, may be extended by agreement of the City and applicant.
  8. A party who is aggrieved by the final decision of the City Council under par. (e) may bring an action in the circuit court of Ashland County.
4. Limitations. With regard to an activity described in subsection (2) (a) or a class 2 collocation, the City Council shall not do any of the following:
  1. Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers.
  2. Permit third-party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications.
  3. Disapprove an application to conduct an activity described under subsection (2) (a) based solely on aesthetic concerns.
  4. Disapprove an application to conduct a class 2 collocation on aesthetic concerns.
  5. Prohibit the placement of emergency power systems.
  6. Require that a mobile service support structure be placed on property owned by the City.
  7. Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting.
  8. Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the City at less than the market rate, or to provide the City other services via the structure or facilities at less than the market rate.
  9. Limit the duration of any permit that is granted.
  10. Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in collocation.
  11. Disapprove an application based on an assessment of the suitability of other locations for conducting the activity.
  12. Require that a mobile service support structure, existing structure, or mobile service facilities have or be connected to backup battery power.
  13. Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures.
  14. Consider an activity a substantial modification under subsection (1) (q) (1) or (2) if a greater height is necessary to avoid interference with an existing antenna.
  15. Consider an activity a substantial modification under sub. (1) (q) (3) if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.
  16. Limit the height of a mobile service support structure to under 200 feet.
  17. Condition the approval of an application on, or otherwise require, the applicant's agreement to indemnify or insure the City in connection with the City's exercise of its authority to approve the application.
  18. Condition the approval of an application on, or otherwise require, the applicant's agreement to permit the City to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, the City or an entity in which the City has a governance, competitive, economic, financial or other interest.
5. Collocation preference.
  1. As a matter of municipal policy, the City strongly supports collocation. Applicants proposing new construction shall have the burden of demonstrating the necessity of new construction in lieu of collocation. Facilities proposed for approval shall generally be sized and designed to allow flexibility for addition of more facilities by the same applicant entity or other entities, and the City may negotiate terms and conditions facilitating collocation. Once approved, additional antennas and accessory facilities may be added to a site in accordance with the sharing conditions of the conditional use approval.
  2. Permittees shall exercise good faith in collocating and/or clustering with other communication companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the applicant and complaining user, and such a requirement shall be deemed a condition of any conditional use permit or development permit approved hereunder.
6. Additional criteria and requirements for conditional use permit and development permit and site plan approval.
  1. All changes made to towers exceeding what was requested in the original application or otherwise legally existing at the date of adoption of this section, including, but not limited to, adding microwave dishes, or increasing the height, or profile, shall require review and approval by the Plan Commission.
  2. All towers and sites shall be properly maintained and shall be kept in a condition as not to become a public nuisance or eyesore. Proper maintenance shall include, but not be limited to, regular lawn and landscaping care, painting of an accessory building, fences, and tower. Additionally, the site shall be kept clear of junk and trash.
  3. Landscaping and other requirements. As part of permitting and site plan approval under Sections (2) and (3), the Plan Commission may prescribe landscaping, screening, fencing, and other incidental requirements as a condition of approval, provided no such requirement is prohibited under Section (4).
  4. Every three years, beginning with the adoption of this section or following completion of construction of a tower, whichever is later, the owner of the tower shall submit to the Zoning Administrator a report from a structural engineer or other expert acceptable to the Zoning Administrator reflecting the fact that such tower is structurally sound and does not pose any threat to life or property.
  5. Obsolete or abandoned towers shall be treated as provided in Section 5.4A(2)(j).
  6. No apparatus shall be attached to any tower except as approved by the Plan Commission. Apparatus attached legally to existing towers prior to enactment of this section may remain but not be increased in any way except with approval of the Plan Commission. Plan Commission approval for additional apparatus will be granted only after the applicant demonstrates a need for additional apparatus.
7. Surety required. Prior to final approval for a new mobile service facility, the owner shall furnish a financial guarantee in the form of a letter of credit to the City in the amount of twenty thousand dollars ($20,000). Funds from the letter of credit may be used by the City to pay any professional fees associated with the removal of the tower or restoration of the site upon which it is located.
8. Construction and Severability.
  1. This ordinance shall be construed to be in conformity with Sec. 66.0404, Wis. Stats. Should any provision hereof be inconsistent with any provision of Sec. 66.0404, the provision of Sec. 66.0404 shall control.
  2. Should any section or subsection of this ordinance be found by a court of competent jurisdiction to violate any provision of Sec. 66.0404, Wis. Stats., or any other law, the remainder of this ordinance shall not be affected thereby.

5.5 Temporary Or Seasonal Uses

Model Home. A model home use shall only be allowed in those zoning districts where it permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit. In addition, a model home use shall be consistent with all of the following standards:
1. Office use. No more than fifteen (15) percent of the area of the model home’s main floor shall be used for office area.
2. Spacing. Model homes shall have at least five hundred (500) feet of separation between other model homes. Model homes may have less than five hundred (500) feet of separation if located on separate conforming parcels, and if all required setbacks are met for that zoning district.
3. Allowable time before model home must cease its use as a model home. A model home shall not be used a model home for a period of more than two (2) years. After which, the model home must be converted to a use permitted in the zoning district.
4. Hours of operation. Hours of operation for showing of the model home shall be between 8:00 AM and 8:00 PM, or other reasonable times as may be required by the conditions of an approved conditional use permit.
5. Advertising. Advertising placed on the same parcel with such model home shall be limited to a real estate “For Sale” sign, not to exceed an area of six (6) square feet.
Temporary Construction Building. A temporary construction building shall be permitted after issuance of a development permit (and any other required permits) and shall be removed at or before the time of completion of the construction project.
Temporary Real Estate Office. The sales office and any associated model homes or units shall be open only until the homes or units specifically being marketed are sold out and only between the hours of 8:00 AM and 8:00 PM.
Seasonal Market.
1. General applicability. Seasonal market uses, as defined by this Ordinance, shall be allowed after issuance of a development permit and any other applicable permits, including a building permit, pursuant to the following:
  1. The seasonal market shall be located on the parcel owned or leased by the operator of the seasonal market. Alternatively, the market operator may furnish the Zoning Administrator or Designated Authorized Agent with written evidence that the property owner has given the operator permission to use the parcel for a seasonal market. A certificate of occupancy shall not be required for a seasonal market meeting the requirements of this Subsection.
  2. If fish sales, flowers, plants, Wisconsin-grown farm products, or holiday trees constitute at least seventy-five percent (75%) of the merchandise offered for sale, the activity shall be limited to not more than ninety (90) days in one (1) calendar year. Otherwise, the duration of the seasonal market shall be limited to not more than fourteen (14) days in one (1) calendar year.
  3. The seasonal market shall not produce glare or spill light or noise in violation of this Ordinance.
  4. Signage shall be limited to two (2) signs and a total display area of twenty four (24) square feet for all signs combined.
  5. Sales shall occur between the hours of 7:00 AM and 10:00 PM
  6. The site shall be restored to its previous condition following termination of the seasonal market.

5.6 Accessory Uses And Other Uses

Accessory Building. Accessory buildings shall comply with the following conditions:
1. Size of accessory buildings on residential parcels.
  1. An accessory building on a residential parcel may not occupy more than twenty-five (25) percent of a required rear yard or thirty-five (35) percent of any non-required rear yard. In no instance shall the accessory building exceed the ground floor area of the principal building.
2. Measurement of setbacks. Measurement of setbacks for accessory buildings shall be consistent with Section 6.1 B., 1.: Measurement of Setbacks.
3. Separation from principal buildings. Accessory buildings shall be at least six (6) feet from the principal building situated on the same parcel.
4. Accessory buildings in front yards limited.
  1. No accessory building shall be permitted nearer to the front parcel line than the minimum allowed setback from the front parcel line in the subject zoning district for the principal buildings or the average setback of the principal buildings on parcels immediately adjoining the parcel on the same side of the street, whichever is Jess.
  2. Parcels that are in the FD Future Development, R-E Residential Estate, LI Light Industrial and HI Heavy Industrial, and are a minimum of five (5) acres may locate an accessory building nearer the front parcel line than the principal building, but not nearer the minimum required setback from the front parcel line for a principal building.
5. Accessory building interior side and rear setbacks. Accessory buildings shall not be located Jess than three (3) feet from the interior side or rear parcel lines. Where a vehicle entrance to an accessory building faces an alley right-of-way, the accessory building shall not be located less than ten (10) feet from the parcel line abutting the alley.
6. Accessory building setback on corner parcels. No accessory building shall be permitted nearer to the comer street side parcel line than the minimum allowed setback from the comer street side parcel line in the subject zoning district for principal buildings, or the average setback of the four (4) or less nearest principal buildings and accessory garages along the same side of the street, whichever is less. In no case shall an accessory building be located within the required vision triangle as specified in Section 6.1: General Standards.
7. Accessory building height. No accessory building shall exceed twenty feet (20) feet and one (1) story in height, except in the case of an accessory building containing an accessory dwelling unit located above a garage constructed on a parcel already containing a principal building. No accessory building consisting of a garage and accessory dwelling unit shall exceed 25 feet in overall height. In the case of the Future Development zoning district an accessory building may have a 35-foot maximum height limit if it is located on a parcel where a principal structure already exists. Accessory building height shall be measured in accordance with Section 6.1 C.: Building Height.
8. Accessory building attached to principal building. When an accessory building is structurally attached to a main principal building or located within six (6) feet of the principal building, it shall be subject to, and must conform to, all regulations of this Ordinance applicable to principal buildings.
9. Conversion of accessory building to dwellings limited. The conversion of any accessory building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for a similar occupancy would be permitted under this Ordinance, and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum parcel area, parcel area per dwelling unit, percentage of parcel coverage, dimensions of yards and other open spaces, and off-street parking.
10. Accessory buildings without a principal building. No accessory building shall be erected or constructed prior to the erection or construction of the principal building, except:
  1. Personal storage building. A personal storage building may be constructed as a principal building pursuant to Section 5.6, H.: Personal Storage Building as a Principal Building. Regardless of zoning district such a building shall be limited to twenty (20) feet and one story in height and shall not include living quarters. No building containing an accessory dwelling unit shall be constructed prior to the construction of a principal building on a parcel.
  2. Recreation accessory buildings. An accessory building may be constructed on public lands or at a commercial recreation facility, including campgrounds and outdoor shooting ranges, when the land or facility is issued a permit for, or approved by, the Zoning Administrator or Designated Authorized Agent, as a principal use.
11. Appearance. The architectural appearance of accessory buildings should be visually compatible with the principal building relative to color, materials, and form.
12. Accessory buildings in the FD Future Development District. Accessory buildings over twelve hundred (1,200) square feet in the FD Future Development District shall comply with Section 4.37, D Design Standards and Guidelines for Agricultural Buildings and Other Accessory Buildings.
Accessory Structures. Accessory structures, not elsewhere defined or regulated, shall comply with the following conditions:
1. Size of accessory structures on residential parcels.
  1. An accessory structure on a residential parcel may not occupy more than twenty-five (25) percent of a required rear yard or thirty-five (35) percent of any non-required rear yard. In no instance shall the accessory structure exceed the ground floor area of the principal building.
2. Measurement of setbacks. Measurement of setbacks for accessory structures shall be consistent with Section 6.1 B., I.: Measurement of Setbacks
3. Accessory structure height. No accessory structures shall exceed twenty feet (20) in height and one (1) story, except in the case of an accessory structure containing an accessory dwelling unit located above a garage constructed on a parcel already containing a principal building. No accessory strncture consisting of a garage and accessory dwelling unit shall exceed 25 feet in overall height. In the case of the Future Development zoning district an accessory structure may have a 35-foot maximum height limit if it is located on a parcel where a principal structure already exists. Accessory structure height shall be measured in accordance with Section 6.1 C: Building Height.
4. Storage canopy. Storage canopies as defined shall comply with the following conditions.
  1. Storage canopies shall be located in an interior side yard or rear yard
  2. Shall be limited to one (1) storage canopy per parcel
  3. Shall be located no closer than three (3) feet from any parcel line and shall maintain a six (6) foot separation from any principal or accessory building
  4. Shall not be located on a vacant parcel
  5. Shall be maintained in a reasonable state of repair to prevent them from becoming a public nuisance
  6. Shall be securely anchored and stabilized so as not to shift in the wind or present a public safety hazard.
5. Accessory structures without a principal building. An accessory structure may be constructed on public lands or at a commercial recreation facility, including campgrounds and outdoor shooting ranges, when the land or facility is issued a permit for, or approved by, the Zoning Administrator or Designated Authorized Agent, as a principal use.
6. Other standards. Accessory structures shall meet all other applicable standards pursuant to Section 6.1 B Setbacks, Section 6.1 D: Impervious Coverage, Section 6.1 H: Vision Triangle, Section 6.7: Exterior Lighting and all other applicable standards identified with the approval or permit.
Animals: Keeping of. The regulations of this Subsection are established to permit the keeping of domestic and family farm animals and honey bees to promote the goals and benefits of urban homesteading, including productive use of private property, personal food choice, family subsistence, community food security, sustainability, and animal welfare, in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Also refer to Chapter 951 of the Wisconsin State Statutes for state regulations.
1. Domestic animals. In any residential district, or in conjunction with any existing residential uses in any other district, there may be kept a total of not more than four (4) domestic animals, excluding any dogs or cats less than twelve (12)weeks in age, or rabbits or chickens pursuant to the specific requirements of this Ordinance. No part of any enclosure or pen for domestic animals shall be located less than ten (10) feet from the parcel line. Keeping dogs for the purpose of breeding or sale shall require a license pursuant to City of Ashland Ordinance 351.
2. Family farm animals. The raising of family farm animals shall occur only in those districts where allowed by this Ordinance and only if the subject parcel has a minimum area of twenty thousand (20,000) square feet.
  1. Small. Ten (10) small family farm animals shall be allowed for each twenty thousand (20,000) square feet of parcel area. No part of any enclosure or pen for family farm animals shall be located less than ten (10) feet from the parcel line.
  2. Large. Two (2) large family farm animals shall be allowed for every five (5) acres of parcel area. No part of any enclosure or pen for family farm animals shall be located less than ten (10) feet from the parcel line, except parcels in the FD district.
  3. Future Development (FD) District parcels. An enclosure or pen for family farm animals may be located on the parcel line for all properties five (5) acres or more and pursuant to Chapter 90 of the Wisconsin State Statutes.
3. Beekeeping.
  1. Intent. The intent is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of honey bees in populated areas.
  2. Beekeeping allowed. Beekeeping shall be allowed in all districts allowing the raising of family farm animals. In addition, beekeeping may be allowable in any zoning district that does not allow the raising of family farm animals pursuant to the conditions stated in subparagraph d. Colony densities.
  3. Permit required. Beekeepers are required to obtain a permit from the Zoning Administrator or Designated Authorized Agent for all apiaries, identifying the locations of hives and number of colonies prior to establishment pursuant to Section 3.46: Keeping of Animals Permit. Once a permit is applied for, all neighboring property owners whose parcel line is within one-hundred (100) feet of any hive shall be provided written notification by the Department of Planning and Development. Neighboring property owners shall be allowed fourteen (14) days from the date the notification was mailed to contact the Planning and Development office with an objection to the permit issuance if one or more person residing at the property is allergic to honeybees. If such an objection is made, the permit may be denied. If no objections are made, and the permit is issued, the City reserves the right to revoke the permit should a neighboring property owner discover a person residing on the property has an allergic reaction to honeybees at a later date.
  4. Densities. A maximum of two (2) hives shall be allowed on parcels measuring one (1) acre or less in size. Parcels exceeding one (1) acre in size shall be allowed one (1) additional hive for every additional one-half (1/2) acre of land within the parcel. Parcels exceeding five (5) acres in size shall not require a Keeping of Animals Permit and shall have no maximum number of beehives on the parcel provided that all beehives are located a minimum of one-hundred (100) feet from the parcel line.
  5. Hive type and maintenance. All honey bee colonies shall be kept in inspectable type hives with removable combs, which shall be kept in sound and usable condition. Beekeepers shall ensure that no bee comb or other equipment is left on the grounds of an apiary site. Upon removal from the hive, all supplies should be promptly disposed of or placed in a sealed container or within a building or other bee-proof enclosure.
  6. Setbacks. All hives shall be located a minimum of ten (10) feet from all property lines, with the back of the hive facing the nearest adjoining property.
  7. Fencing of flyways. In each instance in which any colony is situated within twenty five (25) feet of a parcel line of the parcel upon which the apiary is situated, as measured from the nearest point on the hive to the parcel line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height consisting of a solid wall/fence, dense vegetation, or combination thereof that is parallel to the parcel line and extending ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six(6) feet above ground level over the property lines in the vicinity of the apiary.
  8. Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so as to keep the bees from congregating at swimming pools, pet water bowls, bibcocks, birdbaths, or other water sources where they may cause human, or domestic pet contact. The water shall be maintained so as to not become stagnant.
  9. Behavior and swarming. Adequate space shall be maintained in the hive to prevent overcrowding and swarming. Colonies shall be re-queened following any swarming or aggressive behavior. One (1) additional temporary hive is allowed for hive separation or new swarm establishment purposes. Such temporary hive shall be removed from the property within two (2) weeks.
  10. Prohibited. The keeping by any person of bee colonies in the city not in strict compliance with this section is prohibited, including the keeping of diseased, infected or Africanized species of bees. Any bee colony not residing in a hive structure intended for beekeeping, any swarm of bees that poses an immediate risk to the safety of humans, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed by a Designated Authorized Agent of the City.
  11. Notice. Every parcel containing an apiary thereon shall conspicuously post signage warning the presence of hives and beekeeping.
4. Chickens. Chickens (excluding roosters) may be raised in any zoning district that allows the raising of farm animals pursuant to Section 5.6 C.2.: Family Farm Animals. In addition, chickens may be raised in any zoning district that does not allow the raising of family farm animals, but that does allow the keeping of domestic animals, pursuant to the following conditions:
  1. No parcel five (5) acres or less shall be allowed more than six (6) female chickens. Parcels exceeding five (5) acres in size shall be allowed a maximum of one-hundred (100) chickens, provided that the coop is located at least one-hundred (100) feet from any parcel line and all other provisions of this Ordinance are met.
  2. A permit for the raising of chickens shall be obtained from and approved by the Office of the Zoning Administrator and Animal Control Officer pursuant to Section 3.46: Keeping of Animals Permit. A permit fee, as designated in the City of Ashland’s Comprehensive Fee Schedule, shall be paid prior to issuance of the permit and shall be good for three (3) consecutive years. Applicants must obtain consent from all on-site residents. Once a permit is issued, the Department of Planning and Development shall send notifications to the owners of all abutting parcels, if said parcels contain an occupied principal building within one hundred (100) feet of the applicant’s parcel.
  3. Chickens shall be given access to a secure and clean outdoor enclosure, and provided with a covered, predator-proof chicken house that is thoroughly ventilated, of sufficient size to admit free movement of the chickens, designed to be easily accessed, cleaned and maintained by the owners and be at least two (2) square feet per chicken in size.
  4. No chicken house or pen shall be located closer than twenty (20) feet to any residential structure other than the owner’s, nor closer than ten (10) feet from any parcel line. The chicken house may require a building permit pursuant to Section 5.6 A.: Accessory Building, as determined by the Building Inspector or Designated Authorized Agent.
  5. Chickens shall be provided a constant supply of water and food replenished at least once daily.
5. Rabbits. Rabbits may be raised in any zoning district that allows the raising of farm animals pursuant to Section 5.6 C.2.: Family Farm Animals. In addition, rabbits may be raised in zoning districts that do not allow the raising of farm animals but allow the keeping of domestic animals, pursuant to the following conditions:
  1. No parcel shall be allowed more than five (5) rabbits over the age of three (3) months.
  2. Approval shall be required for the keeping of three (3) or more rabbits. Approval shall be obtained from and approved by the Office of the Zoning Administrator and Animal Control Officer pursuant to Section 3.46: Keeping of Animals Permit.
  3. Rabbits shall be provided with a secure and covered, predator-proof hutch that is thoroughly ventilated, of sufficient size to admit free movement of the rabbits, designed to be easily accessed, cleaned and maintained by the owners, and be at least three (3) feet off the ground.
  4. Hutches shall be cleaned and a constant supply of water and food shall be provided and replenished at least once daily; and
  5. Bedding shall be provided when the low temperature for the day is below forty (40) degrees Fahrenheit.
6. General maintenance and care of animals. All pens or enclosures housing any animal shall be maintained in a clean and sanitary condition so as to be free of offensive odors and other nuisance features at all times. All animals shall be confined to pens or enclosures, leashed or attended at all times. Animal pens or enclosures may require a fence permit pursuant to Section 6.5: Fences.
7. Harvesting (slaughtering). The harvesting (slaughtering) of animals for personal use shall occur in a humane and sanitary manner and not open to view from any public right-of-way or adjacent parcel.
8. Commercial. All keeping of animals for commercial or public purposes (including the sale of animals and/or their by-products) shall be regulated as a permitted or conditional use in those districts allowing such use. Such uses include, animal boarding, grooming and training, commercial kennels, farms, livestock, slaughter and research facilities, retail pet stores, wildlife reserves and zoos. Pet shops shall refer to City of Ashland Ordinance 351 for additional regulations.
Day Care: Family Home.
1. The operator of the family home day care shall reside in the dwelling unit in which the day care is located. If this standard is not met, the day care is classified as a commercial day care and must meet the requirements of that use.
2. A family home day care shall not operate between the hours of 12:00 AM and 6:00 AM
3. The family home day care shall be operated in compliance with applicable laws including those specified in Department of Children and Families Chapter 250 of the Wisconsin Administrative Code.
Outdoor Mechanical Equipment. To the maximum extent practical, outdoor mechanical equipment, such as air conditioner condensers and similar mechanical units, shall be located in the rear yard. Where this is not feasible, outdoor mechanical equipment may be located in the side yard. In no case shall outdoor mechanical equipment be located closer than three (3) feet to a parcel line. All outdoor mechanical equipment (including rooftop mechanical units) shall be screened from public view to the extent practical.
Outdoor/Indoor Temporary Sales and Auctions.
1. General requirements. Outdoor/Indoor sales and auctions not requiring a permit, including but not limited to, personal property sale items, garage, yard, or estate sales and auctions shall be consistent with the following requirements:
  1. Garage, yard, or estate sales shall not exceed three (3) days during any six (6) month period;
  2. Sale of personal property items on display or within view from a public right-of-way, including but not limited to, vehicles, boats, trailers, and accessory buildings shall not exceed one year; and
  3. Real estate and estate auctions shall not exceed three (3) days.
2. Sign requirements. All signs for outdoor/indoor temporary sales and auctions shall follow requirements pursuant to Section 6.6, C., 18.: Temporary signs: on-premise.
3. Conditional Use Permit. All other temporary sales exceeding the above requirements may be permitted upon review and approval of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit.
Patio, Deck, Terrace, and Similar Uses.
1. Patio. A patio shall be at least five (5) feet to any parcel line.
2. Deck and/or Terrace. Decks and terraces shall comply with the minimum required setback of the principal building from the front, corner street side, and side parcel lines. Decks and terraces shall comply with the required setback of the principal building from the rear parcel line, but in no case shall a deck or terrace be required to be more than twenty-five (25) feet from the rear parcel line.
3. Porch. A porch shall meet the required setback of the principal building.
Personal Storage Building as a Principal Building. A personal storage building may be used as a principal building (as opposed to an accessory building) if it complies with all of the following conditions:
1. The building shall be permitted only in the FD Future Development District and only on a parcel that has a minimum area of five (5) acres.
2. The building shall be used for personal storage use only. In no case shall it be used for commercial use or any other use for which a fee is charged.
3. At no time shall the building be used as a temporary or permanent dwelling unless it is converted to such a use pursuant to the requirements of this Ordinance and all other applicable codes.
4. The building shall meet the required setbacks of a principal building in the FD Future Development District.
5. Buildings over twelve hundred (1,200) square feet shall comply with the design standards and guidelines specified in Section 4.37, D.: Design Standards and Guidelines for Agricultural Buildings and Other Accessory Buildings.
Public Art. The Intent of this subsection is to regulate public art, as defined by this ordinance, in the City of Ashland and to ensure that the public art being installed contributes to the City’s visual character, enhances the area in which it is proposed to be located and creates a unique sense of place.
1. Private visual works of art. Any visual work of art not defined as Public Art may be regulated as an accessory structure pursuant to Section 5.6 B.: Accessory Structure.
2. Murals.
  1. Intent. The intent of this Paragraph is to regulate the location, design, and maintenance of murals in the City of Ashland.
  2. Application and permits. Due to the large size of murals and the importance that murals have on the overall image of the community, no mural shall be painted or affixed to a building until the building owner has first received a permit for the proposed mural pursuant to Section 3.25: Public Art Permit. A mural, if proposed to be located on a structure designated as historic, may require the approval and issuance a historic preservation certificate of appropriateness pursuant to City of Ashland Ordinance 826.
  3. Ashland Mural Walk. All murals approved by, funded through and installed in accordance with the regulations and standards set forth by the Ashland Mural Walk Project, shall be also be required to adhere to the following design, installation and maintenance standards.
  4. Design, installation, and maintenance standards. All murals shall comply with the following standards:
    1. Prior to painting or affixing a mural to the building, the surface of the building must be fully repaired and/or deemed suitable for the proposed mural. The City Building Inspector or other Authorized Agent shall check the surface of the structure for general suitability. However, the City and/or its Designated Authorized Agents shall not be responsible for any potential future failures associated with the structure or the mural.
    2. A sealer shall be applied to the surface of the mural to extend the life of the mural and to make it easier to clean and maintain.
    3. The placement or erection of ladders, scaffolding, lifts, or other construction equipment as part of the mural project must be done in compliance with all applicable codes and regulations.
    4. Work performed within, or that which may pose a hazard to, the public right-of-way shall be approved through a Right-of-Way Permit by the Public Works Director or Designated Authorized Agent to ensure adequate measures are taken to protect pedestrians, the public infrastructure, and to address parking impacts.
    5. Murals shall meet all applicable standards pursuant to Section 6.7: Exterior Lighting and all other applicable standards identified with the approval or permit.
    6. Evidence of adequate liability insurance shall be provided and the City of Ashland shall be named as an additional insured party during the period of work.
    7. A mural shall be considered a property improvement and the property owner shall be responsible for ongoing maintenance and cleaning of the mural. The property owner may contract with the mural artist, the Ashland Mural Walk Project, or others for basic maintenance.
3. Sculptures and other public art.
  1. Intent. The intent of this Paragraph is to regulate the location, design, and maintenance of sculptures, fountains and other public art in the City of Ashland.
  2. Exemptions. This subsection shall not apply to those sculptures, fountains, or other public art which do not exceed a height of four (4) feet in a front or side corner yard, a height of six (6) feet in a rear or side yard, and do not exceed sixteen (16) square feet in area.
  3. Application, review and permits. Due to the potentially large size of sculptures, fountains and other public art, no piece of public art shall be installed until the property owner has first received approval from the Zoning Administrator or Designated Authorized Agent and a permit pursuant to Section 3.25: Public Art Permit. A sculpture, fountain, or other public art proposed to be located at or on a site or structure designated as historic, may require the approval and issuance a historic preservation certificate of appropriateness pursuant to City of Ashland Ordinance 826.
  4. Design, installation, and maintenance standards. All sculptures, fountains, or other public art shall comply with the following standards:
    1. Sculptures or other public art may be functional, interactive, educational, symbolic, or commemorative and may incorporate landscape elements.
    2. Fountain basins one-hundred and fifteen (115) square feet in surface area or greater, shall not exceed a water depth equal to or greater than twenty-four (24) inches.
    3. Sculptures, fountains, or other public art shall not exceed a height of thirty-five (35) feet, except that a sculpture, fountain, or other public art may exceed a height of thirty-five (35) feet with the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit.
    4. Sculptures, fountains, or other public art shall meet all other applicable standards pursuant to Section 6.1B Setbacks, Section 6.1 D: Impervious Coverage, Section 6.1 H: Vision Triangle, Section 6.7: Exterior Lighting and all other applicable standards identified with the approval or permit.
    5. The placement or erection of ladders, scaffolding, lifts, or other construction equipment as part of the public art project must be done in compliance with all applicable codes and regulations.
    6. Work on or adjacent to the public right-of-way shall be reviewed and approved by the Public Works Director or Designated Authorized Agent to ensure adequate measures are taken to protect pedestrians, public infrastructure, and to address parking impacts.
    7. Evidence of adequate liability insurance shall be provided and the City of Ashland shall be named as an additional insured party during the period of work.
    8. A sculpture, fountain, or other public art shall be considered a property improvement and the property owner shall be responsible for ongoing maintenance and cleaning of the sculpture, fountain, or other public art. The property owner may contract with the artist or others for basic maintenance.
4. Conditional Use Permit. Proposed public art exceeding standards set forth in Subsection 5.6 I. 3. d. (2) and (3) may apply for a conditional use permit pursuant to Section 3.9: Conditional Use Permit.
Solar Equipment and Solar Rights.
1. Solar equipment shall be consistent with the setback and height requirements of the principal or accessory building, whichever is applicable. Solar equipment that is not consistent with the setback and height requirements may be considered pursuant to conditional use procedures as specified in Section 3.9: Conditional Use Permit.
2. No person in control of property shall allow a tree or shrub to be placed or grow as to cast a shadow between the hours of 9:00 AM and 3:00 PM upon a solar collector energy system capable of generating more than one million (1,000,000) British thermal units (BTUs) per year, and that supplies a part of the energy requirements for improvements on the property where the solar energy system is permanently located.
Sport Court, Play Equipment, and Similar Uses. Sport courts, play equipment, and similar uses shall meet the same setbacks required for an accessory building. However, sport courts, play equipment, and similar uses shall not count towards the maximum allowable number or maximum allowable area of accessory buildings on a site.
Swimming Pool.
1. Intent. The intent of this Subsection is to ensure that swimming pools, as defined by this Ordinance, are constructed and maintained in a manner that protects the health, safety, and welfare of the intended users of the swimming pool. It is also the intent of this Subsection to ensure swimming pools have adequate barriers to deter children and other unauthorized persons from gaining unsupervised access to the swimming pool.
2. Required permits. All swimming pools as defined by this Ordinance shall be consistent with the swimming pool barrier requirements of this Ordinance. In addition, any swimming pool with a capacity of over three thousand (3,000) gallons or with a depth of over three (3) feet of water shall require the issuance of a building permit.
3. Required plans. An application for a building permit shall include the following information:
  1. The type and size of pool; and
  2. A site plan indicating:
    1. the location of the pool;
    2. the location of the dwelling and/or other buildings on the subject parcel;
    3. other improvements on the parcel;
    4. location of the filter unit, pump heating unit, and wiring indicating the type of such units (if applicable);
    5. location of back flush and drainage outlets;
    6. grading and/or surface drainage plan;
    7. location of existing overhead or underground utilities;
    8. drainage and utility easements; and
    9. any other existing features as may be necessary to determine whether the proposed pool is consistent with this Ordinance.
4. Setbacks. The setback shall be measured at the edge of the waterline. Swimming pools shall comply with the following setbacks:
  1. Swimming pools shall not be located less than ten (10) feet from any side or rear parcel line.
  2. Swimming pools shall not be located with the front yard.
  3. Swimming pools shall not be located less than six (6) feet from any principal structure.
  4. Swimming pools shall not be located less than ten (10) feet from any portion of a septic system or a well.
  5. Swimming pools shall not be located less than ten (10) feet from any overhead utility lines or less than five (5) feet from any underground utility lines.
  6. Swimming pools shall not be located within any existing easements.
5. In-ground pools. In the case of in-ground swimming pools, necessary precautions shall be taken during construction to avoid damage, hazards, or inconvenience to adjacent or nearby property and to avoid erosion, dust, or other infringements on adjacent property from the stockpiling of excavated material.
6. Back flush water or pool drainage water. Back flush water or water from pool drainage may be directed into the street storm water system or onto the owner’s property unless otherwise authorized by the Public Works Director or Designated Authorized Agent.
7. Mechanical equipment. The filter unit, pump, heating unit, and any other noise making mechanical equipment shall be located at least thirty (30) feet from any adjacent residential structure and at least five (5) feet from any parcel line.
8. Swimming pool barrier. An outdoor swimming pool shall be provided with a barrier that shall be installed, inspected, and approved prior to filling the swimming pool with water. Fencing shall require the issuance of a fence permit pursuant to Section 3.43: Fence Permit. The barrier shall comply with the following:
  1. The barrier shall either surround the swimming pool or the property and shall be sufficient to make the swimming pool inaccessible to unsupervised children.
  2. The barrier, including gates therein, shall not be less than six (6) feet above the underlying ground. All gates shall be self-latching with latches placed four (4) feet above the underlying ground and otherwise made inaccessible from the outside to small children. Fencing shall be a minimum of four (4) feet at all points from the existing walls of swimming pools.
  3. All gates shall be secured when the swimming pool is unattended. Ladders for swimming pools shall be removed when not in use and steps to decks abutting swimming pools shall be locked with gates when unattended.
  4. A natural barrier, hedge, pool cover, or other protective device approved by the Building Inspector or Designated Authorized Agent may be used provided that the protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate, and latch described herein.
Outdoor Merchandise Sales.
1. General Requirements. Outdoor merchandise sales shall be allowed as defined by this Ordinance, or after the issuance of a permit to temporarily place items on a sidewalk pursuant to Section 3.44: Permit to Temporarily Place Items on Sidewalks. Outdoor storage, as defined by this Ordinance, shall be consistent with the standards as set forth in section 6.4 D: Screening of Equipment, Vehicles, Outdoor Storage, and Similar Uses. Outdoor merchandise sales shall be consistent with the following standards:
  1. Merchandise display shall not create a hazard to pedestrians or encroach on a required building exit.
  2. Driveways and required onsite parking spaces shall not be used for outdoor merchandise sales or storage.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

2024-2003

Ashland City Zoning Code

PART 5

Specific Use Standards

5.1 Residential Uses

Adult Family Home. All residents of the adult family home, other than the operator or care provider and the operator or care provider’s immediate family, shall be disabled persons, as indicated by the required state license application. If this standard is not met, the use shall not be located within two thousand five hundred (2,500) feet of a community living arrangement or another adult family home.
Bed and Breakfast Establishment. A bed and breakfast establishment shall be allowed only in those zoning districts where it is permitted or permitted as a conditional use and only after the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit. In addition, the following standards shall apply:
1. Compliance with State standards. All bed and breakfast establishments and licensees shall be subject to and comply with Chapter DHS 197 of the Wisconsin Administrative Code relating to bed and breakfast establishments and/or Chapter DHS 195 of the Wisconsin Administrative Code relating to hotels, motels, and tourist rooming houses.
2. Registry. Each bed and breakfast establishment shall provide a register and require all guests to register their true names and addresses before assigning quarters. The register shall be kept intact and available for inspection by a Designated Authorized Agent of the City for a period of not less than one (1) year.
3. Permits required. In addition to the permit required by Chapter DHS 197 of the Wisconsin Administrative Code and/or Chapter DHS 195 of the Wisconsin Administrative Code, every bed and breakfast establishment shall obtain a bed and breakfast establishment permit pursuant to Section 3.37: Bed and Breakfast Establishment Permit, and all other applicable permits pursuant to this Ordinance. An approved bed and breakfast establishment permit shall be conspicuously displayed in the bed and breakfast establishment.
4. Management. Bed and breakfast establishments shall be managed and occupied by the owner of the property.
5. Limit of guest occupancy. Guest occupancy shall be limited to fourteen (14) days in any thirty (30) day period.
Community Living Arrangement.
1. All residents of the facility, other than the operator or care provider and the operator or care provider’s immediate family, shall be disabled persons, as indicated by the required state license application. If this standard is not met, the use shall not be located within two thousand five hundred (2,500) feet of another community living arrangement.
2. The Zoning Administrator or Designated Authorized Agent shall receive notice from the State of Wisconsin of application for licensure of the community living arrangement.
3. Prior to initial licensure of the community living arrangement by the State of Wisconsin, the application for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the community living arrangement, the neighborhood in which the proposed facility will be located, and a local unit of government, in accordance with Section 48.68(4) of the Wisconsin Statutes or Section 50.03(4)(g) of the Wisconsin Statutes, as applicable.
4. The loss of any state license or permit by a community living arrangement shall be an automatic revocation of that facility’s use permit.
Convent, Rectory, or Monastery. A convent, rectory, or monastery shall be on the same parcel or contiguous to the associated religious institution. If this standard is not met, the convent, rectory, or monastery shall comply with the allowable density, number of units, and other applicable provisions of the zoning district in which it is located.
1. Definition: An accessory dwelling unit (ADU) refers to a detached, smaller, secondary structure on the same lot as a principal dwelling. ADUs are independently habitable and must conform to Uniform Dwelling Code. Structures consisting of living quarters above garage space shall be considered ADUs unless some of the ground level consists of living quarters.
2. Where Permitted: Accessory dwelling units shall be a permitted use and require a Development Permit in addition to applicable Building Permits in all zoning districts where they are listed as a permitted use.
3. Requirements:
  1. Any exterior changes or additionsfor an accessory dwelling shall be constructed of similar materials and shall be architecturally compatible with the principal building.
  2. The accessory dwelling unit shall not contain more than seventy-five (75) percent of the total floor area on the principal structure on subject parcel.
  3. The minimum parcel area for one (1) ADU shall conform to the minimum parcel area of the subject zoning district. Parcels exceeding the minimum parcel area of the subject zoning district by a minimum of two thousand five hundred (2,500) square feet shall be allowed a maximum of two (Z) ADUs.
  4. A detached garage with an accessory dwelling shall meet all requirements for accessory buildings within their respective zoning district and the dwelling unit must meet Uniform Dwelling Code.
  5. There shall be an unobstructed walkway leading from the public street to the accessory dwelling.
  6. No ADU shall be constructed and no building permit shall be issued for an ADU prior to the construction of a primary structure on the subject property. Dwelling: Accessory. An accessory dwelling shall be allowed only in those zoning districts where it is permitted as a conditional use and only after the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit. In addition, the following standards shall apply:
Home Occupation. A home occupation shall be allowed in those zoning districts where they are a permitted use. A person with a home occupation that exceeds any standard listed in Section 5.1 F.3.: Standards for Permitted Home Occupations shall be required to obtain a conditional use permit pursuant to Section 3.9: Conditional Use Permit. All home occupations shall also comply with all other applicable local, State or Federal regulations.
1. Intent.
  1. Establish criteria for operation of home occupations as a secondary use in all districts permitting residential use;
  2. Permit and/or regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner- or renter-occupied;
  3. Ensure that such home occupations are compatible with, and do not have a harmful effect on, adjacent and nearby residential properties and uses;
  4. Ensure that public and private services, such as streets, sewers, or water or utility systems, are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use;
  5. Allow residents of the community to use their place of residence to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria;
  6. Enable fair and consistent enforcement of home occupation regulations; and
  7. Promote and protect the public health, safety, and general welfare of the community.
2. Permitted Home Occupations.
  1. Intent. Home occupations, as defined by this ordinance and permitted in this section, are allowed as an accessory use where the principle use is residential, in all zoning districts that permit residential use, for the reasons that they:
    1. Do not compromise the residential character of the area;
    2. Do not generate conspicuous traffic;
    3. Do not visually call unusual attention to the home; and
    4. Do not generate noise of a nonresidential level.
  2. Standards. The standards set forth in this section shall be met. In cases where the character of the home occupation exceeds the requirements, the home occupation will either require a conditional use permit pursuant to Section 3.9: Conditional Use Permit or the use is not considered a home occupation, as determined by the Zoning Administrator or Designated Authorized Agent.
  3. Types of Permitted Home Occupations.
    1. Accounting, tax preparation, bookkeeping, and payroll services;
    2. Artists, sculptors, and composers;
    3. Baking and cooking;
    4. Catering;
    5. Child care: for 1 to 3 children as an unlicensed family daycare;
    6. Computer systems design, repair, and related services;
    7. Computer training;
    8. Craft work, such as jewelry-making and pottery;
    9. Drafting services;
    10. Engineering, architecture, and landscape architecture;
    11. Financial planning and investment services;
    12. Hair salon, barbering, hairdressing, and other personal care services;
    13. Home offices;
    14. Information and data processing services;
    15. Insurance sales;
    16. Interior decoration (no studio permitted);
    17. Internet sales;
    18. Legal services;
    19. Mail order business;
    20. Musical instruction, voice, or instrument;
    21. Musical instrument tuning and repair;
    22. Offices for professional, scientific, or technical services or administrative services;
    23. Photographic services;
    24. Professional services, including the practice of law;
    25. Real estate services and appraisal;
    26. Sale of firewood, provided that: no on-site processing occurs; and that all on-site wood storage meets the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage;
    27. Tailoring (e.g., dressmaking and alterations) services;
    28. Teaching of crafts and incidental sale of supplies to students;
    29. Telephone answering and message services; and
    30. Tutoring.
    31. Other uses as determined by Zoning Administrator or other authorized agent.
  4. Exempted Home Occupations.
    1. Baking, cooking and craft work created entirely for not for profit use, fundraising and donations, or for seasonal sales occurring no more than 4 times per year;
    2. Sale of worms for bait, seasonally, from May 1 to September 30;
    3. Those occupations with an annual income less than the Federal IRS minimum income requirement for self-employment. Refer to IRS Publication 334: Tax Guide for Small Business.
3. Standards for Permitted Home Occupations. The following requirements shall be met for the Home Occupations listed in this Subsection:
  1. No more than 2 employees other than residents of the premises shall be permitted;
  2. Sales shall be limited to: mail order sales; telephone sales; and/or internet sales, all with off-site delivery;
  3. Classes held on the premises shall have no more than four (4) students at any given time and shall be given within the principal structure only;
  4. The home occupation shall not result in the need for more than two (2) parking spaces at any given time in addition to spaces required by the occupant of the home. Exceptions include open house events, which shall not occur more than one per quarter annually;
  5. Not more than ten (10) customer vehicle trips for business purposes per day. Hours for visits shall be between 8:00 AM and 8:00 PM;
  6. No more than twenty five (25) percent of the total area of the principal structure shall be used for the home occupation activity;
  7. No structural alterations or construction involving features not customarily found in dwellings;
  8. Articles for sale may not be displayed outside the principal structure, with the exception of firewood meeting the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage;
  9. There shall be no exterior storage of equipment or materials used in connection with the home occupation, with the exception of firewood meeting the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage;
  10. Shall not involve the repair of vehicles and motors or construction of equipment and machinery;
  11. Deliveries and pickups shall be those normally associated with residential services, shall not block traffic circulation, and shall occur only between 8:00 AM and 8:00 PM, Monday through Saturday;
  12. There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, vibration, electrical interference, traffic congestion, or other nuisances resulting from the home occupation;
  13. Storage of goods and materials shall not include flammable, combustible, or explosive materials which exceed typical levels allowable on a residential property;
  14. Existing public facilities and utilities shall be adequate to safely accommodate equipment used for the home occupation;
  15. Signage for home occupations shall comply with the requirements set forth in Section 6.6: Signs.
4. Rural Home Occupations – Permitted Home Occupations. The following home occupations are permitted in the Future Development District (FD), on parcels with five (5) acres or more, in addition to those specified above in Section 5.1 F.2.
  1. Auto repair work;
  2. Computer and office machine repair and maintenance;
  3. Contractor and trade shops, indoor operations only, including electrical, plumbing, and mechanical;
  4. Machine welding shops;
  5. Office machinery and equipment rental and leasing; and
  6. Processing and sale of firewood, provided that: all on-site wood storage meets the requirements of the City of Ashland Ordinance 750: Property Maintenance Ordinance, Section 750 (B): Firewood Storage.
5. Standards for Permitted Rural Home Occupations in the Future Development District (FD). The Rural Home Occupations listed above in Section 5.1 F.4., shall meet the standards listed above in Section 5.1 F.3., with exception, the following standards based on the rural character of this district, are permitted.
  1. Garages or detached accessory structures may be used for the home occupation activity.
  2. Exterior storage of equipment or materials may be used, only in connection with the home occupation.
  3. The repair of vehicles or motors or construction of equipment and machinery is allowable as a home occupation.
  4. Storage of flammable, combustible, or explosive goods and materials is allowable in accessory structures if property storage and separate requirements are met and if authorized in writing by the Fire Chief.
Mobile Homes and Mobile/Manufactured Home Communities.
1. Permanent occupancy. A manufactured home (mobile home) intended for permanent occupancy shall meet all licensing requirements and regulations in City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Manufactured Home Communities (Mobile Home Parks), and Campgrounds and the following conditions:
  1. No mobile home may be parked outside of an approved mobile/manufactured home community (mobile home park).
  2. Double-wide manufactured homes or mobile homes may be parked outside a mobile/manufactured home community if they are attached to a foundation and meet the requirements of the Uniform Dwelling Code and all other applicable state and federal codes.
  3. The Common Council, may in its discretion, and by a uniform rule, limit the number of occupants in any manufacture home or mobile home occupying a space in a manufactured home community (mobile home park) for reasons of health and public welfare.
  4. All manufactured homes and mobile homes shall be anchored to the ground. Anchoring systems generally consist of ties and anchors. The ties are generally of two types, over-the-top and frame which connect the I-beam to the anchor. Ties shall be secured to either a ground anchor, which may be a screw auger or concrete deadman anchor, or to a slab anchor, or to the foundation itself. Anchors shall be sufficiently embedded to account for saturated soil conditions which accompany flooding.
2. Temporary occupancy. A manufactured home or mobile home intended for temporary occupancy shall meet the following conditions:
  1. Mobile homes used as a temporary construction office shall follow the requirements pursuant to Section 5.5, B.: Temporary Construction Building.
  2. A building permit pursuant to Section 3.32: Building Permit, is required for field offices located off-site. Temporary field office occupancy is limited to six (6) months. Occupancy may be extended upon approval from of the Building Inspector or Designated Authorized Agent.
  3. A conditional use permit pursuant to Section 3.9: Conditional Use Permit, shall be required for any educational institution for temporary occupancy of a mobile home outside of an approved, licensed mobile home park. The mobile home shall be found to be in the public interest and shall not damage or interfere with the character of the neighborhood in which the mobile home unit will be parked. The conditional use permit shall not permit temporary occupancy exceeding thirty-six (36) months.
3. License for manufactured home communities.
  1. It shall be unlawful for any person to establish, operate, or maintain, or permit to be established, operated, or maintained upon any property owned, leased, or controlled by that person, a manufactured home community (mobile home park) within the limits of the City of Ashland without first having obtained all necessary approvals and/or permits from the Wisconsin Department of Safety and Professional Services (Safety and Buildings Division),the Department of Health Services and the Wisconsin Department of Natural Resources. In addition, a license shall be obtained for each such community or park from the City Clerk pursuant City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Manufactured Home Communities (Mobile Home Parks), and Campgrounds.
  2. It shall be the duty of any person intending to operate a manufactured home community (mobile home park) to report to the local board of health and the City Building Inspector the following information:
    1. Name of the manufactured home community (mobile home park);
    2. Name and address of owner, agent, or operator;
    3. Number of persons that may be accommodated; and
    4. The location of the community or park.
4. Management. The attendant or person in charge of the manufactured home community (mobile home park) together with the licensee, shall be responsible for ensuring compliance with City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Manufactured Home Communities (Mobile Home Parks), and Campgrounds.
5. Inspection and enforcement.
  1. All manufactured/mobile homes and manufactured home communities shall be open to inspection at all reasonable hours by representatives of the local and State Board of Health and the City Building Inspector. Refer to City of Ashland Ordinance 871: Licensing and Regulating Mobile Homes, Mobile/Manufactured Home Communities (Parks), and Campgrounds for additional regulations and requirements.
  2. Each manufactured home community (mobile home park) licensee and/or its managing agent shall give written notice to the Building Inspector anytime a manufactured home or mobile home is moved out of a manufactured home community and another manufactured home (mobile home) is moved in to take its place. The purpose of this notice is to permit the Building Inspector to make inspections to determine that newly placed manufactured home (mobile home) has been placed in compliance with this Ordinance and to permit proper fair market value assessment of the newly placed manufactured home (mobile home).
6. Required plans. Every manufactured home (mobile home) and manufactured home community (mobile home park) shall be located on a well-drained area, and the property shall be properly graded so as to prevent the accumulation of storm or other waters. Plans, which indicate where the homes, a safe shelter (as defined by FEMA) and other structures will be placed with a numbering system for the homes, shall be distributed to the Fire Department, Police Department, Building Inspector, Zoning Administrator, Public Works Director, City Clerk and City Assessor.
7. Design standards for manufactured home community (mobile home park). The dimensional standards associated with a manufactured home community (mobile home park) shall be consistent with the provisions of Section 4.7: MHC Manufactured Home Community and the following additional standards:
  1. All drives, parking areas, and walkways shall be hard surfaced concrete or blacktop. All roadways shall meet the required standards pursuant to Part 9: Land Divisions and Improvements and all other applicable City Ordinances relating to road and street construction. Roadways shall be complete to each site before they can be occupied. Interior streets shall be maintained so as to be free from potholes and ruts;
  2. Garages or accessory buildings may be constructed on existing concrete pads facing the interior or exterior street used for access to the manufactured or mobile home. A minimum distance of six (6) feet shall be maintained between garages or accessory buildings and all homes. Accessory building shall comply with the provisions pursuant to Section 5.6, A.: Accessory Building and Section 4.7: MHC Manufactured Home Community (Mobile Home Park) District;
  3. Lawns shall be in suitable condition, free from noxious weeds, and shall include a parking pad and patio, complete before habitation of the home;
  4. An adequate supply of pure water, furnished through a pipe distribution system connected with the public water main, or if a public main is not available, an approved well shall be furnished for drinking and domestic purposes. The applicable Wisconsin Department of Safety and Professional Services Administrative Codes, and requirements from the Wisconsin Department of Health Services and Department of Natural Resources shall apply;
  5. A separate valved water service shall extend to each home;
  6. Fire hydrants shall be maintained in proper working order and no home shall be installed unless a hydrant is available within four hundred (400) feet;
  7. When public sewage facilities are available, connection and use is required. If public sewage facilities are not available, a treatment system approved by the Wisconsin Department of Safety and Professional Services shall be used;
  8. Every site for a home shall be provided with sewer connections that comply with the Wisconsin Department of Safety and Professional Services Administrative Codes. The sewer connections shall be provided with the suitable fittings so that a watertight connection can be made. Such connections shall be constructed so that they can be closed when not connected and trapped in such a manner as to be maintained in an odor-free condition;
  9. All garbage that is not disposed of through a garbage disposal unit connected with the sewerage system shall be kept in separate, leak proof, metal, or plastic garbage containers. The requirements of the applicable City Ordinances that govern garbage disposal shall apply.
  10. Lighting shall be provided near newly constructed sites and shall follow all requirements pursuant to Section 6.7: Exterior Lighting.
Manufactured/Modular Home.
1. Manufactured/Modular homes permitted. A manufactured/modular home is permitted in any zoning district that permits a single-family detached dwelling provided that it conforms to all of requirements of the district in which it is located and the provisions of this Subsection.
2. Basements or foundations. Each manufactured/modular home shall be installed on a basement of masonry foundation.
3. Minimum size. Each manufactured/modular home shall have a minimum dimension, when erected on site, of at least twenty-four (24) feet in width and a minimum floor area of at least nine hundred sixty (960) square feet.
4. Siding and roofing materials. Siding and roofing materials shall be similar to materials found on nearby non-modular homes dwellings or be a typed broadly and generally used in residential construction and shall have an appearance harmonious with adjacent housing.
Recreational Vehicles, Trailers and Camping.
1. Temporary Occupancy. A recreational vehicle, camper trailer, or tent intended for temporary occupancy shall meet the following conditions:
  1. Parking and occupying recreational vehicles or camper trailers for more than twenty-four (24) hours shall be prohibited in areas other than approved campgrounds or private residences.
  2. Camping on streets or in parking lots shall be prohibited, except that overnight parking of semi-trucks at locations approved by owners (such as truck stops and industrial parking lots) may be permitted.
  3. A recreational vehicle, camper trailer, or tent may not be occupied at a residence for more than thirty (30) days annually, and must meet all requirements pursuant to City of Ashland Ordinance 750, Section B., 22: Vehicles.
Rehabilitation Center/Transitional Living. A rehabilitation center/transitional living facility shall not exceed fifteen (15) occupants at one time. The facility shall be managed by an organization operating a program that is approved by the State of Wisconsin pursuant to Wisconsin State Statute 51, and all relevant Administrative Codes, including but not limited to DHS 75, DHS 92, DHS 94. The facility shall also be approved by all applicable government entities having authority under law to license or authorize the operation.
Tourist Home. A tourist home shall only be allowed in those zoning districts where it is permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

5.2 Commercial Uses

Adult Entertainment Establishment.
1. Intent. The concentration of adult entertainment establishments in one area can have a substantially detrimental effect on the area in which such establishments are concentrated and can impact the overall quality of life. Being mindful of the effects of adult entertainment upon minors and the criminal activity or disruption of public peace associated with such establishments, while also giving due consideration to civil rights of persons partaking in such entertainment, it is the intent of this Subsection to regulate the location of adult entertainment establishments.
2. Conditional use permit required. An adult entertainment establishment shall only be allowed in those zoning districts where it is permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit. A conditional use permit shall be required for a new adult entertainment establishment, a change of use to an adult entertainment establishment, or an increase in building activity where an adult entertainment use becomes the primary activity. Review of a conditional use permit for an adult entertainment establishment shall consider the image and design of the exterior building and the site, such as colors and schemes and landscaping.
3. Signage limitations. Signage for Adult Entertainment Establishments shall be required to conform to all applicable sign regulations and standards in Section 6.6: Signs and the following:
  1. The establishment shall have no merchandise advertisement or pictures of entertainment displayed in window areas or in any location visible from a public right-of-way;
  2. A one (1) square foot sign may be placed on the main entrance door stating hours of operation and admittance to adults only;
  3. No sign shall contain any flashing lights, moving elements, or mechanically energized messages;
  4. Signs shall not contain any explicit language or explicit or sexual graphic representations;
  5. Off-premise signs are prohibited.
4. Distance separation.
  1. Each adult entertainment establishment shall be at least two thousand six hundred forty (2,640) feet from any other adult entertainment establishment or similar use.
  2. No adult entertainment establishment shall be located closer than one thousand (1000) feet from the R-E, R-1, R-2, R-3, R-4, MHC, PRI, MRC, W-MRC, W-CRM and W-SFR Zoning Districts, places of worship, schools, day care centers, community living arrangements, rehabilitation center/transitional living uses, nursing homes, senior housing, and similar uses.
Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use.
1. Intent. The City of Ashland has experienced a substantial increase in the number and location of currency exchange establishments, payday loan establishments, title loan agencies, pawn shops, rent-to-own establishments, and similar uses. Furthermore, the clustering of these businesses may create and undesirable image of the vitality of the commercial districts and the community as a whole. Consequently, it is the intent of this Subsection to regulate the distance between these uses and prevent clustering of these uses.
2. Allowable zoning districts and separation. Currency exchange establishment, payday loan establishments, title loan agencies, pawn shops, rent-to-own establishments and similar uses shall be allowed only in the zoning districts as specified in this Ordinance and only after the issuance conditional use permit. No such use shall be permitted closer than twelve hundred (1,200) feet from any other such use.
Day Care Center: Commercial.
1. A commercial day care center shall not be located within five hundred (500) feet from an adult entertainment establishment.
2. A commercial day care center shall comply with all applicable laws including those specified in Chapter 46 of the Wisconsin Statutes.
Local Food Store.
1. Location. Local food stores, as defined, shall be located on lots with frontage on an arterial or collector street. On lots fronting more than one public street, local food stores shall be allowed only on lots where the greater street frontage falls on the arterial or collector street.
2. Design. The local food store shall be limited, so as to be proportionate in scale and compatible in design, to the structures and lands within five-hundred (500) feet of the proposed local food store.
3. Signage. Signage for local food stores shall be in accordance with Section 6.6: Signs, and the specific requirements for the zoning district the food store is, or is proposed to be, located in.
4. Parking. Parking shall be in accordance with Section 6.3: Parking and Loading, except as specifically allowed by the Plan Commission upon consideration of the local food store type and size, neighborhood compatibility, and site-specific limitations. Use of on-street parking shall be subject to review by the Public Works Director or Designated Authorized Agent and the City Police Department upon consideration of street design, maintenance requirements, traffic loads and speeds, related safety considerations and consistency with applicable City Ordinances.
5. Screening. Screening of local food stores shall be in accordance with Section 6.4: Landscaping, Buffers and Screening, or as otherwise conditioned by the Plan Commission.
6. Hours of operation. The Plan Commission may limit operating hours for the local food store based on the nature of business activity and character of adjacent uses.
7. Other conditions. Other conditions specific to the proposed use may apply to ensure harmony with adjacent uses, including placement of garbage receptacles in the vicinity. Local food store developments shall likewise be subject to Site Plan Review pursuant to Section 3.20: Site Plan Approval, and shall be conditioned upon compliance with laws applicable to food stores.
Manufactured Home Dealer, Sales and Display. A manufactured home dealer, sales and display use shall only be allowed in those zoning districts where it is permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit. In addition, a model home shall be consistent with all of the following standards:
1. Maximum percent of building coverage. Forty (40) percent.
2. Office use. No more than fifteen (15) percent of the area of the main floor shall be used for office area.
3. Spacing. Manufactured homes shall have at least twenty (20) feet of separation between other manufactured homes or structures.
4. Building orientation. Manufactured homes shall be organized at various angles and oriented in a manner compatible and representative of a residential neighborhood.
5. Allowable time before manufactured home must be moved. A manufactured home shall not remain on the sales and display lot for a period of more than two (2) years.
6. Hours of operation. Hours of operation for showing of the manufactured home shall be between 8:00 AM and 8:00 PM, or other reasonable times as may be required by the conditions of an approved conditional use permit or as may be permitted by the Zoning Administrator or Designated Authorized Agent.
7. Site plan approval. In addition to the issuance of a conditional use permit, a manufactured home dealer, sales and display use shall be required to receive site plan approval.
8. Utilities. Electric service lines to manufactured home units shall be placed underground. At no time shall a manufactured home on display be connected to a water or sewage system.
Social Services.
1. Intent. The intent of this section is to allow the operational needs of social service uses and establishments to be met while identifying potential concerns and preventing a negative impact on surrounding properties and the community. The following standards shall be considered on a case by case basis.
  1. Location & Building. Refer to each zoning district for permitted or conditionally permitted uses.
    1. Social service uses may not be located within one thousand two hundred (1,200) feet from another social service use unless the Plan Commission determines that the cumulative impacts of the existing and proposed uses will not adversely affect the living and working conditions of the properties located within one thousand two hundred (1,200) feet of the proposed uses;
    2. The establishment should be served by or easily accessible to public transit;
    3. The establishment shall be of adequate size and design to reasonably accommodate its projected capacity;
    4. The establishment shall have internal and/or external waiting areas if deemed appropriate by the Plan Commission;
    5. The establishment shall provide safe access and mobility for all patrons on the property.
  2. Signage.
    1. All signage shall be consistent with the requirements of Section 6.6: Signs.
    2. Warning and/or safety signs shall be posted in areas where pedestrians and vehicles may come in contact.
  3. Parking.
    1. Parking spaces shall be provided at one (1) space for every two hundred (200) square feet net floor area.
    2. The standards of Section 6.3: Parking and Loading shall be met except as specifically allowed by the Plan Commission upon consideration of the social service type and size, neighborhood compatibility and site-specific limitations.
  4. Screening. Exterior waiting, gathering, or smoking areas shall be adequately screened from abutting properties and public rights-of-way to a height of six (6) feet.
  5. Hours of operation. The Plan Commission may limit operating hours for the social service use based on the nature of the use and the character of adjacent uses.
  6. Density of housing units. The density of housing units shall be compatible for the neighborhood.

5.3 Industrial Uses

Ashland Industrial Park.
1. Intent. The intent of this Subsection is to preserve the value of property in the Ashland Industrial Park as well as property located near or adjacent to the Ashland Industrial Park. This Subsection places restrictions, covenants, and conditions on all parcels within the Ashland Industrial Park, regardless of ownership. Refer also to City of Ashland Ordinance 469: An Ordinance Establishing Covenants Governing the Subdivisions of Land in the Ashland Industrial Park.
2. Supremacy. If a conflict exists between the provisions of this Subsection and City of Ashland Ordinance 469: An Ordinance Establishing Restrictive Covenants Governing the Subdivisions of Land in the Ashland Industrial Park on file with the Ashland City Clerk, the provisions of Ordinance 469 shall prevail. If a conflict exists between the provisions of this Subsection and the provisions of the underlying Zoning District, the provisions of this Subsection shall prevail.
3. Boundaries of the Ashland Industrial Park. The boundaries of the Ashland Industrial Park are depicted on a map on file in the office of the Zoning Administrator.
4. Restrictions, covenants, and conditions.
  1. General use. Land in the Ashland Industrial Park is intended only for general industrial use as specified in the underlying Zoning District, provided that the uses are not in conflict with any laws of the State of Wisconsin or any ordinance of the City of Ashland.
  2. Other possible uses. In addition to the uses permitted in the underlying Zoning District, the Common Council may, after first referring the matter to the Plan Commission for investigation, public hearing, and recommendation, authorize the location of any of the following uses in the Ashland Industrial Park, provided that the Common Council shall find that such location will tend to minimize the effects upon the neighborhood and the community of any noxious and deleterious characteristics of such uses such as smoke, gas, odor, noise, heat, and glare.
    1. Acid, ammonia, bleach, chlorine, or soap manufacture;
    2. Ammunition manufacture, explosives or fireworks manufacture, or storage;
    3. Asphalt, coal and coal tar, or coke manufacture;
    4. Automobile wrecking yard; junk yard;
    5. Bones, distillation of;
    6. Cement, lime, gypsum, or plaster of paris manufacture;
    7. Fat rendering;
    8. Fertilizer manufacture;
    9. Forge plant;
    10. Gelatin, glue, or size manufacture;
    11. Inflammable gases or liquids, refining or manufacture of, over ground tank farms;
    12. Slaughterhouse, stockyard;
    13. Smelting
  3. Required approvals. No building, or any improvement thereto, shall be erected, placed or altered on any building site in the Ashland Industrial Park until the plans for such building or improvement, including site plan, landscape plan, building plan, and specifications have been approved by the Plan Commission of the City of Ashland pursuant to the provisions of this Ordinance. The Ashland City Plan Commission shall approve or disapprove such plans with respect to conformity with:
    1. These restrictions and other applicable enactments of the City, and with respect to harmony of external design and land use as it affects property within and adjacent to the Ashland Industrial Park.
    2. Failure of the City Plan Commission to act upon such building or improvement plans within sixty (60) days after submission to the Ashland City Plan Commission shall constitute an approval of such plans.
    3. The Plan Commission may, at its discretion, recommend relief to the provisions of this section pursuant to Section 3.9: Conditional Use Permit.
  4. Minimum parcel area. No building or structure shall be constructed or erected within the Ashland Industrial Park on parcels containing less than two (2) acres total land area.
  5. Required setbacks from front parcel line. No part or portion of any building shall be erected, constructed or extended nearer than fifty (50) feet from the front parcel line in the Ashland Industrial Park. Corner street side yards shall be a minimum of thirty (30) feet. Employee parking of automobiles shall be prohibited at all times within the fifty (50) foot front setback of any parcel of the Ashland Industrial Park. Limited visitor or customer parking may be allowed within the fifty (50) foot front setback, provided that a minimum fifteen (15) foot boulevard is provided. The front and corner street side setback shall be entirely graded and sodded or seeded between said parcel lines, and from the road shoulder to the building face in a manner that would produce an acceptable lawn, excepting only such areas as may be required for driveways, visitor parking, or walks.
  6. Required setbacks from interior side parcel line. No part or portion of any building shall be erected, constructed or extended nearer than twenty (20) feet to any interior side parcel line. The combined total of side yards for any interior parcel shall not be less than forty (40) feet.
  7. Driveways and walks. All driveways shall be surfaced with hot-mixed asphalt concrete or cement concrete from the city street surface to the front building face. All walks shall be of cement concrete. All such drives and walks shall be completed during the time of construction of the building.
  8. Required parking. Refer to Section 6.3: Parking and Loading and Table 6.3-A: Required Off-Street Parking Spaces. City streets will not be designed by the City of Ashland to provide parking.
  9. Underground utilities.
    1. Wherever practical, industries purchasing land and constructing buildings in the Ashland Industrial Park shall bury all utilities to a depth of at least thirty-six (36) inches from the point of delivery at the Ashland Industrial Park provided by the private utility company or the Wisconsin Telephone Company. As a rule of thumb, all power lines carrying 13.8 KV or less shall be buried from the point of delivery by the power company to the point of the connection to the industrial structure. In instances where specific industries require power lines carrying 34.5 KV, a decision shall be reached on underground installation requirements on an individual case basis. This decision shall be reached by the Ashland Plan Commission (following consultation with the private power utility) at the time that the prospective industry submits a detailed site plan for review, as required by the provisions of this Ordinance.
    2. Wherever practical, however, the Plan Commission shall, as a matter of policy, require underground installation of power lines carrying 34.5 KV from the point of delivery made by the private power utility to the point of connection to the industrial structure.
    3. In all cases, natural gas and telephone service lines shall be buried to a depth of at least thirty-six (36) inches between the point of delivery made by the private utility and the point of connection with the industrial structure.
  10. Demonstration areas. In the event that an industry wishes to develop and use an area for the demonstration of power equipment (farm machinery, logging equipment, earth-moving equipment, etc.) to potential customers, the boundaries of such areas shall be clearly defined and conform to the setback, side yard, and rear yard requirements of these restrictions. Demonstration areas shall be clearly defined, and be separated from the primary industrial plant structure by a distance of at least thirty (30) feet. Such areas shall be screened from view from all public and private access roads within the Ashland Industrial Park by a fence which shall be eight (8) feet in height. Wire mesh fencing is unsuitable as a screening device.
5. Maintenance and controls.
  1. Control of particulate emissions.
    1. The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
    2. The general level of control of particulate emissions by any and all industrial plants which occupy land in the Ashland Industrial Park shall comply with Chapter NR 415 and Chapter 431 of the Wisconsin Administrative Code. In addition, any industry which intends to employ a production process which will lead to immediate discharge of particulate emissions shall, as required by the State Administrative Code, file a letter of intent prior to commencing operations with the Environmental Protection Section, Department of Natural Resources, Spooner, Wisconsin, and send a copy to the Ashland City Clerk, Ashland, Wisconsin.
  2. Rubbish burning. No rubbish may be burned on the property except in an incinerator especially constructed and designed for this operation.
  3. Solid waste management.
    1. All firms which purchase land and establish a producing industry within the Ashland Industrial Park shall arrange for adequate disposal of solid waste materials generated as a part of the production processes so established. Solid waste materials so generated shall be disposed of at weekly intervals in a lawful manner, as prescribed and specified in the Wisconsin State Administrative Code.
    2. Solid waste materials must be stored in a protected manner and be screened from view behind a fence of solid materials or slatted cyclone, such as will provide a suitable visual screen. The minimum height of such fence shall be six (6) feet. The fence must be kept painted or have such other finish as is generally accepted for good appearance.
Recycling Facilities and Indoor and/or Outdoor Salvage Operations.
1. License required. It shall be unlawful to operate or maintain a recycling facility or indoor and/or outdoor salvage operation without having obtained a license pursuant the following:
  1. Filing date. Every applicant for such license shall annually file by April 15 a written application with the City Clerk upon a form prepared and provided by the City.
  2. Inspections. The property shall be inspected by the Building Inspector, a representative of the Police Department, and a representative of the Fire Department to determine whether the use complies with all relevant laws, ordinances, rules, and regulations.
  3. License fee. An annual license fee, found on the City of Ashland’s Comprehensive Fee Schedule, shall be paid at the time of application.
  4. Expiration of license. All licenses shall expire on June 30 following their issuance, unless revoked sooner.
  5. Posting. The current license shall be posted at all times in a conspicuous place on the property described.
2. Location of outdoor recycling and/or salvage materials. No recycling and/or salvage materials, nor the accumulation of such materials, shall be allowed within seven hundred fifty (750) feet of the center line of any county trunk, state trunk or federal highway or within five hundred (500) feet of the center line of a town road (unless approved through the issuance of a permit by the town board). All recycling and/or salvage materials and the accumulation of such materials, within one thousand feet (1000) of the nearest edge of a state or federal highway shall be stored in an enclosed structure or shall be screened so as to not be visible from the state or federal highway. Recycling facilities and indoor and/or outdoor salvage operations shall be accessible from a designated approved heavy haul route as determined by the Public Works Director, County Highway Commissioner or Designated Authorized Agent.
3. Lost or stolen goods. Every keeper of a recycling facility or salvage operation who receives or is in possession of any goods, articles, or things of value that may have been lost or stolen shall upon demand produce such article or thing to any member of the Police Department for examination.
4. Fencing and screening. Any recycling and/or salvage materials stored in the open shall be enclosed and screened by a solid wall or non-transparent fence so that the salvage materials are not visible from other properties in the vicinity, or from a public right-of-way, such as roads, streets, highways, and waterways. The screening shall be eight (8) feet in height and kept in good repair. The eight (8) foot height requirement may be waived and an appropriate height set by the Plan Commission. The Plan Commission may in its discretion waive the fencing and screening requirement for any property perimeter for which it determines that the visibility of the storage material is not a detriment to the public interest.
5. Condition of property. All property licensed or used for a recycling facility or an indoor and/or outdoor salvage operation shall be maintained in proper and sanitary condition with no articles piled so as to protrude beyond the enclosure.
Community Composting Facilities.
1. Intent. A community composting facility, if not properly designed and operated, can be harmful to the safety and general welfare of the City and it citizens. This section is therefore intended to define basic requirements necessary to protect the public and our natural resources, as well as enhance the welfare of the public while providing waste alternatives and promoting sustainability within the community. This section does not relieve any obligation or requirements imposed by any Federal, State or local law or regulation. Refer to Department of Natural Resources Chapter 502 of the Wisconsin Administrative Code.
2. Location and Site Requirements.
  1. Location. The materials storage, curing, processing and composting areas of the composting facility shall not be located within a mapped floodplain. Refer to the Wisconsin Department of Natural Resources for minimum separation/setbacks distances.
  2. Access. The composing facility shall be accessible from a designated and approved heavy haul route as determined by the Public Works Director, County Highway Commissioner, or Designated Authorized Agent.
  3. Design standards. Design standards for the composting facility at a minimum, shall be consistent with those specified in Department of Natural Resources Chapter 502.12 of the Wisconsin Administrative Code.
3. Performance Standards. All community composting facilities shall be required to comply with the standards in Part 7: Performance Standards of this ordinance.
4. Buffers and Screening.
  1. Buffer. Parcels containing a community composting facility shall be required to maintain a vegetative buffer of at least twenty (20) feet around the entire parcel.
  2. Screening. Outdoor composting and storage areas shall be screened by a minimum six (6) foot high, sight-obscuring fence, wall, landscaping berm, or planting strip as required by the Zoning Administrator or Designated Authorized Agent.

5.4 Utilities And Communication Uses

Communication Equipment: Major.
1. Satellite dishes between three (3) feet and twelve (12) feet in diameter. The placement, erection, or installation of satellite dishes between three (3) feet and twelve (12) feet in diameter shall require the approval of a conditional use permit and a building permit. In addition, the dish shall comply with the following requirements:
  1. Residential properties. On residential properties, satellite dishes that are between (3) feet and twelve (12) in diameter shall only be located in rear yards or on the roof of a detached garage, so long as the height of the detached garage and the dish is equal to or less than the height of the principal building.
  2. Non-residential properties. Satellite dishes between three (3) feet and twelve (12) feet in diameter that are located on non-residential properties may be erected on the roof of a principal or accessory building, and in side or rear yards, but shall not be located within front yards.
  3. Variance for location. In the event that a usable signal cannot be obtained by locating the satellite dish in locations permitted by this Ordinance, the Zoning Board of Appeals may grant a variance, following proper variance procedures, to allow the placement of a satellite dish in another location.
  4. Advertising or graphic designs. No advertising or graphic designs, excluding communication call letters or frequencies, are permitted on satellite dishes.
2. Wireless telecommunication facilities. Towers, antennas, and related accessory uses and structures associated with wireless telecommunication facilities shall be installed, erected, and maintained pursuant to the provisions of this Subsection.
  1. Intent. The intent of this Subsection is as follows:
    1. Ensure the provision of personal wireless service within the corporate boundaries of, and for the benefit of, the residents of the City of Ashland;
    2. Protect the public health, safety, and general welfare of the community, public and private property, and community aesthetics;
    3. Minimize the visual impacts of wireless telecommunication facilities through design and siting standards;
    4. Maximize the use of existing and approved towers and buildings to accommodate multiple antennas to reduce the number of towers required to serve the community;
    5. Avoid damage to adjacent properties from tower failure through structural standards and setback requirements; and
    6. Avoid conflicts with an AIR-O Airport Overlay.
  2. Interpretation and applicability.
    1. This Subsection shall be interpreted consistent with the provisions of the Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 and any subsequent amendments;
    2. This Subsection shall apply to all persons, partnerships, corporations, and other entities seeking to locate, site, place, modify, or construct wireless telecommunication facilities within the City of Ashland;
    3. This Subsection reserves to the City of Ashland all authority contained in state law and this Ordinance regarding land use, zoning, and regulation that has not been preempted by the federal government pursuant to Section 704 of the Telecommunications Act of 1996 (or subsequent amendments) as to the placement, construction, and modification of personal wireless service facilities;
    4. This Subsection does not apply to the use or location of private, residential citizen band radio towers, amateur radio towers or television antennas, or public safety communication facilities owned or operated by the City of Ashland or other governmental entity;
  3. Permits required. All wireless telecommunication facilities shall require the issuance of a building permit. In addition, all wireless telecommunication facilities shall require the issuance of a conditional use permit, except as exempted below:
    1. City-owned water towers. Wireless telecommunication antennas shall be permitted upon city-owned water towers provided the applicant has incorporated the applicable performance standards specified in this Subsection, a lease agreement with the City has been approved by the Common Council, a development permit and a building permit have been obtained, and all applicable fees have been paid;
    2. Co-location on existing towers or structures. Wireless telecommunication antennas shall be permitted to be attached to existing, conforming, steeples, bell towers, smokestacks, public and institutional buildings, and radio towers in accordance with the applicable co-location requirements and performance standards of this Subsection, and after the applicant has provided the City a written statement of approval from the tower or structure owner or lessor, has obtained a development permit and a building permit from the City, and has paid all applicable fees. The antenna shall not serve to extend the height of the existing, conforming, steeple, tower, smokestack or radio tower, by more than fifteen (15) feet;
    3. Utility poles. Wireless telecommunication antenna shall be permitted to be attached to utility poles after the applicant has provided a written statement of approval from the utility owner or lessor, has obtained a development permit and a building permit from the City, and has paid all applicable fees. The height of the antenna shall not exceed fifteen (15) feet above the pole. Existing lattice constructed utility pole structures may also be used provided the approval of the owner and a development permit and building permit is obtained.
  4. Permit application requirements. In addition to the application requirements specified in Part 3: Application, Review, and Approval Procedures relating to conditional use permits, development permits, and building permits, applicants shall provide the following additional application materials:
    1. A document from the owner or lessor that allows the applicant to apply for a conditional use permit and/or development permit and building permit to erect a wireless telecommunication facility;
    2. An accurate site plan that shows parcel lines, location of wireless communication tower or antenna setback distances, any accessory equipment or structure, and proposed fencing and landscaping;
    3. An illustrative drawing showing how the wireless communication facility will be as aesthetically in keeping with the surroundings as possible;
    4. Sufficient information to show that the construction, installation, and maintenance of the wireless telecommunication facility will not create a safety hazard or damage to property of other persons;
    5. A report or plan from a qualified and registered engineer or firm that specifies the tower height and design (including cross-sections and elevations); the height above grade for all potential mounting positions for co-location antennae and the minimum separation distances between antennae; structural mounting designs and materials list; and the capacity of the tower (including the number and type of antennae that the tower can accommodate). As applicable, an engineer’s stamp and number shall be required;
    6. Structural and electrical plans showing how the proposed tower will accommodated the co-location of the applicants antenna and comparable antennas of additional users; and the plans and specification whereby the proposed tower is designed to allow for future rearrangement of antennas to accommodate additional users and the mounting of additional antennas at varying heights;
    7. Plans and specifications showing how the proposed facility will be maintained in keeping with all applicable codes and ordinances.
  5. Inspection. The Building Inspector or Designated Authorized Agent may, at any time, inspect any wireless telecommunication facility to ensure its structural integrity. If upon such inspection it is determined that the facility fails to comply with such applicable codes and/or ordinances, and that such failure constitutes a danger to persons or property, then upon notice being provided to the owner of the facility, the owner shall have thirty (30) days to bring the facility into compliance with applicable codes and standards. Failure to bring the facility into compliance within the said thirty (30) days shall constitute cause for removal at the owner’s expense.
  6. Non-interference. All new or existing wireless telecommunication facilities shall comply with all relevant Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) standards and shall not interfere with public safety and other city and private telecommunication operations.
  7. Insurance. The applicant shall provide the City with proof of liability insurance that protects against losses due to personal injury or property damage resulting from the construction, operation, or collapse of the tower, antennae, or accessory equipment.
  8. Co-location requirements. An application for a new wireless telecommunication tower shall document that co-location is not feasible, in that the antenna planned for the proposed tower cannot be reasonably accommodated,
    1. on a City-owned water tower;
    2. on an existing and conforming co-location tower or structure; or
    3. on an existing utility pole.
      
      The application shall document that existing co-location options, both within and transcending the municipal borders is not feasible. In addition, the application shall document, for the purpose of providing service to the residents and businesses of the City of Ashland, co-location of the tower would do one or more of the following:
      1. The antenna would exceed the structural capacity of the existing or approved tower or structure;
      2. The antenna would cause interference with other existing or planned equipment at the tower or structure;
      3. Existing or approved towers or structures cannot reasonably accommodate the antenna at a height necessary for the proposed antenna to provide service to the residents and businesses of the City of Ashland;
      4. Existing or approved structures suitable for the antenna are outside the documented search area;
      5. The owners or lessors of the existing or approved towers and structures are unwilling to allow co-location upon their facilities.
  9. Performance standards. The following performance standards apply to all wireless telecommunication facilities erected, constructed, placed, modified or replaced in the City of Ashland. All wireless telecommunication facilities shall be designed and situated to be visually unobtrusive, to minimize the impact on neighboring uses, and shall conform to the following design and siting criteria:
    1. Height. In a residential district, or on residential properties, a wireless telecommunication facility shall not exceed sixty (60) feet in height. In all zoning districts, the height shall comply with City of Ashland Ordinance 453.
    2. Setbacks. The minimum setback from any parcel line, public right-of-way, building or structure, except for accessory buildings or equipment structures, for a wireless telecommunication tower shall be equal to one hundred (100) percent of the height of the tower. Setbacks for accessory buildings and equipment structures associated with wireless telecommunication facilities shall comply with the zoning district in which the facility is located.
    3. Accessory equipment structures. All accessory equipment structures adjacent to an antenna system and/or tower shall be screened or architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district.
    4. Fencing. Pursuant to the conditions of the approved conditional use permit, appropriate safety fencing shall be incorporated within the site accommodating the tower and accessory equipment structures.
    5. Landscaping and screening. Pursuant to the conditions of the approved conditional use permit, proper landscaping and screening shall be incorporated into the site accommodating a tower and its accessory equipment.
    6. Color. The wireless telecommunication tower and antenna shall be a neutral color such as a light gray or sky blue, except as may be otherwise dictated by the Federal Aviation Administration (FAA), and be designed to minimize visibility and to blend into the surrounding environment.
    7. Materials and wind loads. Towers and antennas shall be designed to withstand applicable wind load requirements as prescribed in the applicable building codes. Towers and/or antenna systems shall be constructed of, or treated with, corrosive resistant material. A regular maintenance schedule shall be followed.
    8. Roof mounted wireless telecommunication antennas. Roof mounted wireless telecommunication antennas shall not be permitted on pitched roofs, unless they are stealth antenna incorporated into upward thrusting architectural elements, such as a steeple, spire, bell tower, or smoke stack. On flat roofs, the height of the antenna and mounting hardware may not be more than fifteen (15) feet above the highest point of the roof to which the antenna is attached.
    9. Structurally mounted wireless telecommunication antennas. A wireless telecommunication antenna mounted to the side of a building, shall be attached flush to the side of the building and shall not protrude more than three (3) feet from the side of the building. Structurally mounted antennas not affixed to towers shall be made to blend into the design and contours of the structure.
    10. Lights. No antenna or tower shall have lights, reflectors, flashers, daytime strobes, steady night lights, or other illuminating devices affixed or attached to it in any way, except as may otherwise be required by the Federal Aviation Administration (FAA). Lights shall also comply with an AIR-O Airport Overlay.
    11. Signs and advertising. No signs and/or advertising message, excluding communication call letters or frequencies, shall be affixed to the antenna or tower structure.
    12. Other attachments. No antenna or tower shall have constructed thereon, or attached thereto, any platform, catwalk, crow’s nest, or similar structure for the purpose of human support, except during periods of construction or repair.
  10. Obsolete or abandoned towers. All obsolete, damaged, unused, or abandoned wireless telecommunication towers and accompanying accessory structures shall be removed within twelve (12) months of the cessation of operations unless a time extension is approved by the Common Council. If the tower is not removed, it may be deemed a nuisance pursuant to Wisconsin Statutes. In the event a tower obsolete or abandoned tower is determined to be a nuisance, the City may act to abate such nuisance and require the removal of the tower at the owner’s expense. The owner shall provide the City with a copy of the notice of the Federal Communications Commission (FCC) intent to cease operations and shall be given twelve (12) months from the date of ceasing operations to remove the obsolete or abandoned tower and all accessory structures. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of twelve (12) consecutive months. The equipment on the ground is not to be removed until the tower structure has first been dismantled. After the facilities have been removed, the site shall be restored to its original condition, or to an improved state.
3. Applicability. This section 5.4A applies to communication equipment that is not regulated under section 5.4E.
Communication Equipment: Minor.
1. Amateur radio. Amateur radio tower installed, erected, maintained and/or operated by a federally licensed amateur radio operator shall be permitted with the issuance of a development permit and building permit provided that the antenna use involved is accessory to the primary use of the property, which is not a telecommunication facility; on residential property, no more than one support structure for licensed amateur radio operator is allowed on a parcel; and sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
2. Television antenna.
  1. Development permit and building permit required. Except as otherwise contained herein, it shall be unlawful for any person to install, either as owner or agent, servant or employee of the owner, or as an independent contractor for the owner, or otherwise, any outside antenna for television receiving apparatus or equipment or any additions to, or substitutions for, such additions or substitutions therefore, until a development permit and building permit has first been obtained from the Building Inspector or Designated Authorized Agent. A permit shall not be required for a roof mounted antenna not exceeding eight (8) feet in height over the highest peak of the roof.
  2. Certificate of approval required. It shall be unlawful for any person to make use of, or maintain in place, any outside antenna for television receiving apparatus or equipment unless and until the same has been inspected and approved by the Building Inspector and a certificate of approval issued therefore.
  3. Height. In residential districts, or on residential property, freestanding mast-type television antennas shall not exceed sixty (60) feet in height.
  4. Mechanical construction and guying. The television antenna system shall comply the following standards relating to mechanical construction and guying:
    1. Television antenna systems shall be made of non-corrosive material consistent with the standards of the Underwriter Laboratories, Inc., in compliance with the now current issue of such standards except as the same are herein specifically varied. Television antenna systems installed on roofs musts be mounted on their own platforms or plate covering two or more parallel rafters of roof and securely anchored. The antenna and mast may be of design with a heavy base to make it self-supporting.
    2. In all cases, where possible and practical, the tower or mast support shall, unless of the self-supporting type, be supported from the vertical wall of the building. No such system may be mounted so as to project over any street, sidewalk, alley, or public thoroughfare, or in such a manner as might be a hazard to public safety or endanger electric power and communication lines in periods of high winds.
    3. Any television antenna mast over ten (10) feet in height shall be supported by at least four (4) guy wires. Towers or mast supports constructed of a single pipe or a series of lengths of pipe telescoped shall require four (4) guy wires at each joint or at such joints as are considered to be adequate for support, or within the standards of accepted engineering practices.
    4. The television antenna system shall be so designed and erected as to withstand the pressure of an eighty (80) mile per hour wind.
    5. Where the height of any television antenna system is twenty-five (25) feet or over, a detailed sketch thereof and the location of the antenna with respect to the sidewalks and existing electric or communication lines, shall accompany the application for a development permit and building permit; and such sketch shall comply with all the requirements of this Ordinance.
    6. Anchor points for guy wires must be secured to withstand a strain of at least six hundred (600) pounds of guy wire. Rawl plugs may not be used for anchor points.
    7. Guy wires must be of non-corrosive material with a tensile strength of at least six hundred (600) pounds.
    8. Poles used for electric power or communication lines shall not be used for guying television antenna systems in any manner whatsoever.
    9. Miscellaneous hardware, such as brackets, turn buckles, and thimble clips, shall be hot dipped galvanized or similarly treated for weather protection and be able to withstand a strain of six hundred (600) pounds.
  5. Transmission lines. The television antenna system shall comply with the following standards relating to transmission lines:
    1. Transmission lines shall be of a type consistent with standards of the Underwriter Laboratories, Inc., in accordance with the now current issue of such standards and must be kept at least six (6) inches from existing telephone and electric wires.
    2. The transmission line shall not be attached to the same cross armor supports for light, power, or communication conductors, and shall not come within six (6) feet of a lightning rod.
    3. The wires from the television antenna mast on the outside of the building wall shall be supported in a manner to hold the wires taut on both horizontal and vertical runs. They shall be protected and insulated when entering buildings by use of an insulating tube and where exposed to mechanical injury shall be suitably protected. They shall have a permanent separation of two (2) feet from open wires up to two hundred fifty (250) volts potential, and greater separation at higher voltages.
    4. The transmission line shall be suitably insulated. The wires shall be supported by approved brackets and standoff insulators placed at least every ten (10) feet on the side of the building.
  6. Lightning arresters. The television antenna system shall comply with the following standards relating to lightning arresters:
    1. Lightning arresters shall be of a type consistent with the standards of Underwriter Laboratories, Inc., in accordance with the new current issue of such standards. Both sides of the line shall be adequately protected with proper resistors or neon lights to remove the static charges accumulated on the line and shall match the transmission line at television frequencies.
    2. The arresters shall be located outside the building, if practical. If the arresters must be placed inside the building, they shall be located at the nearest accessible space where the transmission line enters the building, away from combustible materials, and not in hazardous locations. If installed outdoors, it shall be connected to an electrode installed in accordance with the requirements of the state electrical code.
    3. When lead-in conductors of polyethylene ribbon type are used, lightning arresters shall be installed in each conductor. If a coaxial cable is used for the lead-in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheaths.
  7. Grounding. The television antenna system shall comply with the following standards relating to grounding:
    1. Television antenna systems shall be adequately grounded for protection against a direct stroke of lightning. Ground wires shall be a minimum No. 8 aluminum or copper for grounding masts and lightning arresters, and shall be mechanically and electrically secured to the antenna mast and grounding electrode by the use of approved fittings. The grounding conductor shall be run in as straight a line as practical.
    2. The ground electrode for the television antenna mast may also serve as the ground electrode for the lighting arrester.
    3. In the case where coaxial cable is used, it is permissible to ground the antenna mast to the shield of the cable.
3. Satellite dish three (3) feet or less in diameter.
  1. Permitted locations. In any district, satellite dishes that are less than three (3) feet in diameter shall be located in the rear or side yard, or located on a principal or accessory building. In no case shall a satellite dish be located in the front yard or corner street side yard.
  2. Variance for location. In the event that a usable signal cannot be obtained by locating the satellite dish in locations permitted by this Ordinance, the Board of Appeals may grant a variance, following proper variance procedures, to allow the placement of a satellite dish in another location.
  3. Advertising or graphic designs. No advertising or graphic designs are permitted on satellite dishes.
  4. Development permit not required. A development permit shall not be required for a roof mounted satellite dish three (3) feet or less in diameter.
4. Temporary communication structures. The temporary use of wheeled communication structures, properly anchored, shall be accepted, but they shall not remain at any given location for more than thirty (30) days and shall be registered with the Zoning Administrator or Designated Authorized Agent if they are going to be used for more than seventy-two (72) hours.
Utility Facilities. All structures associated with a utility facility shall meet the setbacks for principal structures in the subject zoning district and shall be adequately landscaped and screened pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Wind Energy Facility.
1. Intent. The intent of this Subsection is as follows:
  1. Oversee the permitting of wind energy facilities in the City of Ashland; and
  2. Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of the wind energy facility pursuant to Section 66.0401 of the Wisconsin Statutes.
2. General provisions.
  1. Authority. This Subsection is adopted pursuant to the authority granted in Section 62.23(7) of the Wisconsin Statutes and Section 66.0401 of the Wisconsin Statutes.
  2. Applicability. The requirements of this Subsection shall apply to all wind energy facilities proposed after the effective date of this Subsection. Wind energy facilities for which a required permit has been properly issued before the effective date of this Subsection shall not be required to meet the provisions of this Ordinance; provided, however, that any such pre-existing wind energy facility that does not provide energy for a continuous period of twelve (12) months shall meet the requirements of this Subsection prior to recommencing production of energy. However, no modification or alteration to an existing wind energy facility shall be allowed without full compliance with this Ordinance.
  3. Conditional use permit required. Approval of a conditional use permit shall be required for the installation of a wind energy facility. In addition to the general conditional use permit requirements described in Section 3.9: Conditional Use Permit, a conditional use permit application for installation of a wind energy facility shall include the following:
    1. Parcel lines and physical dimensions of the parcel;
    2. Locations, dimensions, height, and types of existing major structures on the parcel;
    3. Location of the proposed wind energy facility;
    4. The right-of-way of any public road that is contiguous with the parcel;
    5. Any overhead utility lines;
    6. Wind energy facility specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed); and
    7. Tower and tower foundation drawings.
  4. Building permit required. A building permit pursuant to Section 3.32: Building Permit shall be required for the installation of a wind energy facility.
  5. Abandonment.
    1. A wind energy facility that is out of service for a continuous twelve (12) month period shall be deemed to have been abandoned. The Zoning Administrator or Designated Authorized Agent may issue a notice of abandonment to the owner of the wind energy facility that is deemed to have been abandoned. The owner shall have the right to respond the notice of abandonment within thirty (30) days of notice receipt date. The Zoning Administrator or Designated Authorized Agent shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind energy facility has not been abandoned.
    2. If the wind energy facility is determined to be abandoned, the owner of the wind energy facility shall remove the wind generator from the tower at the owner’s sole expense within three (3) months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the Zoning Administrator or Designated Authorized Agent may pursue a legal action to have the wind generator removed at the owner’s expense.
3. Design standards. A wind energy facility shall be permitted in all zoning districts after issuance of a conditional use permit and subject to the following standards:
  1. Capacity and total height. A wind energy facility shall have a nameplate capacity of one hundred (100) kilowatts or less and shall have a total height, as measured from ground level to the tip of a wind generator blade when the tip is at its highest point, of one hundred seventy (170) feet or less. The total height of the wind energy facility shall not exceed the allowable height specified in the City of Ashland Ordinance 453 pursuant to the provisions of this Ordinance. If the height in this section is greater than that maximum height allowable for each zoning district, the maximum height allowed by this section shall govern.
  2. Setbacks. A tower for a wind energy facility shall be set back a distance equal to its height from the following:
    1. Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;
    2. Any overhead utility lines, unless written permission is granted by the affected utility; and
    3. All parcel lines, unless written permission is granted from the affected property owner or neighbor.
  3. Access. Access to the wind energy facility shall be controlled as follows:
    1. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access; and
    2. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above the ground.
  4. Noise. Audible noise from wind energy facilities shall not exceed fifty (50) dB(A) when measured from the outside of the nearest residence, business, school, hospital, religious institution, or other inhabited structure. In the event the noise emitted from the wind energy facility contains a steady pure tone such as a whine, screech, or hum the wind energy facility shall not exceed forty-five (45) dB(A) when measured outside the nearest inhabitable structure.
  5. Electrical wires. All electrical wires associated with a wind energy facility, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
  6. Signal interference. The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone, or television signals caused by the wind energy facility.
  7. Lighting. A tower and wind generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration or the City of Ashland to minimize potential air navigation hazards. Lighting shall also be consistent with an AIR-O Airport Overlay.
  8. Appearance, color, and finish.
    1. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless required otherwise as a condition of the conditional use permit.
    2. The design of wind energy facility related buildings and structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the buildings and structures to the natural setting and the existing environment.
  9. Signs. All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a wind energy facility are prohibited.
  10. Code compliance. A wind energy facility, including the tower, shall comply with all applicable state construction and electrical codes, and the National Electrical Code.
  11. Utility notification and interconnection. A wind energy facility that connects to the electric utility shall comply with the Public Service Commission of Wisconsin’s Rule 119, Rules for Interconnecting Distributed Generation Facilities.
  12. Meteorological tower. Meteorological towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a wind energy facility.
Mobile Tower Siting Ordinance.
1. Definitions. In this section:
  1. "Antenna" means communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
  2. "Application" means an application for a permit under this section to engage in an activity specified in sub. (2) (a) or a class 2 collocation.
  3. "Class 1 collocation" means the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility but does need to engage in substantial modification.
  4. "Class 2 collocation" means the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility or engage in substantial modification.
  5. "Collocation" means class 1 or class 2 collocation or both.
  6. "Distributed antenna system" means a network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
  7. "Equipment compound" means an area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.
  8. "Existing structure" means a support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with a political subdivision.
  9. "Fall zone" means the area over which a mobile support structure is designed to collapse.
  10. “Mobile service” means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (A) both one-way and two-way radio communication services, (B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.
  11. "Mobile service facility" means the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.
  12. "Mobile service provider" means a person who provides mobile service.
  13. "Mobile service support structure" means a freestanding structure that is designed to support a mobile service facility.
  14. “Public utility” means a public utility as defined in Section. 196.01, Wis. Stats.
  15. "Search ring" means a shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.
  16. "Substantial modification" means the modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
    1. For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
    2. For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more.
    3. Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.
    4. Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
  17. "Support structure" means an existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.
  18. "Utility pole" means a structure owned or operated by an alternative telecommunications utility, as defined in Section 196.01 (1d)Wis. Stats.; public utility, as defined in s. 196.01 (5) Wis. Stats.; telecommunications utility, as defined in s. 196.01 (10) Wis. Stats.; political subdivision; or cooperative association organized under Chapter 185 Wis. Stats.; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Section 182.017 (1g) (cq) Wis. Stats.; for video service, as defined in Section 66.0420 (2) (y) Wis. Stats.; for electricity; or to provide light.
2. New construction or substantial modification of facilities and support structures.
  1. Any person seeking to engage in either of the following activities must submit an application for a conditional use permit as described in subsection (b), together with the applicable fee, to the Zoning Administrator. Either of the activities described in this section is a conditional use in all zoning districts.
    1. The siting and construction of a new mobile service support structure and facilities.
    2. With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities.
  2. The application which a person must complete to engage in the siting, construction, or modification activities described in par. (a) shall be in writing and shall contain all of the following information:
    1. The name and business address of, and the contact individual for, the applicant.
    2. The location of the proposed or affected support structure.
    3. The location of the proposed mobile service facility.
    4. If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
    5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
    6. If an applicant is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
  3. If an applicant submits to an application for a permit to engage in an activity described under par. (a), which does not contain all of the information required under par. (b), the Zoning Administrator shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
  4. Within 45 days of receipt of a complete application, the Zoning Administrator shall review the application to determine whether it complies with all applicable aspects of the City's building code and, subject to the limitations in this section, zoning ordinances.
  5. Within 90 days of receipt of a complete application, the City Council shall make a final decision whether to approve or disapprove the application and shall, within the same 90 day period, notify the applicant, in writing, of its final decision.
  6. If the decision of the City Council is to disapprove the application, the Zoning Administrator shall include with the written notification substantial evidence which supports the decision.
  7. The 90 day time period set forth in subsection (e), above, may be extended by agreement of the City and applicant.
  8. The City Council may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under subsection (b) (6).
  9. A party who is aggrieved by the final decision of the City Council may bring an action in the circuit court of Ashland County.
  10. If an applicant provides the City with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback required in the zoning district in which the facility is proposed, this ordinance does not apply to such a structure unless there is substantial evidence, which the City provides to the applicant, that the engineering certification is flawed.
3. Collocation on existing support structures.
  1. A class 2 collocation is a permitted use in all zoning districts.
  2. A class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.
  3. Any person seeking to engage in a class 2 collocation shall submit an application for a development permit and site plan approval together with the applicable fees, to the Zoning Administrator. The application shall contain all of the information required under subsection (2) (b) (1) to (3). If any of the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within 5 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
  4. Within 15 days of receipt of a complete application, the Zoning Administrator shall review the application to determine whether it complies with all applicable aspects of the law.
  5. Within 45 days of receipt of an application, the City Council shall make a final decision whether to approve or disapprove the application, and shall, within the same 45 day period, notify the applicant, in writing, of its final decision, and if the application is approved, shall issue the applicant the relevant permit.
  6. If the decision is to disapprove the application, the Zoning Administrator shall include with the written notification substantial evidence which supports the decision.
  7. The 45 day period set forth in subsection (e), above, may be extended by agreement of the City and applicant.
  8. A party who is aggrieved by the final decision of the City Council under par. (e) may bring an action in the circuit court of Ashland County.
4. Limitations. With regard to an activity described in subsection (2) (a) or a class 2 collocation, the City Council shall not do any of the following:
  1. Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers.
  2. Permit third-party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications.
  3. Disapprove an application to conduct an activity described under subsection (2) (a) based solely on aesthetic concerns.
  4. Disapprove an application to conduct a class 2 collocation on aesthetic concerns.
  5. Prohibit the placement of emergency power systems.
  6. Require that a mobile service support structure be placed on property owned by the City.
  7. Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting.
  8. Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the City at less than the market rate, or to provide the City other services via the structure or facilities at less than the market rate.
  9. Limit the duration of any permit that is granted.
  10. Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in collocation.
  11. Disapprove an application based on an assessment of the suitability of other locations for conducting the activity.
  12. Require that a mobile service support structure, existing structure, or mobile service facilities have or be connected to backup battery power.
  13. Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures.
  14. Consider an activity a substantial modification under subsection (1) (q) (1) or (2) if a greater height is necessary to avoid interference with an existing antenna.
  15. Consider an activity a substantial modification under sub. (1) (q) (3) if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.
  16. Limit the height of a mobile service support structure to under 200 feet.
  17. Condition the approval of an application on, or otherwise require, the applicant's agreement to indemnify or insure the City in connection with the City's exercise of its authority to approve the application.
  18. Condition the approval of an application on, or otherwise require, the applicant's agreement to permit the City to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, the City or an entity in which the City has a governance, competitive, economic, financial or other interest.
5. Collocation preference.
  1. As a matter of municipal policy, the City strongly supports collocation. Applicants proposing new construction shall have the burden of demonstrating the necessity of new construction in lieu of collocation. Facilities proposed for approval shall generally be sized and designed to allow flexibility for addition of more facilities by the same applicant entity or other entities, and the City may negotiate terms and conditions facilitating collocation. Once approved, additional antennas and accessory facilities may be added to a site in accordance with the sharing conditions of the conditional use approval.
  2. Permittees shall exercise good faith in collocating and/or clustering with other communication companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the applicant and complaining user, and such a requirement shall be deemed a condition of any conditional use permit or development permit approved hereunder.
6. Additional criteria and requirements for conditional use permit and development permit and site plan approval.
  1. All changes made to towers exceeding what was requested in the original application or otherwise legally existing at the date of adoption of this section, including, but not limited to, adding microwave dishes, or increasing the height, or profile, shall require review and approval by the Plan Commission.
  2. All towers and sites shall be properly maintained and shall be kept in a condition as not to become a public nuisance or eyesore. Proper maintenance shall include, but not be limited to, regular lawn and landscaping care, painting of an accessory building, fences, and tower. Additionally, the site shall be kept clear of junk and trash.
  3. Landscaping and other requirements. As part of permitting and site plan approval under Sections (2) and (3), the Plan Commission may prescribe landscaping, screening, fencing, and other incidental requirements as a condition of approval, provided no such requirement is prohibited under Section (4).
  4. Every three years, beginning with the adoption of this section or following completion of construction of a tower, whichever is later, the owner of the tower shall submit to the Zoning Administrator a report from a structural engineer or other expert acceptable to the Zoning Administrator reflecting the fact that such tower is structurally sound and does not pose any threat to life or property.
  5. Obsolete or abandoned towers shall be treated as provided in Section 5.4A(2)(j).
  6. No apparatus shall be attached to any tower except as approved by the Plan Commission. Apparatus attached legally to existing towers prior to enactment of this section may remain but not be increased in any way except with approval of the Plan Commission. Plan Commission approval for additional apparatus will be granted only after the applicant demonstrates a need for additional apparatus.
7. Surety required. Prior to final approval for a new mobile service facility, the owner shall furnish a financial guarantee in the form of a letter of credit to the City in the amount of twenty thousand dollars ($20,000). Funds from the letter of credit may be used by the City to pay any professional fees associated with the removal of the tower or restoration of the site upon which it is located.
8. Construction and Severability.
  1. This ordinance shall be construed to be in conformity with Sec. 66.0404, Wis. Stats. Should any provision hereof be inconsistent with any provision of Sec. 66.0404, the provision of Sec. 66.0404 shall control.
  2. Should any section or subsection of this ordinance be found by a court of competent jurisdiction to violate any provision of Sec. 66.0404, Wis. Stats., or any other law, the remainder of this ordinance shall not be affected thereby.

5.5 Temporary Or Seasonal Uses

Model Home. A model home use shall only be allowed in those zoning districts where it permitted as a conditional use and only after issuance of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit. In addition, a model home use shall be consistent with all of the following standards:
1. Office use. No more than fifteen (15) percent of the area of the model home’s main floor shall be used for office area.
2. Spacing. Model homes shall have at least five hundred (500) feet of separation between other model homes. Model homes may have less than five hundred (500) feet of separation if located on separate conforming parcels, and if all required setbacks are met for that zoning district.
3. Allowable time before model home must cease its use as a model home. A model home shall not be used a model home for a period of more than two (2) years. After which, the model home must be converted to a use permitted in the zoning district.
4. Hours of operation. Hours of operation for showing of the model home shall be between 8:00 AM and 8:00 PM, or other reasonable times as may be required by the conditions of an approved conditional use permit.
5. Advertising. Advertising placed on the same parcel with such model home shall be limited to a real estate “For Sale” sign, not to exceed an area of six (6) square feet.
Temporary Construction Building. A temporary construction building shall be permitted after issuance of a development permit (and any other required permits) and shall be removed at or before the time of completion of the construction project.
Temporary Real Estate Office. The sales office and any associated model homes or units shall be open only until the homes or units specifically being marketed are sold out and only between the hours of 8:00 AM and 8:00 PM.
Seasonal Market.
1. General applicability. Seasonal market uses, as defined by this Ordinance, shall be allowed after issuance of a development permit and any other applicable permits, including a building permit, pursuant to the following:
  1. The seasonal market shall be located on the parcel owned or leased by the operator of the seasonal market. Alternatively, the market operator may furnish the Zoning Administrator or Designated Authorized Agent with written evidence that the property owner has given the operator permission to use the parcel for a seasonal market. A certificate of occupancy shall not be required for a seasonal market meeting the requirements of this Subsection.
  2. If fish sales, flowers, plants, Wisconsin-grown farm products, or holiday trees constitute at least seventy-five percent (75%) of the merchandise offered for sale, the activity shall be limited to not more than ninety (90) days in one (1) calendar year. Otherwise, the duration of the seasonal market shall be limited to not more than fourteen (14) days in one (1) calendar year.
  3. The seasonal market shall not produce glare or spill light or noise in violation of this Ordinance.
  4. Signage shall be limited to two (2) signs and a total display area of twenty four (24) square feet for all signs combined.
  5. Sales shall occur between the hours of 7:00 AM and 10:00 PM
  6. The site shall be restored to its previous condition following termination of the seasonal market.

5.6 Accessory Uses And Other Uses

Accessory Building. Accessory buildings shall comply with the following conditions:
1. Size of accessory buildings on residential parcels.
  1. An accessory building on a residential parcel may not occupy more than twenty-five (25) percent of a required rear yard or thirty-five (35) percent of any non-required rear yard. In no instance shall the accessory building exceed the ground floor area of the principal building.
2. Measurement of setbacks. Measurement of setbacks for accessory buildings shall be consistent with Section 6.1 B., 1.: Measurement of Setbacks.
3. Separation from principal buildings. Accessory buildings shall be at least six (6) feet from the principal building situated on the same parcel.
4. Accessory buildings in front yards limited.
  1. No accessory building shall be permitted nearer to the front parcel line than the minimum allowed setback from the front parcel line in the subject zoning district for the principal buildings or the average setback of the principal buildings on parcels immediately adjoining the parcel on the same side of the street, whichever is Jess.
  2. Parcels that are in the FD Future Development, R-E Residential Estate, LI Light Industrial and HI Heavy Industrial, and are a minimum of five (5) acres may locate an accessory building nearer the front parcel line than the principal building, but not nearer the minimum required setback from the front parcel line for a principal building.
5. Accessory building interior side and rear setbacks. Accessory buildings shall not be located Jess than three (3) feet from the interior side or rear parcel lines. Where a vehicle entrance to an accessory building faces an alley right-of-way, the accessory building shall not be located less than ten (10) feet from the parcel line abutting the alley.
6. Accessory building setback on corner parcels. No accessory building shall be permitted nearer to the comer street side parcel line than the minimum allowed setback from the comer street side parcel line in the subject zoning district for principal buildings, or the average setback of the four (4) or less nearest principal buildings and accessory garages along the same side of the street, whichever is less. In no case shall an accessory building be located within the required vision triangle as specified in Section 6.1: General Standards.
7. Accessory building height. No accessory building shall exceed twenty feet (20) feet and one (1) story in height, except in the case of an accessory building containing an accessory dwelling unit located above a garage constructed on a parcel already containing a principal building. No accessory building consisting of a garage and accessory dwelling unit shall exceed 25 feet in overall height. In the case of the Future Development zoning district an accessory building may have a 35-foot maximum height limit if it is located on a parcel where a principal structure already exists. Accessory building height shall be measured in accordance with Section 6.1 C.: Building Height.
8. Accessory building attached to principal building. When an accessory building is structurally attached to a main principal building or located within six (6) feet of the principal building, it shall be subject to, and must conform to, all regulations of this Ordinance applicable to principal buildings.
9. Conversion of accessory building to dwellings limited. The conversion of any accessory building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for a similar occupancy would be permitted under this Ordinance, and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum parcel area, parcel area per dwelling unit, percentage of parcel coverage, dimensions of yards and other open spaces, and off-street parking.
10. Accessory buildings without a principal building. No accessory building shall be erected or constructed prior to the erection or construction of the principal building, except:
  1. Personal storage building. A personal storage building may be constructed as a principal building pursuant to Section 5.6, H.: Personal Storage Building as a Principal Building. Regardless of zoning district such a building shall be limited to twenty (20) feet and one story in height and shall not include living quarters. No building containing an accessory dwelling unit shall be constructed prior to the construction of a principal building on a parcel.
  2. Recreation accessory buildings. An accessory building may be constructed on public lands or at a commercial recreation facility, including campgrounds and outdoor shooting ranges, when the land or facility is issued a permit for, or approved by, the Zoning Administrator or Designated Authorized Agent, as a principal use.
11. Appearance. The architectural appearance of accessory buildings should be visually compatible with the principal building relative to color, materials, and form.
12. Accessory buildings in the FD Future Development District. Accessory buildings over twelve hundred (1,200) square feet in the FD Future Development District shall comply with Section 4.37, D Design Standards and Guidelines for Agricultural Buildings and Other Accessory Buildings.
Accessory Structures. Accessory structures, not elsewhere defined or regulated, shall comply with the following conditions:
1. Size of accessory structures on residential parcels.
  1. An accessory structure on a residential parcel may not occupy more than twenty-five (25) percent of a required rear yard or thirty-five (35) percent of any non-required rear yard. In no instance shall the accessory structure exceed the ground floor area of the principal building.
2. Measurement of setbacks. Measurement of setbacks for accessory structures shall be consistent with Section 6.1 B., I.: Measurement of Setbacks
3. Accessory structure height. No accessory structures shall exceed twenty feet (20) in height and one (1) story, except in the case of an accessory structure containing an accessory dwelling unit located above a garage constructed on a parcel already containing a principal building. No accessory strncture consisting of a garage and accessory dwelling unit shall exceed 25 feet in overall height. In the case of the Future Development zoning district an accessory structure may have a 35-foot maximum height limit if it is located on a parcel where a principal structure already exists. Accessory structure height shall be measured in accordance with Section 6.1 C: Building Height.
4. Storage canopy. Storage canopies as defined shall comply with the following conditions.
  1. Storage canopies shall be located in an interior side yard or rear yard
  2. Shall be limited to one (1) storage canopy per parcel
  3. Shall be located no closer than three (3) feet from any parcel line and shall maintain a six (6) foot separation from any principal or accessory building
  4. Shall not be located on a vacant parcel
  5. Shall be maintained in a reasonable state of repair to prevent them from becoming a public nuisance
  6. Shall be securely anchored and stabilized so as not to shift in the wind or present a public safety hazard.
5. Accessory structures without a principal building. An accessory structure may be constructed on public lands or at a commercial recreation facility, including campgrounds and outdoor shooting ranges, when the land or facility is issued a permit for, or approved by, the Zoning Administrator or Designated Authorized Agent, as a principal use.
6. Other standards. Accessory structures shall meet all other applicable standards pursuant to Section 6.1 B Setbacks, Section 6.1 D: Impervious Coverage, Section 6.1 H: Vision Triangle, Section 6.7: Exterior Lighting and all other applicable standards identified with the approval or permit.
Animals: Keeping of. The regulations of this Subsection are established to permit the keeping of domestic and family farm animals and honey bees to promote the goals and benefits of urban homesteading, including productive use of private property, personal food choice, family subsistence, community food security, sustainability, and animal welfare, in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Also refer to Chapter 951 of the Wisconsin State Statutes for state regulations.
1. Domestic animals. In any residential district, or in conjunction with any existing residential uses in any other district, there may be kept a total of not more than four (4) domestic animals, excluding any dogs or cats less than twelve (12)weeks in age, or rabbits or chickens pursuant to the specific requirements of this Ordinance. No part of any enclosure or pen for domestic animals shall be located less than ten (10) feet from the parcel line. Keeping dogs for the purpose of breeding or sale shall require a license pursuant to City of Ashland Ordinance 351.
2. Family farm animals. The raising of family farm animals shall occur only in those districts where allowed by this Ordinance and only if the subject parcel has a minimum area of twenty thousand (20,000) square feet.
  1. Small. Ten (10) small family farm animals shall be allowed for each twenty thousand (20,000) square feet of parcel area. No part of any enclosure or pen for family farm animals shall be located less than ten (10) feet from the parcel line.
  2. Large. Two (2) large family farm animals shall be allowed for every five (5) acres of parcel area. No part of any enclosure or pen for family farm animals shall be located less than ten (10) feet from the parcel line, except parcels in the FD district.
  3. Future Development (FD) District parcels. An enclosure or pen for family farm animals may be located on the parcel line for all properties five (5) acres or more and pursuant to Chapter 90 of the Wisconsin State Statutes.
3. Beekeeping.
  1. Intent. The intent is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of honey bees in populated areas.
  2. Beekeeping allowed. Beekeeping shall be allowed in all districts allowing the raising of family farm animals. In addition, beekeeping may be allowable in any zoning district that does not allow the raising of family farm animals pursuant to the conditions stated in subparagraph d. Colony densities.
  3. Permit required. Beekeepers are required to obtain a permit from the Zoning Administrator or Designated Authorized Agent for all apiaries, identifying the locations of hives and number of colonies prior to establishment pursuant to Section 3.46: Keeping of Animals Permit. Once a permit is applied for, all neighboring property owners whose parcel line is within one-hundred (100) feet of any hive shall be provided written notification by the Department of Planning and Development. Neighboring property owners shall be allowed fourteen (14) days from the date the notification was mailed to contact the Planning and Development office with an objection to the permit issuance if one or more person residing at the property is allergic to honeybees. If such an objection is made, the permit may be denied. If no objections are made, and the permit is issued, the City reserves the right to revoke the permit should a neighboring property owner discover a person residing on the property has an allergic reaction to honeybees at a later date.
  4. Densities. A maximum of two (2) hives shall be allowed on parcels measuring one (1) acre or less in size. Parcels exceeding one (1) acre in size shall be allowed one (1) additional hive for every additional one-half (1/2) acre of land within the parcel. Parcels exceeding five (5) acres in size shall not require a Keeping of Animals Permit and shall have no maximum number of beehives on the parcel provided that all beehives are located a minimum of one-hundred (100) feet from the parcel line.
  5. Hive type and maintenance. All honey bee colonies shall be kept in inspectable type hives with removable combs, which shall be kept in sound and usable condition. Beekeepers shall ensure that no bee comb or other equipment is left on the grounds of an apiary site. Upon removal from the hive, all supplies should be promptly disposed of or placed in a sealed container or within a building or other bee-proof enclosure.
  6. Setbacks. All hives shall be located a minimum of ten (10) feet from all property lines, with the back of the hive facing the nearest adjoining property.
  7. Fencing of flyways. In each instance in which any colony is situated within twenty five (25) feet of a parcel line of the parcel upon which the apiary is situated, as measured from the nearest point on the hive to the parcel line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height consisting of a solid wall/fence, dense vegetation, or combination thereof that is parallel to the parcel line and extending ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six(6) feet above ground level over the property lines in the vicinity of the apiary.
  8. Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so as to keep the bees from congregating at swimming pools, pet water bowls, bibcocks, birdbaths, or other water sources where they may cause human, or domestic pet contact. The water shall be maintained so as to not become stagnant.
  9. Behavior and swarming. Adequate space shall be maintained in the hive to prevent overcrowding and swarming. Colonies shall be re-queened following any swarming or aggressive behavior. One (1) additional temporary hive is allowed for hive separation or new swarm establishment purposes. Such temporary hive shall be removed from the property within two (2) weeks.
  10. Prohibited. The keeping by any person of bee colonies in the city not in strict compliance with this section is prohibited, including the keeping of diseased, infected or Africanized species of bees. Any bee colony not residing in a hive structure intended for beekeeping, any swarm of bees that poses an immediate risk to the safety of humans, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed by a Designated Authorized Agent of the City.
  11. Notice. Every parcel containing an apiary thereon shall conspicuously post signage warning the presence of hives and beekeeping.
4. Chickens. Chickens (excluding roosters) may be raised in any zoning district that allows the raising of farm animals pursuant to Section 5.6 C.2.: Family Farm Animals. In addition, chickens may be raised in any zoning district that does not allow the raising of family farm animals, but that does allow the keeping of domestic animals, pursuant to the following conditions:
  1. No parcel five (5) acres or less shall be allowed more than six (6) female chickens. Parcels exceeding five (5) acres in size shall be allowed a maximum of one-hundred (100) chickens, provided that the coop is located at least one-hundred (100) feet from any parcel line and all other provisions of this Ordinance are met.
  2. A permit for the raising of chickens shall be obtained from and approved by the Office of the Zoning Administrator and Animal Control Officer pursuant to Section 3.46: Keeping of Animals Permit. A permit fee, as designated in the City of Ashland’s Comprehensive Fee Schedule, shall be paid prior to issuance of the permit and shall be good for three (3) consecutive years. Applicants must obtain consent from all on-site residents. Once a permit is issued, the Department of Planning and Development shall send notifications to the owners of all abutting parcels, if said parcels contain an occupied principal building within one hundred (100) feet of the applicant’s parcel.
  3. Chickens shall be given access to a secure and clean outdoor enclosure, and provided with a covered, predator-proof chicken house that is thoroughly ventilated, of sufficient size to admit free movement of the chickens, designed to be easily accessed, cleaned and maintained by the owners and be at least two (2) square feet per chicken in size.
  4. No chicken house or pen shall be located closer than twenty (20) feet to any residential structure other than the owner’s, nor closer than ten (10) feet from any parcel line. The chicken house may require a building permit pursuant to Section 5.6 A.: Accessory Building, as determined by the Building Inspector or Designated Authorized Agent.
  5. Chickens shall be provided a constant supply of water and food replenished at least once daily.
5. Rabbits. Rabbits may be raised in any zoning district that allows the raising of farm animals pursuant to Section 5.6 C.2.: Family Farm Animals. In addition, rabbits may be raised in zoning districts that do not allow the raising of farm animals but allow the keeping of domestic animals, pursuant to the following conditions:
  1. No parcel shall be allowed more than five (5) rabbits over the age of three (3) months.
  2. Approval shall be required for the keeping of three (3) or more rabbits. Approval shall be obtained from and approved by the Office of the Zoning Administrator and Animal Control Officer pursuant to Section 3.46: Keeping of Animals Permit.
  3. Rabbits shall be provided with a secure and covered, predator-proof hutch that is thoroughly ventilated, of sufficient size to admit free movement of the rabbits, designed to be easily accessed, cleaned and maintained by the owners, and be at least three (3) feet off the ground.
  4. Hutches shall be cleaned and a constant supply of water and food shall be provided and replenished at least once daily; and
  5. Bedding shall be provided when the low temperature for the day is below forty (40) degrees Fahrenheit.
6. General maintenance and care of animals. All pens or enclosures housing any animal shall be maintained in a clean and sanitary condition so as to be free of offensive odors and other nuisance features at all times. All animals shall be confined to pens or enclosures, leashed or attended at all times. Animal pens or enclosures may require a fence permit pursuant to Section 6.5: Fences.
7. Harvesting (slaughtering). The harvesting (slaughtering) of animals for personal use shall occur in a humane and sanitary manner and not open to view from any public right-of-way or adjacent parcel.
8. Commercial. All keeping of animals for commercial or public purposes (including the sale of animals and/or their by-products) shall be regulated as a permitted or conditional use in those districts allowing such use. Such uses include, animal boarding, grooming and training, commercial kennels, farms, livestock, slaughter and research facilities, retail pet stores, wildlife reserves and zoos. Pet shops shall refer to City of Ashland Ordinance 351 for additional regulations.
Day Care: Family Home.
1. The operator of the family home day care shall reside in the dwelling unit in which the day care is located. If this standard is not met, the day care is classified as a commercial day care and must meet the requirements of that use.
2. A family home day care shall not operate between the hours of 12:00 AM and 6:00 AM
3. The family home day care shall be operated in compliance with applicable laws including those specified in Department of Children and Families Chapter 250 of the Wisconsin Administrative Code.
Outdoor Mechanical Equipment. To the maximum extent practical, outdoor mechanical equipment, such as air conditioner condensers and similar mechanical units, shall be located in the rear yard. Where this is not feasible, outdoor mechanical equipment may be located in the side yard. In no case shall outdoor mechanical equipment be located closer than three (3) feet to a parcel line. All outdoor mechanical equipment (including rooftop mechanical units) shall be screened from public view to the extent practical.
Outdoor/Indoor Temporary Sales and Auctions.
1. General requirements. Outdoor/Indoor sales and auctions not requiring a permit, including but not limited to, personal property sale items, garage, yard, or estate sales and auctions shall be consistent with the following requirements:
  1. Garage, yard, or estate sales shall not exceed three (3) days during any six (6) month period;
  2. Sale of personal property items on display or within view from a public right-of-way, including but not limited to, vehicles, boats, trailers, and accessory buildings shall not exceed one year; and
  3. Real estate and estate auctions shall not exceed three (3) days.
2. Sign requirements. All signs for outdoor/indoor temporary sales and auctions shall follow requirements pursuant to Section 6.6, C., 18.: Temporary signs: on-premise.
3. Conditional Use Permit. All other temporary sales exceeding the above requirements may be permitted upon review and approval of a conditional use permit, pursuant to Section 3.9: Conditional Use Permit.
Patio, Deck, Terrace, and Similar Uses.
1. Patio. A patio shall be at least five (5) feet to any parcel line.
2. Deck and/or Terrace. Decks and terraces shall comply with the minimum required setback of the principal building from the front, corner street side, and side parcel lines. Decks and terraces shall comply with the required setback of the principal building from the rear parcel line, but in no case shall a deck or terrace be required to be more than twenty-five (25) feet from the rear parcel line.
3. Porch. A porch shall meet the required setback of the principal building.
Personal Storage Building as a Principal Building. A personal storage building may be used as a principal building (as opposed to an accessory building) if it complies with all of the following conditions:
1. The building shall be permitted only in the FD Future Development District and only on a parcel that has a minimum area of five (5) acres.
2. The building shall be used for personal storage use only. In no case shall it be used for commercial use or any other use for which a fee is charged.
3. At no time shall the building be used as a temporary or permanent dwelling unless it is converted to such a use pursuant to the requirements of this Ordinance and all other applicable codes.
4. The building shall meet the required setbacks of a principal building in the FD Future Development District.
5. Buildings over twelve hundred (1,200) square feet shall comply with the design standards and guidelines specified in Section 4.37, D.: Design Standards and Guidelines for Agricultural Buildings and Other Accessory Buildings.
Public Art. The Intent of this subsection is to regulate public art, as defined by this ordinance, in the City of Ashland and to ensure that the public art being installed contributes to the City’s visual character, enhances the area in which it is proposed to be located and creates a unique sense of place.
1. Private visual works of art. Any visual work of art not defined as Public Art may be regulated as an accessory structure pursuant to Section 5.6 B.: Accessory Structure.
2. Murals.
  1. Intent. The intent of this Paragraph is to regulate the location, design, and maintenance of murals in the City of Ashland.
  2. Application and permits. Due to the large size of murals and the importance that murals have on the overall image of the community, no mural shall be painted or affixed to a building until the building owner has first received a permit for the proposed mural pursuant to Section 3.25: Public Art Permit. A mural, if proposed to be located on a structure designated as historic, may require the approval and issuance a historic preservation certificate of appropriateness pursuant to City of Ashland Ordinance 826.
  3. Ashland Mural Walk. All murals approved by, funded through and installed in accordance with the regulations and standards set forth by the Ashland Mural Walk Project, shall be also be required to adhere to the following design, installation and maintenance standards.
  4. Design, installation, and maintenance standards. All murals shall comply with the following standards:
    1. Prior to painting or affixing a mural to the building, the surface of the building must be fully repaired and/or deemed suitable for the proposed mural. The City Building Inspector or other Authorized Agent shall check the surface of the structure for general suitability. However, the City and/or its Designated Authorized Agents shall not be responsible for any potential future failures associated with the structure or the mural.
    2. A sealer shall be applied to the surface of the mural to extend the life of the mural and to make it easier to clean and maintain.
    3. The placement or erection of ladders, scaffolding, lifts, or other construction equipment as part of the mural project must be done in compliance with all applicable codes and regulations.
    4. Work performed within, or that which may pose a hazard to, the public right-of-way shall be approved through a Right-of-Way Permit by the Public Works Director or Designated Authorized Agent to ensure adequate measures are taken to protect pedestrians, the public infrastructure, and to address parking impacts.
    5. Murals shall meet all applicable standards pursuant to Section 6.7: Exterior Lighting and all other applicable standards identified with the approval or permit.
    6. Evidence of adequate liability insurance shall be provided and the City of Ashland shall be named as an additional insured party during the period of work.
    7. A mural shall be considered a property improvement and the property owner shall be responsible for ongoing maintenance and cleaning of the mural. The property owner may contract with the mural artist, the Ashland Mural Walk Project, or others for basic maintenance.
3. Sculptures and other public art.
  1. Intent. The intent of this Paragraph is to regulate the location, design, and maintenance of sculptures, fountains and other public art in the City of Ashland.
  2. Exemptions. This subsection shall not apply to those sculptures, fountains, or other public art which do not exceed a height of four (4) feet in a front or side corner yard, a height of six (6) feet in a rear or side yard, and do not exceed sixteen (16) square feet in area.
  3. Application, review and permits. Due to the potentially large size of sculptures, fountains and other public art, no piece of public art shall be installed until the property owner has first received approval from the Zoning Administrator or Designated Authorized Agent and a permit pursuant to Section 3.25: Public Art Permit. A sculpture, fountain, or other public art proposed to be located at or on a site or structure designated as historic, may require the approval and issuance a historic preservation certificate of appropriateness pursuant to City of Ashland Ordinance 826.
  4. Design, installation, and maintenance standards. All sculptures, fountains, or other public art shall comply with the following standards:
    1. Sculptures or other public art may be functional, interactive, educational, symbolic, or commemorative and may incorporate landscape elements.
    2. Fountain basins one-hundred and fifteen (115) square feet in surface area or greater, shall not exceed a water depth equal to or greater than twenty-four (24) inches.
    3. Sculptures, fountains, or other public art shall not exceed a height of thirty-five (35) feet, except that a sculpture, fountain, or other public art may exceed a height of thirty-five (35) feet with the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit.
    4. Sculptures, fountains, or other public art shall meet all other applicable standards pursuant to Section 6.1B Setbacks, Section 6.1 D: Impervious Coverage, Section 6.1 H: Vision Triangle, Section 6.7: Exterior Lighting and all other applicable standards identified with the approval or permit.
    5. The placement or erection of ladders, scaffolding, lifts, or other construction equipment as part of the public art project must be done in compliance with all applicable codes and regulations.
    6. Work on or adjacent to the public right-of-way shall be reviewed and approved by the Public Works Director or Designated Authorized Agent to ensure adequate measures are taken to protect pedestrians, public infrastructure, and to address parking impacts.
    7. Evidence of adequate liability insurance shall be provided and the City of Ashland shall be named as an additional insured party during the period of work.
    8. A sculpture, fountain, or other public art shall be considered a property improvement and the property owner shall be responsible for ongoing maintenance and cleaning of the sculpture, fountain, or other public art. The property owner may contract with the artist or others for basic maintenance.
4. Conditional Use Permit. Proposed public art exceeding standards set forth in Subsection 5.6 I. 3. d. (2) and (3) may apply for a conditional use permit pursuant to Section 3.9: Conditional Use Permit.
Solar Equipment and Solar Rights.
1. Solar equipment shall be consistent with the setback and height requirements of the principal or accessory building, whichever is applicable. Solar equipment that is not consistent with the setback and height requirements may be considered pursuant to conditional use procedures as specified in Section 3.9: Conditional Use Permit.
2. No person in control of property shall allow a tree or shrub to be placed or grow as to cast a shadow between the hours of 9:00 AM and 3:00 PM upon a solar collector energy system capable of generating more than one million (1,000,000) British thermal units (BTUs) per year, and that supplies a part of the energy requirements for improvements on the property where the solar energy system is permanently located.
Sport Court, Play Equipment, and Similar Uses. Sport courts, play equipment, and similar uses shall meet the same setbacks required for an accessory building. However, sport courts, play equipment, and similar uses shall not count towards the maximum allowable number or maximum allowable area of accessory buildings on a site.
Swimming Pool.
1. Intent. The intent of this Subsection is to ensure that swimming pools, as defined by this Ordinance, are constructed and maintained in a manner that protects the health, safety, and welfare of the intended users of the swimming pool. It is also the intent of this Subsection to ensure swimming pools have adequate barriers to deter children and other unauthorized persons from gaining unsupervised access to the swimming pool.
2. Required permits. All swimming pools as defined by this Ordinance shall be consistent with the swimming pool barrier requirements of this Ordinance. In addition, any swimming pool with a capacity of over three thousand (3,000) gallons or with a depth of over three (3) feet of water shall require the issuance of a building permit.
3. Required plans. An application for a building permit shall include the following information:
  1. The type and size of pool; and
  2. A site plan indicating:
    1. the location of the pool;
    2. the location of the dwelling and/or other buildings on the subject parcel;
    3. other improvements on the parcel;
    4. location of the filter unit, pump heating unit, and wiring indicating the type of such units (if applicable);
    5. location of back flush and drainage outlets;
    6. grading and/or surface drainage plan;
    7. location of existing overhead or underground utilities;
    8. drainage and utility easements; and
    9. any other existing features as may be necessary to determine whether the proposed pool is consistent with this Ordinance.
4. Setbacks. The setback shall be measured at the edge of the waterline. Swimming pools shall comply with the following setbacks:
  1. Swimming pools shall not be located less than ten (10) feet from any side or rear parcel line.
  2. Swimming pools shall not be located with the front yard.
  3. Swimming pools shall not be located less than six (6) feet from any principal structure.
  4. Swimming pools shall not be located less than ten (10) feet from any portion of a septic system or a well.
  5. Swimming pools shall not be located less than ten (10) feet from any overhead utility lines or less than five (5) feet from any underground utility lines.
  6. Swimming pools shall not be located within any existing easements.
5. In-ground pools. In the case of in-ground swimming pools, necessary precautions shall be taken during construction to avoid damage, hazards, or inconvenience to adjacent or nearby property and to avoid erosion, dust, or other infringements on adjacent property from the stockpiling of excavated material.
6. Back flush water or pool drainage water. Back flush water or water from pool drainage may be directed into the street storm water system or onto the owner’s property unless otherwise authorized by the Public Works Director or Designated Authorized Agent.
7. Mechanical equipment. The filter unit, pump, heating unit, and any other noise making mechanical equipment shall be located at least thirty (30) feet from any adjacent residential structure and at least five (5) feet from any parcel line.
8. Swimming pool barrier. An outdoor swimming pool shall be provided with a barrier that shall be installed, inspected, and approved prior to filling the swimming pool with water. Fencing shall require the issuance of a fence permit pursuant to Section 3.43: Fence Permit. The barrier shall comply with the following:
  1. The barrier shall either surround the swimming pool or the property and shall be sufficient to make the swimming pool inaccessible to unsupervised children.
  2. The barrier, including gates therein, shall not be less than six (6) feet above the underlying ground. All gates shall be self-latching with latches placed four (4) feet above the underlying ground and otherwise made inaccessible from the outside to small children. Fencing shall be a minimum of four (4) feet at all points from the existing walls of swimming pools.
  3. All gates shall be secured when the swimming pool is unattended. Ladders for swimming pools shall be removed when not in use and steps to decks abutting swimming pools shall be locked with gates when unattended.
  4. A natural barrier, hedge, pool cover, or other protective device approved by the Building Inspector or Designated Authorized Agent may be used provided that the protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate, and latch described herein.
Outdoor Merchandise Sales.
1. General Requirements. Outdoor merchandise sales shall be allowed as defined by this Ordinance, or after the issuance of a permit to temporarily place items on a sidewalk pursuant to Section 3.44: Permit to Temporarily Place Items on Sidewalks. Outdoor storage, as defined by this Ordinance, shall be consistent with the standards as set forth in section 6.4 D: Screening of Equipment, Vehicles, Outdoor Storage, and Similar Uses. Outdoor merchandise sales shall be consistent with the following standards:
  1. Merchandise display shall not create a hazard to pedestrians or encroach on a required building exit.
  2. Driveways and required onsite parking spaces shall not be used for outdoor merchandise sales or storage.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024