The jurisdiction of extraterritorial zoning at the time of original adoption of the ordinance from which this article is derived includes all those parts of Sections 20, 21, 22, 23, 26, 29, 32, 33, 34 and 35 of Township 34 North of Range 12 West, being in the Town of Barron, Barron County, Wisconsin, and outside of the corporate limits of the city and as amended pursuant to state law.

(Code 1991, § 13-4-2)

(a)

In unsubdivided property, unless otherwise indicated on the extraterritorial zoning map, the district boundary lines are the centerlines of streets, highways, railroads, section lines or quarter-section lines or such lines extended. Where otherwise indicated on the map, it is intended that the district boundary line be measured at right angles to the nearest highway right-of-way line and be not less than 300 feet in depth, provided, however, that wherever a business district is indicated on the extraterritorial zoning map as a strip paralleling the highway, the depth of such strip, unless otherwise indicated, shall be 300 feet measured at right angles to the right-of-way line of the street or highway to which it is adjacent unless a different depth is shown on the map. The length of each strip shall be shown on the map.

(b)

Where land has been subdivided and divided and district boundary lines are indicated as adjacent and parallel or approximately parallel to street lines, such district boundary lines shall be assumed to be the rear lines of the lots abutting such streets.

(c)

Where uncertainty exists with respect to the boundaries of the various district shown on the map accompanying and made a part of this article, such boundaries shall be determined by use of the scale contained on such map.

(Code 1991, § 13-4-31)

It is not intended by this article to interfere with or abrogate or annul any existing easements, covenants, or other agreements between parties, nor is it intended by this article to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinance or any rules, regulations or permits previously adopted, or issued, or which shall be adopted or issued pursuant to law, relating to the use of buildings or premises; provided, however, that where this article imposes a greater restriction upon the use of buildings or premises than is imposed or required by such existing provisions of law, ordinance or by such rules, regulations, agreements, covenants, or permits, the provisions of this article shall control.

(Code 1991, § 13-4-32)

(a)

Setbacks. For the purpose of determining the distance buildings and other structures shall be set back from streets and highways, the streets and highways of the extraterritorial district described herein are divided into the following classes:

(1)

Class A highways.

a.

All state and federal highways are hereby designated as Class A highways.

b.

The setback from Class A highways shall be 125 feet from the right-of-way line of the highway, provided that any building constructed to a lesser setback requirement in accordance with zoning regulations in effect prior to the adoption of the ordinance from which this article is derived shall not be deemed nonconforming as to setback, but no addition to any such building shall extend within 40 feet of the right-of-way line of the highway.

c.

Service roads to Class A highways distant 100 feet from the center of the highways shall be considered as Class C highways for the purpose of determining the setback along the service roads.

(2)

Class B highways.

a.

All county trunks are hereby designated as Class B highways. For the purpose of this article, any road will be considered as a county trunk after it has been placed on the county trunk system of the county board and approved by the state highway commission.

b.

The setback from Class B highways shall be 75 feet from the right-of-way line.

(3)

Class C highways.

a.

All town roads are hereby designated Class C highways.

b.

The setback from Class C highways shall be 83 feet from the centerline of the highway or 50 feet from the right-of-way line, whichever is greater.

(b)

Right-of-way modifications.

(1)

A taking or purchase of land for highway purposes along any highway which changes the setback line shall not render nonconforming as to setback any property abutting such highway which was improved prior to such taking or purchase. This regulation shall apply to the principal building on such property and to any accessory building having a permanent foundation and a ground floor area of 600 square feet or more; provided that no addition to any such building shall extend closer to the highway than the building of which it is a part.

(2)

The setback lines along intersecting highways, as established and as modified by other regulations of this section, shall not be changed because of the acquisition of land at such intersection by any governmental agency, when such land shall have been acquired for vision clearance purposes only.

(c)

Reduced setbacks. Reduced setbacks may be permitted where there is at least one building on either side of the applicant's proposed building site within 200 feet of the proposed site. The reduced setback shall not be less than the average of the setbacks of the existing main buildings where there is at least one building on each side of the proposed site. Where there is only one existing main building, the setback shall not be less than the average of the setback of the existing building and the required setback.

(d)

Vision clearance triangle.

(1)

There shall be a vision clearance triangle in each quadrant of all intersections of highways or streets with other highways or streets and of highways or streets with railroads. Such vision clearance triangle shall be bounded by the highway, street or railroad right-of-way lines and a vision clearance setback line connecting points on each right-of-way line which are located a distance back from the intersection of the right-of-way lines equal to twice the setback required on the intersecting highway or street. In the case of railroads, the setback for the purposes of this subsection shall be considered to be 100 feet from the centerline of the right-of-way. In addition, the following special rules shall apply:

a.

At highway intersections with transitional widening, such transitional widening shall be considered as additional width and the setback line on the side of highway which is widened shall be increased by an amount equal to the width of such transitional widening.

b.

At highway intersections with curve connections, the pavement or surfacing on the curve shall be classified as provided in subsection (a)(1) and (2) of this section and the setback along the curve determined accordingly. The vision clearance triangle required by this subsection shall be computed as if the highways intersect without the curve connection and whichever line provides the greater vision clearance opening shall prevail.

(2)

Within a vision clearance triangle, no structure or object of natural growth shall be constructed, maintained or permitted to grow between a height of 2½ feet and ten feet above the elevation of the street or highway grade at the centerline, or the top of the curb if there be a curb. This regulation shall not apply to the trunks of trees, posts not over six inches square in diameter, retaining walls used to support ground at or below its natural level, or wire fences so designed and constructed as to constitute a substantial obstruction to the view of motorists and pedestrians across the vision clearance opening from one highway or street to another.

(e)

Structures permitted within setback lines.

(1)

Open fences.

(2)

Telephone, telegraph and power transmission and distribution towers, poles and lines, transformers, substations, repeater stations and similar necessary mechanical appurtenances and portable equipment housings that are readily removable in their entirety, microwave radio relay towers and appurtenances; underground utility lines and other underground structures not capable of being used as foundations for future prohibited overground structures, wells and septic tanks or other means of private sanitary waste disposal. Additions to and replacements of all such structures may be made, provided the owner will file, with the city clerk, an agreement in writing to the effect that the owner will remove all new construction, additions and replacements erected after the adoption of the ordinance from which this article is derived at his expense when necessary for the improvement of the highway.

(3)

Access or service highways constructed according to plans approved by the common council.

(4)

Parking lots, provided such parking does not fall within a vision clearance triangle.

(5)

This section shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees, except as these may be restricted within a vision clearance triangle by the provisions of subsection (d) of this section.

(f)

Structures prohibited within setback lines. No new building, new sign or part thereof shall be placed between the setback lines established by this article and the highway except as provided by this article, and no building, sign or structure or part thereof existing within such setback lines on the effective date of the ordinance from which this article is derived shall be altered or enlarged in any way that increases or prolongs the permanency there, or be reconstructed in its original existing location after having been destroyed by fire, storm or other catastrophe to the extent of 50 percent or more of its current value as determined by the procedure set forth in section 56-548(d), relating to nonconforming uses, unless such alteration, enlargement or reconstruction shall have been ordered by the board of appeals after public hearing and a view of the premises.

(Code 1991, § 13-4-33)

(a)

No junk or salvage yard shall be located within 1,000 feet of the boundary of a residential or business district; and no operation in connection with such business shall be carried on within 150 feet of any street, road or highway right-of-way line.

(b)

Every such junk or salvage yard shall be surrounded by a suitable fence, not less than six feet in height, and having no openings more than two inches in width except for necessary entrances and exits. All junk and salvage material shall be kept within such fence, but not piled against it. Such fence shall at all times be kept in a proper state of repair.

(c)

No junk or salvage yard shall be located within 1,000 feet of any residence other than that of the owner of the yard.

(Code 1991, § 13-4-34)

Except as otherwise provided in this article, signs shall be located in the following manner; provided that every part of any such sign shall be separated from the lot line of adjoining residences (except residences which are an integral part of commercial buildings) by a distance equal to the height of the sign:

(1)

Residence District A and Residence District B districts: In Residence District A and Residence District B districts no signs are allowed other than those authorized under section 56-226.

(2)

Agricultural District:

a.

Signs used exclusively to advertise farm products for sale on the premises. Such signs shall not be more than eight square feet in area, there shall not be more than one such sign in either direction along any one highway on any one premises; no such sign shall be placed more than one-half mile away from the point of sale of the products advertised and such signs may be placed not less than five feet outside the right-of-way line of the highway.

b.

Signs giving the name of a farm or the farm owner, or farm directory signs. No such sign shall exceed eight square feet for a sign containing one name, plus one additional square foot for each additional name, but not to exceed 15 square feet in any case. There shall not be more than one name sign for any one farm, nor more than one directory sign at any one highway or street intersection, and such signs may be placed not less than five feet outside the right-of-way line of the highway.

(3)

Highway Interchange District: The Highway Interchange District shall follow the sign regulations set forth in section 56-229(c).

(4)

General Business District and Industrial District: The General Business District and Industrial District shall follow sign regulations set forth in section 56-229(d).

(5)

Provided further that no sign shall be erected or hung so as to project into the vision clearance triangle established by the regulations of section 56-757 except that a sign may be attached to a building standing within such triangle on the effective date of the ordinance from which this article is derived, when such sign is so attached or hung as not to project into such vision clearance triangle.

(Code 1991, § 13-4-15; Ord. No. 2018-01, § I, 2-13-2018)

(a)

No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this article, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located.

(b)

Any lot or parcel shown on a recorded subdivision, plat or assessor's plat, or conveyance and recorded in the Office of the Register of Deeds for Barron County prior to the initial adoption of the extraterritorial zoning ordinance for the city on April 26, 1972, may be used as a building site, or for any purpose permitted by this article, even though such lot or parcel does not conform to the minimum frontage or area requirements of the district in which it is located; provided, however, that no multiple-family dwelling, or residential unit in combination with some other use, shall be erected, moved, structurally altered or converted in use on any lot having a width of less than 65 feet and 10,000 square feet, except by special permit from the board of appeals.

(c)

Any lot or parcel shown on a recorded subdivision, plat or assessor's plat or conveyance and recorded in the Office of the Register of Deeds of Barron County prior to the adoption of the ordinance from which this article is derived, may be increased in size by the addition of all or part of the adjoining lots or parcels, and such resulting lots or parcels may be used for any purpose permitted in the district in which they are located even though by such addition such lots or parcels do not reach the minimum area or frontage required in such district; provided, however, that subsequent to such addition, the side yard, open space and percentage of occupancy provisions for lots of the resulting size shall apply; and provided, further, that after buildings have been erected on such lots or parcels, their area or width shall not hereafter be reduced, except in conformity with the provisions of this article.

(Code 1991, § 13-4-16)

(a)

Except as otherwise provided in this article, the height of any building hereafter erected, converted, enlarged or structurally altered shall be in compliance with the regulations established herein for the district in which such building is located.

(b)

A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the mean level of the adjoining ground is more than five feet.

(c)

Churches, schools, hospitals, sanatoriums and other public and quasi-public buildings may be erected to a height not exceeding 60 feet, provided the front, side and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.

(d)

Farm buildings and structures not for human habitation, ornamental structures, radio and television broadcasting and receiving towers, telephone, telegraph and power transmission poles, towers and lines, microwave radio relay structures and necessary mechanical appurtenances, and accessory structures essential to the use or protection of a building or to a manufacturing process carried on therein, are hereby exempted from the height regulations of this chapter and may be erected in accordance with other regulations or ordinances of the city; provided that such structure which is accessory to a building in a Residence District, or to a building on a lot in an Agricultural District which adjoins a residential lot and is not separated therefrom by a street or alley, shall be located not less than 25 feet from any lot line.

(e)

Residences may be increased in height by not more than ten feet when all yards and other required open spaces are increased by one foot for each foot by which such building exceeds the height limit of the district in which it is located.

(f)

Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.

(g)

On through lots which extend from street to street the height of the main building may be measured from the mean elevation of the finished grade along the end of the building facing either street.

(Code 1991, § 13-4-17)

(a)

No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this article shall be included as part of a yard or other open space required for another building.

(b)

Except as otherwise provided in this article, any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.

(c)

Buildings on through lots and extending from street to street may waive the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets be complied with; and provided further that no accessory building shall extend within the setback line and either street.

(d)

Every part of a required yard shall be open and unoccupied by any structure from the ground upward, except as follows:

(1)

Detached accessory buildings may be located in the rear yard, or in the side yard of a main building, provided an additional side yard, equal to that otherwise required for the main building, is provided.

(2)

Sills, belt courses, cornices, canopies, eaves and ornamental architectural features may project into a required yard not more than 30 inches; provided that no such feature shall project over a street line.

(3)

Bay windows, balconies and chimneys may project into a required yard not more than three feet in any case, but not more than 20 percent of the width of any side yard which does not abut on a street; provided that the total length of such projections is not more than one-third of the length of the building wall on which they are located.

(4)

Fire escapes may project into a required yard not more than five feet in any case, but not more than 20 percent of the width of any side yard which does not abut on a street; provided that no such fire escape need be less than three feet in width.

(5)

Uncovered steps and landings may project into a required yard not more than six feet in any case but not more than 20 percent of the width of any side yard which does not abut on a street; provided that no such steps or landings shall extend above the main or entrance floor, except for a railing not more than three feet in height.

(6)

Platforms, terraces, walks and drives extending not more than six inches above the average ground level at their margins, and retaining walls when the top of such walls is not more than six inches above the average level of abutting ground on one side, may be located in any yard.

(7)

Fences, hedges and walls, other than retaining walls, may be located as follows:

a.

Fences and walls having a ratio of solid part to open part greater than one to two and more than six feet in height shall be considered as buildings, and the appropriate requirements of this article shall be applied accordingly.

b.

Fences, walls, and hedges shall not exceed 4½ feet in height when located in a side yard other than the street side yard of a corner lot, or when located in a rear yard and more than 25 feet from the rear lot line; but this regulation shall not be construed to govern the location or height of windbreaks on operating farms; provided that no such windbreak shall be located within 50 feet of the nearest line of an adjoining residential lot.

c.

Fences, walls and hedges shall not exceed 3½ feet in height when located in a front yard or in the street side yard of a corner lot.

d.

Fences, walls and hedges shall not exceed 2½ feet in height when located within a vision clearance triangle, except for retaining walls used to hold ground at or below its natural level, and fences so designed and constructed as not to constitute a substantial obstruction to the view of the motorists and pedestrians across the vision clearance opening from one street to another.

(Code 1991, § 13-4-18)

(a)

In any Business or Industrial District, wherever a lot abuts upon a public or private alley, sufficient loading space shall be provided on the lot or on property adjacent thereto in connection with any business or industrial use so that the alley shall at all times be free and unobstructed to the passage of traffic.

(b)

One off-street parking space shall be 12 feet wide and 288 square feet in area, exclusive of adequate ingress and egress driveways to connect with a public thoroughfare. A single stall garage, or one stall in a multiple stall garage, may replace any single required parking space.

(c)

No building for which off-street parking space is required may be added to, structurally altered or converted in use so as to encroach upon or reduce the parking space below the required minimum.

(d)

No parking space required under this article may be used for any other purpose; provided, however, that open spaces required by this article for setback and side yards may be used for such parking spaces or approaches thereto, unless otherwise prohibited by this article, except that on corner lots there shall be no parking in a vision clearance triangle.

(e)

All parking spaces shall be graded and drained so as to prevent the accumulation of surface water.

(f)

Parking lots containing ten or more parking spaces which are located in the Residence District or adjoin residential lots shall be screened along the side or sides of such lots which abut the lot lines of residential lots by a solid wall, solid fence, evergreen planting of equivalent capacity or other equally effective means, built or maintained at a minimum height of four feet. If parking lots so located are lighted, the lights shall be so shielded as to prevent undesirable glare or illumination of adjoining residential property.

(g)

Parking spaces required.

(1)

Multiple-family dwellings shall provide one off-street parking space for each family for which accommodations are provided in the building, plus one.

(2)

Convalescent homes, nursing homes, rest homes and retirement homes shall provide not less than one off-street parking space for each three patients, clients or guests which the building or institution is designed to accommodate, plus not less than one additional such space for each two persons employed on the premises.

(3)

Roadside stands shall provide not less than three parking spaces at the place of business off the right-of-way of the highway.

(4)

Establishments offering service to customers who remain in their vehicles shall provide at least five off-street parking spaces for each person engaged in serving such customers.

(5)

Retail or local business places, bank offices and professional offices and personal service shops shall provide at least one off-street parking space for each 300 square feet of ground floor area, plus at least one additional such space for each 500 square feet of upper floor area.

(6)

Buildings combining business and residential use shall provide at least one off-street parking space for each 300 square feet of area devoted to business use, plus at least one additional such space for each family for such accommodations as are provided on the premises.

(7)

Theaters, churches, auditoriums, lodges or fraternity halls and similar places of public assembly shall provide at least one off-street parking space for each seven seats.

(8)

Motels, lodginghouses and dormitories shall provide at least one off-street parking space for each guestroom.

(9)

Restaurants, taverns and similar places for eating and refreshment, except curb service establishments, shall provide at least one off-street parking space for each 50 square feet of floor space devoted to the use of patrons.

(10)

Funeral homes and mortuaries shall provide at least one off-street parking space for each 50 square feet of floor space devoted to parlors.

(11)

Bowling alleys shall provide at least five off-street parking spaces for each alley.

(12)

Garages and service stations shall provide adequate off-street parking space to prevent the parking of vehicles waiting to be serviced or repaired on the public street or highway.

(13)

Industrial uses shall provide at least one off-street parking space for each four employees on the premises at any one time, plus at least one additional such space for each vehicle operated in connection with such use, for which parking off the premises is required.

(Code 1991, § 13-4-19)

(a)

In order to regulate and restrict the location of trades and industry and the location of buildings designed for specified uses, and to regulate and limit the bulk of buildings hereafter erected or altered; to regulate and determine the area of open spaces surrounding buildings; to regulate and limit the density of population; and for the purpose of promoting the public health, safety and general welfare, those areas within the city's extraterritorial zoning jurisdiction are hereby divided into seven districts, namely:

(1)

Residence District A.

(2)

Residence District B.

(3)

Agricultural District.

(4)

Conservancy District.

(5)

Highway Interchange District.

(6)

General Business District.

(7)

Industrial District.

(b)

The boundaries of these seven districts are shown upon a map designated as the extraterritorial zoning map of the city and which is dated 1971, as amended, and made a part of this article. All notations, references, amendments and other information shown upon the extraterritorial zoning map shall be as much a part of this article as if the matter and things set forth by the the map were fully described herein.

(c)

The zoning map referred to in subsection (b) of this section is on file and display in the office of the city clerk, at the city hall, Barron, Wisconsin.

(Code 1991, § 13-4-20)

(a)

Use. In the Residence District A, no building or premises shall be used and no building shall hereafter be erected, moved or structurally altered, unless otherwise provided in this article, except for one or more of the following specified uses:

(1)

Single-family dwellings.

(2)

Churches, public and parochial schools.

(3)

Municipal buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road buildings or maintenance machinery.

(4)

Parks, playgrounds, swimming pools, tennis courts and bathing beaches.

a.

All swimming pools shall be enclosed with fencing no less than four feet in height constructed of two-inch mesh, nine gauge fabric with top rail, two-inch vertical opening or such other construction as will be difficult to climb; provided further that all accesses to the pool area shall only be keyed locks or through an enclosed building.

b.

No yard shall be less than 25 feet wide; except that no such yards need be provided adjacent to the fairways and greens of golf courses.

c.

Off-street parking shall be provided, on the premises of each park or playground, but not in any yard established under the above regulations, equal to not less than one parking space for each four persons which the park or playground is designed or intended to accommodate.

d.

The above regulations shall be mandatory as applied to any park or playground established in the extraterritorial zoning area of the city.

(5)

Household pets, including animals or fowl ordinarily permitted in the house or kept for company or pleasure, such as dogs, cats, canaries, rabbits, mice and the like; provided that not more than two mature animals of any one kind are kept on any one premises unless permanently penned, and not more than four of any one kind if so penned; and provided further that no animals, fowl, or pets are bred and reared on such premises for commercial purposes or sold therefrom.

(6)

Domestic animals and fowl, except hogs, for family food production only and not more than two saddle horses, including the offspring of such horses up to ten months of age providing the parcel contains five acres or more, provided that buildings in which any such animals or fowl are kept shall be distant no less than 100 feet from the nearest lot line of any adjoining residential lot; and provided further that the killing or dressing of such animals or fowl shall take place only within a completely enclosed building.

(7)

Accessory buildings, including private garages and buildings clearly incidental to the residential use of the property; provided, however, that no accessory building may be used as a separate dwelling unit.

(8)

Gardening and farming, including nurseries and greenhouses for the propagation of plants only, but excepting farms operated for the disposal of sewage, rubbish or offal, fur farms, stock farms and poultry farms.

(9)

Telephone exchanges, provided there be no service garage or storage yard. Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures, such as transformers, unit substations, and equipment housings. This regulation, however, shall not include microwave radio relay structures unless and until the location thereof shall first have been approved by the board of appeals.

(10)

Home occupations, when such occupation is incidental to the residential use of the premises, and does not involve any external alteration that would affect a substantial change in the residential character of the building.

(11)

Professional offices, when such office is conducted solely by a member or members of the resident family entirely within the residence and incidental to the residential use of the premises; provided further that there shall be no external alterations that would affect a substantial change in the residential character of the building.

(12)

Golf course.

(13)

Railroad right-of-way and necessary appurtenant structures, not including switching or classification yards.

(14)

Signs as follows:

a.

Not more than two directory signs, which must be placed in relation to the right-of-way line as shown in section 56-759.

b.

To advertise a customary home occupation or professional office provided that such sign shall be attached to the building, shall not exceed six square feet in gross area, and shall be illuminated only if the source of the illumination is placed between the sign and the building.

c.

To advertise the sale, rent, lease or trade of the property on which the sign is placed, provided that such sign shall not exceed six square feet in gross area, except in subdivisions or unplatted lands newly opened for sale, or subdivisions or unplatted lands where the density of construction does not exceed an average of one building for each 200 feet of frontage, such latter sign shall not exceed 100 square feet in gross area. Also, not more than two for sale, rent, lease or trade signs may be erected within one mile of such new subdivision; each such sign shall not exceed 100 square feet in gross area and must be placed in relation to the right-of-way line as shown in section 56-759.

d.

To advertise that the site on which the sign is placed is the location of a future church, school, library, or club which must be placed at least 50 feet outside the right-of-way line of the highway and shall not exceed 20 square feet in area.

e.

Tablet, inscription, emblem or bulletin board for churches, schools, clubs, hospitals, religious or charitable institutions, which must be placed at least five feet outside the right-of-way line of the highway.

(b)

Lot area. Buildings or parts of buildings hereafter erected or structurally altered for single-family dwelling purposes shall provide a lot area of not less than 20,000 square feet and no such lot shall be less than 100 feet wide; provided that where the regulations of the state board of health require a larger lot area, such regulations shall govern.

(c)

Height. No building shall be more than 25 feet in height. See section 56-761.

(d)

Side yards. There shall be a side yard on each side of a building. For single-family dwellings, the aggregate width of the side yard shall not be less than 25 feet and no single side yard shall be less than ten feet wide.

(e)

Rear yard. There shall be a rear yard of not less than 25 feet in depth.

(f)

Highway setback lines. See section 56-757.

(Code 1991, § 13-4-21)

(a)

Use. In the Residence District B, no building or premises shall be used and no building shall hereafter be erected, moved, or structurally altered, unless otherwise provided in this article, except for one or more of the following specified uses:

(1)

Any use permitted in Residence District A.

(2)

Multiple-family dwellings.

(3)

Private clubs and fraternities, except those whose principal activity is a service customarily carried on as a business.

(4)

Convalescent homes, nursing homes, rest homes, retirement homes; provided that for any such establishment having up to ten rooms for patients, clients or guests there shall be a lot area of not less than 40,000 square feet and all required yards except the front yard shall be not less than two times the width or depth otherwise required by this section for residential buildings of equal height; provided further, that for each five such rooms in addition to the first ten, the lot area shall be increased by 10,000 square feet, but in no case shall a lot area of more than 100,000 square feet be required, and for each five such rooms in addition to the first ten, each required yard except for the front yard shall be increased in width or depth by five feet, but in no case shall a yard width or depth greater than 50 feet be required by this regulation.

(b)

Conditional uses. The following uses are permitted upon issuance of a conditional use permit. Unless a greater distance is specified, any structure shall be at least 100 feet from a residence other than that of the owner of the establishment, his agent, or employee; 75 feet from a residential property line; and 25 feet from any side lot line:

(1)

Hotels, resorts (including two or more seasonable single-family dwellings for rent or lease), motels, restaurants, dinner clubs, taverns and other private clubs.

(2)

Institutions of philanthropic or educational nature.

(3)

Recreational camps and campgrounds provided all buildings shall be more than 100 feet from the side lot line. Recreational camps shall conform to Wis. Admin. Code ch. H 75; mobile home parks shall conform to Wis. Admin. Code ch. H 77; and campgrounds shall conform to Wis. Admin. Code ch. H 78; which shall apply until amended and then apply as amended.

(4)

Gift and specialty shops customarily found in recreational areas.

(5)

Marinas, boat liveries, sale of bait, fishing equipment, boats and motors, fish farms, forest industries.

(6)

Mobile home parks, provided:

a.

The minimum size of a mobile home park shall be five acres.

b.

The maximum number of mobile homes shall be ten per acre.

c.

Minimum dimensions of a mobile home site shall be 50 feet wide by 100 feet long.

d.

All drives, parking areas, and walkways shall be hard surfaced or crushed rock, well-drained.

e.

In addition to the requirements of the Barron County Shoreland Ordinance, there shall be a minimum setback of 40 feet from all other exterior lot lines.

f.

The parks shall conform to the requirements of Wis. Admin. Code ch. H 77, which shall apply until amended and then apply as amended.

g.

No mobile home site shall be rented for a period of less than 30 days.

h.

Each mobile home site shall be separated from other mobile home sites by a yard not less than 15 feet wide.

i.

There shall be two surfaced automobile parking spaces for each mobile home.

j.

Unless adequately screened by existing vegetative cover, the mobile home park shall be screened by: A temporary planting of fast growing material, capable of reaching a height of 15 feet or more, the individual trees to be such a number and so arranged that within ten years they will have formed a screen equivalent in capacity to a solid fence or wall. Such permanent planting shall be grown or maintained to a height of not less than 15 feet.

k.

The mobile home park site does not possess any of the physical limitations enumerated for land subdivisions in the Barron County Shoreland Ordinance.

l.

Any mobile home site shall not have an individual on-site soil absorption sewage disposal system unless it meets the minimum lot size specifications as stated in the Barron County Shoreland Ordinance.

(7)

Travel trailer parks, provided:

a.

The minimum size of a travel trailer park shall be 2½ acres.

b.

The maximum number of travel trailers shall be 15 per acre.

c.

Minimum dimensions of a travel trailer site shall be 25 feet wide by 40 feet long.

d.

Each travel trailer site shall be separated from other travel trailer sites by a yard not less than 15 feet wide.

e.

There shall be 1½ automobile parking spaces for each trailer site.

f.

In addition to the requirements of the Barron County Shoreland Ordinance, there shall be a minimum setback of 40 feet from all other exterior lot lines.

g.

It shall conform to the requirements of Wis. Admin. Code ch. H 78, which shall apply until amended and then apply as amended.

h.

The screening provisions for mobile home parks are met.

i.

The travel trailer park site does not possess any of the physical limitations enumerated for land subdivision in the Barron County Shoreland Ordinance.

(c)

Lot area. That building or parts of buildings hereafter erected or structurally altered for multiple dwelling purposes shall provide a lot area of not less than 12,000 square feet per family; provided that when the regulations of the state board of health require a larger lot area, such regulations shall govern.

(d)

Height. Buildings or parts of buildings designed or intended to accommodate not more than four families shall not exceed the height limitations imposed by the regulations of section 56-796. Buildings or parts of buildings designed or intended to accommodate more than four families may exceed such height limitations by not more than ten feet when all required yards and open spaces except the front yard are increased by at least one foot for each foot by which such buildings exceed the height limitation otherwise imposed by this section.

(e)

Side yards. The side yard requirements for the Residence District B shall be the same as those required under section 56-796, except as such side yards are required to be increased by the height regulations of this section.

(f)

Rear yard. The rear yard requirement for Residence District B shall be the same as that required under section 56-796, except as such rear yard is required to be increased by the height regulations of this section.

(g)

Highway setback lines. See section 56-757.

(h)

Off-street parking. See section 56-763.

(Code 1991, § 13-4-22)

(a)

Statement of purpose.

(1)

The Agricultural District is created to protect areas where agricultural production is the dominant land use and where a continuation of such use is in the interest of the farm operators and beneficial to the interests of the general public in terms of production of food and fiber and environmental quality. Except for continuation of pre-existing uses, this district will allow very few non-agricultural uses or development. This policy is intended to avoid the conflicts which occur when farm and non-farm users are mixed and to reduce the adverse pressures upon farming caused by speculative land values and consequent increases in property taxes on farmlands.

(2)

A limited number of agricultural or agriculturally related uses are treated as special exceptions in this district because of potential problems of pollution or land use conflicts.

(b)

Permitted uses.

(1)

Farming uses.

a.

Dairying.

b.

Beekeeping.

c.

Floriculture.

d.

Forest management.

e.

Game management.

f.

Grazing.

g.

Greenhouse, nurseries.

h.

Livestock raising and feedlots, except those feedlots listed as special exceptions in subsection (c) of this section.

i.

Orchards.

j.

Repealed.

k.

Raising of grain, grass, mint or seed crops.

l.

Raising of the tree fruits, nuts and berries.

m.

Roadside stands, selling only produce from the parcel and operated by the family only.

n.

Sawmills, temporary and short-term.

o.

Sod farming.

p.

Vegetable raising except vegetable raising operations which employ mechanized irrigation techniques.

(2)

Housing uses.

a.

Farm Residences. Use as a "farm residence" as defined under Wis. Stat. § 91.01(19). The definition of "farm residence" under Wis. Stat. § 91.01(19) is incorporated by reference as if more fully set forth herein.

b.

Residential occupancy of existing residences, which were originally used for farm-related housing but which are no longer needed for farm-related housing. "Existing Residences" shall be defined as those residences, regardless of occupancy, existing as of January 1, 2014, or which otherwise comply with the requirements of Wis. Admin. Code § ATCP 49.22(1).

c.

Garages and other similar structures or uses accessory to the housing uses permitted above, or to other housing uses permitted by special exception.

(3)

Other uses. "Other uses" shall be those uses permitted under Wis. Stat. § 91.44(1)(f), which includes a transportation, utility, communication, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use. "Other uses" shall also include those use which may be allowed as a conditional use under Wis. Stat. § 91.46(4), the provisions of which are incorporated by reference as if more fully set forth herein.

(c)

Conditional uses.

(1)

Agriculturally related uses.

a.

Animal waste storage systems when permanent and when located within 500 feet of the residence of someone other than the owner of the system. Such systems shall, in all instances, be constructed according to technical standards of the Barron County Soil and Water Conservation District.

b.

Commercial egg production and commercial processing of poultry products.

c.

Repealed.

d.

Repealed.

e.

Livestock sale barns.

f.

Repealed.

g.

Vegetable raising operations which employ mechanized irrigation techniques.

h.

Veterinary services and animal hospitals. Veterinary services facilities and animal hospital facilities must primarily provide services to livestock.

i.

Agricultural related supply, manufacturing, warehousing, and marketing uses.

j.

Stables.

k.

Mineral extractions: Type I and Type II, governmental only. Any mineral extractions must otherwise be consistent with, and otherwise comply with the provisions of Wis. Stat. § 91.46(6).

l.

Slaughterhouses.

(2)

Farm-related housing uses. Dwelling units, including mobile homes, exceeding one per farm operation which are accessory to a farm operation and are occupied by persons connected with the farm operation, or by parents or children of the farm operator.

(3)

Other uses.

a.

Governmental and institutional uses. "Governmental and institutional uses" under this sub-section must meet with, and otherwise comply with, the provisions of Wis. Stat. § 91.46(5), the provisions of which are incorporated herein by reference as if more fully set forth.

b.

Churches and other religious uses and facilities. "Churches and other religious uses" under this sub-section must meet with, and otherwise comply with, the provisions of Wis. Stat. § 91.46(5), the provisions of which are incorporated herein by reference as if more fully set forth.

c.

Electrical power generation facilities, electrical and natural gas distribution facilities of a non-local service nature, facilities for storage or conversion of petroleum fuel and similar utility uses for non-local service nature. Uses under this sub-section must meet with, and otherwise comply with, the provisions of Wis. Stat. § 91.46(4) relating to transportation, communications, pipeline, electric transmission, utility, and/or drainage, the provisions of which are incorporated herein by reference as if more fully set forth.

d.

Agricultural-related uses similar to those listed in subsection (c)(1) of this section.

(d)

Dimensional rules and other standards.

(1)

Residential lot and yard sizes.

a.

Where a dwelling is to be established under subsection (c)(2) of this section on a parcel which is separate from that of the farm tract or of the parcel on which another dwelling unit exists, the parcel shall comply with the minimum lot size, width and yard size standards of section 56-796.

b.

Where such a dwelling is to be established without creation of a separate parcel, such unit shall be located no closer than 25 feet from any other dwelling.

(2)

Farm parcel size. The minimum parcel size to establish a farm operation or a residence, except as provided in subsection (d)(1) of this section, shall be 40 acres or a quarter-quarter section, but in no case less than 25 acres.

(3)

Height limits. Building or parts of buildings used for human habitation shall comply with the height requirements of section 56-796.

(4)

Sewage systems and water supply. Each residential unit shall have its own sanitary waste disposal systems meeting the standards of the state plumbing code and the county sanitary ordinance; provided, however, that sharing of these facilities by two or more dwellings on a single farm may be allowed on a temporary basis with approval of the state division of health.

(5)

Standards for conditional uses.

a.

In deciding applications for special exception uses listed under subsection (c) of this section, the board of appeals shall consider the effect which the proposed use would have upon agricultural operations in the vicinity of the proposed use. Impacts which would be harmful to agriculture in the area may be the basis for rejection of the proposed special exception use or may be the basis for conditions attached to approval which are designed to reduce such adverse impacts. Impacts which are compatible with agriculture in the area may be the basis for approval. The board of appeals shall also consider whether other locations, less threatening to continued farming of good agricultural lands, might be available for the proposed use and the strength of the reasons offered by the applicant in support of the site in question.

b.

In deciding applications for conditional uses under subsection (c) of this section, the board of appeals shall determine that the proposed additional dwelling unit is necessary to accommodate persons connected with the farm operation defined in subsection (e)(2) of this section. When there is doubt as to whether the need for the additional dwelling will be of long term nature, the board shall encourage and may require removal of such unit when there is no longer a need for it to be occupied by persons connected with the farm operation. In the event that a permanent dwelling is approved under subsection (c) of this section, the board shall require that a covenant be created and recorded under which a legal survey description is required to be created and recorded for the parcel on which the dwelling unit is located, for the purpose of clarifying land title and tax description when the occupancy of the dwelling unit changes, such that the unit is no longer occupied by persons connected with the farm operation. Provided, however, that if the applicant requests permission to establish a mobile home, the conditional use review shall be conducted and decided by the city building inspector on behalf of the board of appeals. The decision of the city building inspector may be appealed to the board of appeals. The conditional use fee and hearing shall be waived unless such an appeal is taken.

c.

In deciding applications for conditional use permits to establish irrigated vegetable cropping, the board may request necessary studies of potential effects of such operations upon groundwater and surface water (quantity and quality of such waters), erosion potentials and risks inherent in use of chemicals, and shall share such information with affected landowners and agencies before reaching a decision on the application. The board may require that the applicant make arrangements for reaching settlement with landowners or agencies which may be affected by the operation.

d.

Cross-referenced standards for other special exception uses: mineral extractions: See subsection (f) of this section.

(e)

Standards of rezoning from agricultural lands district.

(1)

Decisions on petitions for rezonings of areas in the amended agricultural lands district to other districts shall consider the following:

a.

Availability of adequate public facilities to serve the proposed land use change.

b.

Reasonableness of the burdens on local government of providing the needed services.

c.

Suitability of the land for development.

d.

Prospects that the development may cause unreasonable air or water pollution, soil erosion, or adverse effects on valued natural areas.

e.

For those rezonings of land out of the farmland preservation zoning district, the rezoning standards of Wis. Stat. §§ 91.48(1) and (2) shall apply, and those provisions are incorporated herein by reference as if more fully set forth herein.

f.

A report of the number of acres that the city has rezoned out of the farmland preservation zoning district shall be provided to the department of agriculture, trade and consumer protection by March 1 of each year, and shall provide along with said report a map clearly showing the location of those acres rezoned out of the farmland preservation zoning district, as required by Wis. Stat. § 91.48(2).

(2)

"Persons connected with the farm operation" are persons who earn a substantial part of their livelihood from the farm operation or who contribute work which is substantially necessary to farm operations. "Parents of the farm operator" includes parents, parents-in-law and stepparents of such operator. The term "substantial part of their livelihood" shall be defined to be any person who earns more than 50 percent of his or her gross income from operation of, or employment at, the farm.

(f)

Rules and standards for mineral uses (governmental only).

(1)

Type I mineral extractions: Permit requirements. A land use permit shall be required to be obtained by any governmental unit wishing to continue or establish legal operation of a Type I mineral extraction. The application shall be the basis to establish the eligibility of the site or operation as a Type I extraction. In the case of pre-existing extractions, an approved permit shall allow extractions to continue to the extent achievable under the ownership or control rights of the applicant within the bounds of the deposit being extracted and all processing activities regularly associated with such extraction. In the case of limited, short-term extractions, an approved permit shall allow extractions up to one year in duration and one acre in area.

(2)

Type I mineral extractions: Standards for issuance of land use permits.

a.

Land use permits shall be issued, as provided above, if the application shows that the existing or proposed operation satisfies the definitions of a Type I mineral extraction and if a Type I mineral extraction is a permitted use in the zoning district where the site is located.

b.

Type I mineral extractions for which land use permits are issued shall be subject to these additional standards and conditions:

1.

Asphalt mixing plants shall be located not less than 1,000 feet from any residence other than that of the permit holder; hot mix plants shall conform to state or pollution standards.

2.

The operation shall be conducted so as to minimize, insofar as practicable, the production of noise, vibration or dust which is hazardous or substantially annoying to persons located off the premises.

3.

All parts of a mineral extraction operation at which there is an excavation of ten feet or more in depth shall have a perimeter slope which is no steeper than two feet horizontal to one foot vertical.

4.

When extractions are discontinued all machinery and equipment which exists incidental to the operation shall be removed; the excavation shall be drained if necessary and if it is possible to do so by removing obstructions to natural drainage so that water will not collect therein; all banks or cuts not in rock shall be sloped at an angle not steeper than one and one-half foot horizontal to one foot vertical; pit or quarry bottoms shall be left in a generally level condition; excess boulders, rocks, stones or other unusable material shall be buried; and scrap machinery and similar debris shall be removed. These reclamation activities shall be completed within three months of the date of discontinuance.

(3)

Type II mineral extractions: Conditional use procedures and standards. The application for special exception permit shall be accompanied by the following information:

a.

Ownership and management date: Information on location of the proposed site of the operations, ownership of the land, leasehold, license and other property interests, and accurate information on the identity of all individuals, partnerships, associations or corporations which will be involved in control of the proposed operation. The purpose of this requirement is to allow the board of appeals to determine accountability for all conditions that it decides to impose upon the activity and the information shall be sufficiently detailed and complete to accomplish this purpose.

b.

Operations plan data: Full and complete information on the precise nature of mineral extraction or processing activity that is proposed to be undertaken. Such data shall specifically respond to the factors and standards listed in subsection (g)(2) of this section.

c.

Reclamation plan data: Full and complete information on the nature of reclamation which the applicant proposes to undertake to satisfy the factors and standards of subsection (g)(3) of this section.

(g)

Standards for decisions by the board on conditional use applications for mineral extraction or processing activities. In order to grant an application for a special exception permit, the board of appeals must find:

(1)

That mineral extraction or processing is an allowable conditional use in the zoning district and an appropriate land use at the site in question based upon consideration of such factors as:

a.

Existence of mineral deposits.

b.

Proximity of the site to transportation facilities and market areas.

c.

Ability of the operation, as described in the proposed operations plan, to avoid harm to the public health, safety and welfare and to the legitimate interests of nearby properties.

(2)

That an operations plan, which the board of appeals shall direct, be imposed as a condition of approving the special conditional use permit, which will protect affected public and private rights against interference.

(3)

That a reclamation plan which shall similarly be imposed as a condition of approval, will be enforceable and as enforced, will result in a condition which is reasonably safe, attractive and, if possible, conducive to productive new uses for the site.

(h)

Conditions attached to approved applications. The board shall attach such conditions to each approved application as are necessary to ensure that the operation will satisfy the standards set forth above.

(i)

Term of permit; renewals.

(1)

The conditional use permit shall be in effect for a period specified by the board, not to exceed five years and may be renewed upon application for periods of up to five years. All permitted operations shall be inspected at least once every two years by the board of appeals or its agents and shall be inspected at the time a request for renewal is before the board to determine if all conditions of the operation are being complied with.

(2)

If such inspections yield information showing that all such conditions have been met, the applicant shall be entitled to renewal of the permit unless such renewal would be contrary to state law.

(3)

Permits may be amended upon application to allow extension or alterations in operation under new ownerships or managements.

(j)

Inactive status. A termination of mining activities on a site which is the subject of an approved special exception permit for a period of one year or more shall disentitle the permit holder to a right of renewal at the end of the permit period, despite compliance of former operations with all conditions of the original permit, unless:

(1)

Such a discontinuance was specified as part of the original operations plan; or

(2)

The operator has submitted and had board of appeals approval of an amendment to the original permit placing the operation on inactive status with accompanying conditions as to interim or partial reclamation.

(k)

Accountability and performance guarantees. The board of appeals shall require reasonable assurance that the conditions it imposes will be satisfied. Such assurance shall be achieved through some combination of:

(1)

Performance bonds or substitute guarantees in the form of pledged collateral;

(2)

Establishment of escrow accounts into which deposits shall be made to ensure financial resources for investments in reclamation work;

(3)

Clear identification of the relationships between landowners, lessees, licensees and operators and the signing of written pledges by those persons who assume responsibility for various elements of the conditions imposed.

(Code 1991, § 13-4-23; Ord. No. 2018-04, 9-11-2018)

(a)

Description. Conservancy Districts are those parts of the area affected by this article that is shown as swamp on the U.S. Geological Survey Quadrangle maps, or that area that is contiguous to a conservancy district of the Barron County Shoreland Protection Ordinance and is at or near groundwater elevation continually, all city-owned forest crop land and all land held by the State of Wisconsin for wildlife, wildfowl and fish and aquatic life habitat. In order to protect and preserve the natural character of the lands included within this district, and their values for wildlife, water conservation, flood control, recreation, forestry, and other public purposes, no land shall be used and no buildings shall hereafter be erected or moved within such district except in accordance with the regulation herein adopted.

(b)

Use.

(1)

Grazing.

(2)

The harvesting of wild crops, such as wild hay, ferns, moss, berries, and tree fruits and seeds.

(3)

Hunting, trapping, fishing, swimming, boating and boats not used for human habitation.

(4)

The practice of wildlife, fish and forest management.

(5)

Hydroelectric power stations, dams and other structures for the use or control of flowing water and flowage areas, under the regulations applying to such uses established in section 56-798.

(6)

Telephone, telegraph, and power transmission lines and necessary appurtenant structures.

(7)

Nonresidential buildings and structures, used solely in conjunction with the raising of wildlife and fish, and the practice of forestry, including buildings and structures used by public or semi-public agencies or groups for research in, or the rehabilitation of, natural resources.

(c)

Lot area. Buildings or parts of buildings hereafter erected, moved or structurally altered for residential purposes shall comply with the lot area requirements of section 56-796; otherwise there shall be no minimum lot area for this district.

(d)

Height. No building shall be more than 25 feet in height.

(e)

Side yards. For buildings or parts of buildings used for residential purposes, the side yard regulations of section 56-796 shall apply. Otherwise, no side yard shall be less than six feet wide, except that any such side yard which abuts the side lot line of a residential lot, and is not separated therefrom by a street or alley, shall not be less than ten feet wide.

(f)

Rear yard. For buildings or parts of buildings used for residential purposes, the rear yard regulations of section 56-796 shall apply. Otherwise, there shall be a rear yard of not less than 12 feet in depth.

(g)

Highway setback lines. See section 56-757.

(h)

Off-street parking. See section 56-763.

(Code 1991, § 13-4-24)

(a)

Use. In the Highway Interchange District, no building, land or premises shall be used and no building shall hereafter be erected, moved or structurally altered, unless otherwise provided in this article, except for one or more of the following specified uses:

(1)

General farming, including dairying, livestock and poultry raising, nurseries and greenhouses, the practice of forestry except fur farms and farms operated for the disposal or reduction of garbage, sewage, rubbish or offal; provided that no greenhouse or building for the housing of livestock or poultry shall be located within 100 feet of any boundary of a lot or premises used for other than agricultural purposes.

(2)

Public parks and playgrounds under the conditions specified for public parks and playgrounds in section 56-796.

(3)

Highway maintenance or operation facilities.

(4)

Telephone, telegraph and power transmission and distribution towers, poles and lines, including transformers, substations, relay stations, equipment housing and other similar necessary appurtenant facilities; microwave radio relay towers and their appurtenances; railroad lines and necessary appurtenant structures, not including switching and classification yards.

(5)

Any other use permitted in section 56-799 where wetland areas exist within the district.

(6)

Signs as follows:

a.

Directory signs, as provided in section 56-759.

b.

Signs attached to buildings, when such signs do not project above the roof line nor beyond any exterior building wall by more than six feet.

(7)

The following uses, when the location of each such use shall have been approved in writing by the board of appeals after a view of the proposed site or sites and after having taken the following steps:

a.

The board of appeals shall meet with the common council and with representatives designated by the state highway commission. At such meeting, either the specific location or locations, and the use thereof for which the board's approval is sought, or a development plan for the general area of such location or locations, or both, shall be discussed and the board of appeals shall make a preliminary finding on the question before the board, giving due consideration to the advice of the common council and the representatives of the state highway commission attending the meeting.

b.

The board of appeals shall then hold a public hearing in compliance with the statutes and according to the rules of the board, at which time a report shall be given of such preliminary finding, and opportunity shall be given to any interested person to be heard. If in the opinion of the board of appeals there are no objections to such preliminary finding, it shall be entered as final. If, in the opinion of the board of appeals, there are substantial objections to such preliminary finding, the board of appeals shall adjourn the public hearing and call a second meeting with the common council and representatives of the state highway commission, at which the same procedure shall be followed as in subsection (7)a of this section, except that the finding reached by the board of appeals at such second meeting shall be final.

1.

Residential planned development of ten or more residential sites; provided that the lot area, height, side yard, rear yard and setback requirements of the applicable residence district shall apply, except as to highway setback lines in the highway interchange district.

2.

Service stations and automotive repair garages.

3.

Restaurants, taverns and dinner clubs.

4.

Hotels and motels.

5.

Mobile home parks for transient visitors only under the conditions specified for mobile home parks in section 56-799(b)(6).

6.

Camping areas for transient visitors only, under the conditions specified for camping areas in section 56-799(b)(3).

7.

The following uses, provided that all such uses which are to be located in any one quadrant of an interchange, bounded more or less on two sides by the two intersecting highways, shall be housed in a building or group of contiguous buildings:

(i)

Barbershop, beauty parlor.

(ii)

Book and stationery store, newsstand.

(iii))

Drive-in food and drink service.

(iv)

Drugstore, soda fountain.

(v)

Food products store (retail).

(vi)

Gift, notion or variety shop.

(vii)

Launderettes, either self-service or attendant-operated.

(b)

Height. Except as otherwise provided in this article, no building shall exceed a height of 80 feet.

(c)

Lot area. There shall be no minimum lot area requirement for this district.

(d)

Lot coverage. No building or structure, including equipment and material storage, parking lots, loading berths and driveways, shall cover more than 75 percent of the area of any lot.

(e)

Side yards. There shall be a side yard no less than eight feet wide on each side of any lot developed for commercial or industrial use. Such side yard shall be permanently maintained in grass, shrubs or trees and shall not be used for parking, storage or driveways.

(f)

Rear yard. There shall be a rear yard not less than 12 feet in depth on any lot developed for commercial or industrial use. Such yard shall be permanently maintained in grass, shrubs or trees and shall not be used for parking, storage or driveways.

(g)

Highway setback lines. There shall be setback lines along abutting highways as required by the provisions of section 56-757 and the following special regulations shall also apply:

(1)

Frontage roads not less than 50 feet wide shall be provided across the entire width or length of any lot that abuts on an intersecting highway, and there shall be not more than one access in each 1,000 feet from any such frontage road to the intersecting highway, but in no case less than two such point of access in each quadrant of an intersection of two or more highways. The location of such points of access shall be further restricted as follows:

a.

No such access shall be located on either side of the intersecting highway within 1,000 feet of the most remote end of the taper or any entrance to or exit from a controlled access highway.

b.

Such access shall be located directly opposite crossovers in median strips where the highway serving the Highway Interchange District is divided for directional control of traffic flow.

(2)

Each building or group of contiguous buildings shall have not more than two entrances to the abutting frontage road, and no such entrance shall exceed 30 feet in width. Wherever practicable, buildings or groups of buildings shall use entrances in common, in order to reduce the number of such entrances and promote the safety of travel upon the abutting frontage road.

(3)

The intervals between permitted entrances to a frontage road shall be closed against vehicular access by a curb, planting strip or other equally effective barrier.

(4)

Off-street parking; see section 56-763.

(Code 1991, § 13-4-25)

(a)

Use. In the General Business District, no building or premises shall be used and no building shall hereafter be erected, moved or structurally altered, unless otherwise provided in this article except for one or more of the following uses:

(1)

Residential uses only when an integral part of a commercial building.

(2)

Art shop, antique shop, gift shop.

(3)

Bakery employing not over five persons on the premises.

(4)

Bank, savings and loan or other financial institution.

(5)

Barbershop, beauty parlor.

(6)

Book and stationery store, newsstand.

(7)

Bowling alleys.

(8)

Business and professional offices.

(9)

Clinic.

(10)

Clothing store, department store, shoe store, shoe repair shop, tailor shop.

(11)

Clubs and lodges.

(12)

Drugstore, pharmacy, soda fountain.

(13)

Florist shop, greenhouse.

(14)

Fruit and vegetable market, grocery, meat and fish market, or other food products store.

(15)

Funeral home.

(16)

Furniture store, appliances, office equipment, upholstering.

(17)

Hardware store, plumbing, heating and electrical supplies (retail).

(18)

Jewelry store, optical shop, watch repair.

(19)

Laundry, cleaning and dyeing establishment.

(20)

Motels and hotels.

(21)

Music, radio and television store, record shop.

(22)

Paint store, interior decorator.

(23)

Parking lot, bus depot.

(24)

Photographer, photography supply shop.

(25)

Printing and duplicating.

(26)

Private utility office or substation, telephone exchanges.

(27)

Restaurant, caterer, drive-in food or drink service, dinner club.

(28)

Signs as follows:

a.

Business designation signs as provided in section 56-759.

b.

Signs attached to buildings when such signs do not project above the roof line or beyond any exterior building wall by more than six feet.

c.

Billboards when located as provided in section 56-759.

d.

Sign painting shops.

(29)

Variety store, notion shop.

(30)

Other retail uses similar in character to the above.

(31)

Manufacturing or storage in connection with any of the above uses, when clearly incidental to the conduct of a retail business on the premises.

(32)

The following uses when the location thereof shall have been approved in writing by the board of appeals, following a public hearing, and such approval shall be consistent with the general purpose and intent of this article at such public hearing, tending to show the desirability or undesirability of specific proposed locations for a specific proposed use from the standpoint of the public interest, because of such factors (without limitation because of enumeration) as dust, noise, glare, odor, vibration and increased traffic on the public streets:

a.

Animal hospital, pet shop, veterinary.

b.

Auction house, provided that there is sufficient off-street parking.

c.

Automobile salesroom, garage, service station and storage yards for vehicles, equipment or supplies, including used car lots but not including automobile wrecking yards and junk yards.

d.

Dance hall, skating rink.

e.

Go-cart and other similar race tracks.

f.

Taverns, beer depots, liquor stores.

g.

Wholesaler, distributor.

(b)

Lot area. For buildings or parts of buildings hereafter erected, moved or structurally altered for residential purposes, the lot area regulations of section 56-799 shall apply; otherwise there shall be no minimum lot area for this district.

(c)

Height. No building erected, moved or structurally altered shall exceed three stories or 45 feet in height.

(d)

Side yards. Side yards shall be required as follows:

(1)

Buildings used wholly for purposes permitted in the residential districts shall have side yards as required by section 56-799.

(2)

Buildings combining residential and commercial uses shall also have side yards as required in section 56-799 where 50 percent or more of the floor area devoted to such residential use, or any bedroom, is located on the ground floor.

(3)

Buildings combining residential and commercial uses may substitute a court or courts for any side yard required by subsection (b) of this section, where less than 50 percent of the floor area devoted to such residential use, but not including any bedroom, is located on the ground floor; provided that such court or courts shall comply with the requirements of the state or local building codes.

(4)

If a side yard is provided where not otherwise required, the same shall be not less than six feet in width.

(5)

There shall be a side yard not less than ten feet in width along the side of any lot that abuts on a lot in a residential district and is not separated therefrom by a street or alley.

(6)

Rear yard. There shall be a rear yard of not less than 12 feet in depth.

(7)

Highway setback lines. See section 56-757.

(8)

Off-street parking. See section 56-763.

(Code 1991, § 13-4-26)

(a)

Use. In the Industrial District, buildings and land may be used for any purpose except the following:

(1)

Religious, educational, charitable and medical institutions and places of dwelling or lodging, whether on a permanent or transient basis, except that there may be a dwelling for a watchman or caretaker employed on the premises and members of his family.

(2)

Uses contrary to the laws of the state or ordinances adopted by the common council of the city.

(3)

Any of the following uses unless the location thereof shall have been approved in writing by the board of appeals, following a public hearing. Such approval shall be consistent with the general purpose and intent of this article and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability or undesirability of specific proposed locations for a specific proposed use from the standpoint of the public interest, because of such factors as (without limitation because of enumeration) smoke, dust, noxious or toxic gases and odors, noise, glare, vibration, radiation or electrical omissions, fire and safety hazards, heavy vehicular traffic and increased traffic on the public street; provided that no such use shall be permitted to locate within 300 feet of any boundary of a Residence or Agricultural District; except when such boundary lies within the right-of-way of, or on the opposite side of, a federal or state highway which abuts the premises on which such use is proposed to be located:

a.

Acid, ammonia, bleach, chlorine or soap manufacture.

b.

Ammunition manufacture: explosives or fireworks manufacture or storage.

c.

Asphalt, coal and coal tar or coke manufacture; asphalt and asphalt cement mixing plants.

d.

Automobile wrecking yards, junk yards, when fenced as provided in section 56-757.

e.

Bones, distillation of.

f.

Cannery.

g.

Cement, lime, gypsum or plaster of Paris manufacture; cement or concrete mixing plant.

h.

Fat rendering.

i.

Fertilizer manufacture.

j.

Forge plant.

k.

Garbage, rubbish, offal or animal reduction or dumping.

l.

Gelatine, glue or size manufacture.

m.

Inflammable gases or liquids, refining or manufacture of overground tank farms.

n.

Slaughterhouse, stockyard.

o.

Smelting.

(b)

Lot area. For buildings or parts of building, erected, moved or structurally altered for residential use, the lot area regulations of section 56-757 shall apply; otherwise no minimum lot area shall be required.

(c)

Height. For buildings or parts of buildings hereafter erected, moved or structurally altered for residential use, the height regulations of section 56-757 shall apply; buildings erected, moved or structurally altered for any other purposes shall not exceed 50 feet in height.

(d)

Side yards. For buildings or parts of buildings erected, moved or structurally altered for residential use, the side yard regulations of section 56-757 shall apply; there shall be a side yard not less than six feet wide on each side of a building hereafter erected, moved or structurally altered for any use, and no automobile parking lot, stock pile, waste or salvage pile, equipment storage yard or other accumulation of material or equipment in the open shall be stored or placed in such side yard; provided further that any such side yard which abuts a boundary of a Residence District shall be not less than 25 feet wide, unless such Residence District boundary lies within a street or alley.

(e)

Rear yard. There shall be a rear yard of not less than 12 feet in depth, except that:

(1)

Such rear yard shall be increased in depth by three feet for each additional five feet by which the principal building on the lot exceeds 25 feet in height.

(2)

Any such rear yard which abuts a boundary of a Residence District shall be not less than 25 feet in depth, unless such Residence District boundary lies within a street, alley or railroad right-of-way; provided that no automobile parking lot, stock pile, waste or salvage pile, equipment storage yard or other accumulation of material or equipment in the open shall be stored or placed in such rear yard, except that loading platforms may be established in a rear yard if it abuts on a railroad.

(f)

Highway setback lines. See section 56-757.

(g)

Off-street parking. See section 56-763.

(Code 1991, § 13-4-27)