Unless otherwise specifically provided, this chapter applies only within the geographic limits of the city. Provisions regarding the city's extraterritorial jurisdiction area are included in article XIV of this chapter.

The city is organized into the following districts:

R-1 One-Family Residential District

R-2 Two-Family Residential District

R-3 Multiple-Family Residential District

PUD Planned Unit Development District

C-1 General Commercial District

C-2 Highway Commercial District

IL Light Industrial District

IG General Industrial District

CN Conservancy District

UT Urban Transitional District

A-1 Exclusive Agricultural District

(Code 1991, § 13-1-20)

The boundaries of the zoning districts enumerated above are established as shown on the maps entitled "Zoning Map of Barron, Wisconsin," dated March 13, 1981. These official maps and all explanatory matter thereon and attached thereto are adopted by reference and declared to be part of this article. The maps adopted in this section and all official explanatory matter attached thereto bear the signature of the city clerk-treasurer and shall be on file in the office of the zoning administrator.

(Code 1991, § 13-1-21)

When uncertainty exists with respect to the boundaries of the various districts as shown on the zoning maps, the following rules shall apply:

(1)

District boundary lines are either the centerlines of railroads, highways, streets, alleys, or easements, or the boundary lines of sections, quarter sections, divisions of sections, tracts or lots, or such lines extended unless otherwise indicated.

(2)

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the centerline of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section, or division lines, or centerlines of streets, highways, or railroad rights-of-way unless otherwise indicated.

(3)

Where a lot held in one ownership and of record on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less-restricted district, provided that this construction shall not apply if it increases the less-restricted frontage of the lot by more than 25 feet.

(Code 1991, § 13-1-22)

All streets, alleys, public ways, waterways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways, or waterways and railroad rights-of-way. Where the center serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Code 1991, § 13-1-23)

(a)

No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

(b)

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

(Code 1991, § 13-1-10(b), (c))

Except as otherwise specifically provided in this chapter, only the following uses and their essential services may be allowed in any district:

(1)

Permitted uses. Permitted uses, being the principal uses, specified for a district.

(2)

Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.

(3)

Conditional uses.

a.

Conditional uses and their accessory uses are considered as special uses requiring for their authorization review, public hearing and approval by the plan commission in accordance with this chapter except those existent at time of adoption of the ordinance from which this article is derived.

b.

Those existing uses which are classified as "conditional uses" for the districts in which they are located at the time of adoption of the ordinance from which this article is derived require no action by the plan commission for them to continue as valid conditional uses, and the same shall be deemed to be "regular" conditional uses.

c.

Proposed change from permitted use in a district to a conditional use shall require review, public hearing and approval by the plan commission in accordance with this chapter.

d.

Conditional uses, when replaced by permitted uses, shall terminate. In such cases, the reestablishment of any previous conditional uses, or establishment of new conditional uses shall require review, public hearing and approval by the plan commission in accordance with this chapter.

e.

Conditional uses authorized by the plan commission shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.

(4)

Unspecified uses. Uses not specified in this chapter that are found by the plan commission to be sufficiently similar to specified permitted uses for a district shall be allowed by zoning administrator. Uses not specified in this article and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the plan commission after public hearing and approval in accordance with this chapter.

(Code 1991, § 13-1-11)

(a)

Purpose. In order to ensure that the zoning ordinance will permit all similar uses in each district, the zoning board of appeals, upon its own initiative or upon a written application, shall determine whether a use not specifically listed as a permitted use or a conditional use in commercial, residential, or industrial districts shall be deemed a permitted use or a conditional use in one or more districts on the basis of similarity to uses specifically listed.

(b)

Application. Application for determination that a specific use should be included as a permitted use or a conditional use in commercial, residential, or industrial districts shall be made in writing to the zoning administrator and shall include a detailed description of the proposed use and such other information as may be required by the zoning board of appeals to facilitate the determination.

(c)

Investigation. The zoning board of appeals shall make or have made such investigations as it deems necessary to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter and to make a determination of its classification.

(d)

Determination. The determination of the zoning board of appeals shall be rendered in writing within 60 days from application and shall include findings supporting the conclusion.

(e)

Effective date of determination. Within five days following the date of a decision, the zoning board of appeals shall transmit to the common council and petitioner written notice of the decision, at which time the classification of the unlisted use shall become effective.

(Code 1991, § 13-1-146)

To be buildable, a lot shall comply with the frontage requirements of the zoning district in which it is located, but shall, in any case, have a minimum frontage of 60 feet or 45 feet for a cul-de-sac.

(Code 1991, § 13-1-12(a))

All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot. The plan commission may permit as a conditional use more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the plan commission may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.

(Code 1991, § 13-1-12(b))

Zoning permits shall only be issued for a lot that abuts a public street dedicated to its proposed width.

(Code 1991, § 13-1-12(c))

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. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.

(Code 1991, § 13-1-12(d))

On corner lots, the setback shall be measured from the street line on which the lot fronts. The setback from the side street shall be equal to 75 of the setback required on residences fronting on the side street but the side yard setback shall in no case restrict the buildable width to less than 30 feet means the corner lots shall be consisting of a parcel of property abutting on two or more streets at their intersection providing that the interior angle of such intersection is less than 135 degrees.

(a)

No land shall be used or structure erected where the land is held unsuitable for such use or structure by the common council, upon the recommendation of the plan commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community.

(b)

The plan commission, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the plan commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the common council.

(Code 1991, § 13-1-12(e))

In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1½ horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the plan commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

(Code 1991, § 13-1-12(f))

For purposes of this chapter, decks and porches shall be considered a part of a building or structure.

(Code 1991, § 13-1-12(g))

Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the ordinary projections of sills, cornices, and ornamental features. In addition, the following obstructions are also permitted:

(1)

Fire escapes that do not extrude more than five feet.

(2)

Open terraces not over four feet above the average level of adjoining ground but not including permanently roofed-over terrace or porch.

(3)

Awnings and canopies.

(4)

Steps four feet or less above grade that are necessary for access to a permitted building or for access to a zoning lot from a street or alley.

(5)

Chimneys, provided they do not project more than 18 inches into a required yard.

(6)

Recreational equipment.

(7)

Laundry-drying equipment.

(8)

Arbors, trellises, landscaping, and trees.

(9)

Flagpoles.

(10)

Television or radio antennas, provided the base unit is within 30 inches of the eaves of the principal structure and the entire antenna does not project more than eight feet into any required side or rear yard. In no case may an antenna project into the required front yard.

(11)

Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40 percent of the required yard width or three feet.

(Code 1991, § 13-1-13)

No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this article. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use. No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open spaces or minimum lot area requirements for any other structure or parcel.

(Code 1991, § 13-1-10(d))

(a)

Required. Where screens or buffers are required by this chapter or the common council to reduce the impact of proposed uses on adjacent properties, the following standards shall be followed. Buffer yards and screens may be required jointly or separately.

(b)

Buffer yards. Buffer yards are horizontal separations along lot lines that are intended to increase the physical separation between incompatible uses. The width of the required buffer yard shall be determined by the plan commission or zoning administrator. The minimum width shall be ten feet.

(c)

Screens. Screens are barriers located in a limited space (ten feet or less) intended to perform a buffering effect, particularly for noise reduction or visual screening. Screens may consist of existing or planted vegetation, fences, walls, earth berms or similar techniques. Plant screens shall be sufficient to provide a yearround screen within three years of installation. Walls or earth berms shall be required where noise reduction is necessary. Screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six months.

(Code 1991, § 13-1-15)

The general purposes of residential districts are to:

(1)

Protect residential areas against fire, explosion, noxious fumes, offensive noise, smoke, vibrations, dust, odors, heat, glare, and objectionable factors.

(2)

Protect residential areas against unduly heavy motor vehicle traffic, especially through traffic control and to minimize congestion by promoting off-street parking.

(3)

Protect and promote the public health and comfort against undue congestion of public streets and other public facilities by controlling the density of population through regulation of bulk of buildings.

(4)

Protect and promote the public health and comfort by providing for ample light and air to buildings and windows thereof.

(5)

Promote public comfort and welfare by providing for usable open space on the same zoning lot with residential development.

(6)

Protect the value of land and improvements and so enhance the economic base of the city.

(7)

Provide sufficient space in appropriate locations to meet the probable future need for single-family, two-family, and multiple-family dwellings at a reasonable range of densities.

(Code 1991, § 13-1-24)

(a)

Purpose. The R-1 district is intended to provide a quiet spacious living neighborhood in which residents are protected from hazards such as fire and nuisances such as noise, odors, vibration, congestion, environmental and aesthetic degradation and other uses which are incompatible with the provisions of this chapter for this district.

(b)

Permitted uses. The following uses are permitted in the R-1 district:

(1)

One-family detached dwellings except mobile homes.

(2)

Home occupations as defined in this chapter.

(3)

Parks, forest preserves, recreational areas when publicly owned and operated, and community buildings.

(4)

Temporary buildings for construction purposes for a period not to exceed the completion date of such construction.

(5)

Accessory uses, including off-street parking as provided by this chapter and subject to the limitations of sections 56-4 and 56-440 of this Code.

(6)

Municipal buildings. This excludes generally buildings whose uses may cause public and private nuisances. Specifically, sewage treatment plants, garbage incinerators, warehouses, public garages, public shops or storage yards, penal or correctional institutions and asylums are excluded.

(c)

Conditional uses. The following uses are permitted conditionally in the R-1 district, subject to the provisions of section 56-89:

(1)

Cemeteries, crematoriums, and mausoleums.

(2)

Charitable and nonprofit institutions.

(3)

Child care facilities.

(4)

Churches, rectories, seminaries, convents, monasteries, including any other uses incidental to them.

(5)

Community swimming pools.

(6)

Elementary, middle and high schools, churches and libraries.

(7)

Golf courses.

(8)

Off-street parking.

(9)

Public service uses.

(10)

Filtration plant, pumping station, and water reservoir.

(11)

Sewage treatment plant.

(12)

Police and fire stations.

(13)

Telephone exchange.

(14)

Electric substation and booster stations.

(15)

Railroad right-of-way and trackage, but not including classification yards, terminal facilities, and maintenance facilities.

(16)

Temporary real estate offices.

(d)

Dimensional requirements.

(1)

Lot size. Minimum lot area is 10,000 square feet and minimum lot width is 85 feet.

(2)

Yard for principal building. Front yard setback is 25 feet, side yard setback is ten feet on each side. Rear yard setback is 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks are three feet for all accessory buildings.

(4)

Height. Maximum building height is 25 feet.

(5)

Side yards on corner lots. On corner lots, the side yard which abuts one of the intersecting streets shall conform to the same setback requirement as the front yard for the district in which the lot is located.

(e)

Allowable variance.

(1)

In all of the existing plats of the city, where the width of the lots fronting upon any public street are less than 85 feet in width and 66 feet or more in width, it shall be unnecessary to obtain a variance permit before obtaining a building permit to construct a single-family residence on such lots, so long as the application for a building permit provides for compliance with the minimum setback requirements set forth above and further providing that the adjoining lots are not owned by the owner making the application or members of his immediate family.

(2)

In the event that one owner shall own more than one lot of less than 66-foot frontage in any existing plat of the city and such lots are adjacent to each other and the total frontage on an existing street is more than 66 feet, but less than 85 feet, such owner may obtain a building permit from the building inspector without obtaining a variance permit from the board of appeals so long as the application for such permit indicates compliance with the minimum setback requirements set forth above.

(Code 1991, § 13-1-25; Ord. No. 2024-05, § I, 12-10-2024)

(a)

Purpose. The R-2 District is intended to provide a living environment similar in all respects to the R-1 District, although with a higher population density.

(b)

Permitted uses. All uses permitted in the R-1 District, two-family dwellings and twin homes are permitted in the R-2 District.

(c)

Conditional uses. All uses permitted conditionally in the R-1 District and sheltered care elderly units are permitted conditionally in the R-2 District, subject to the provisions of section 56-89:

(d)

Dimensional requirements.

(1)

Lot size. The minimum lot area is 10,000 square feet and the minimum lot width is 100 feet.

(2)

Yard for principal building. The front yard setback is 25 feet, the side yard setback is ten feet on each side (zero lot line allowed for a twin home), and the rear yard setback is 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks are three feet for all accessory buildings.

(4)

Height. Maximum building height is 25 feet.

(5)

Side yards on corner lots. On corner lots, the side yard which abuts one of the intersecting streets shall conform to the same setback requirement as the front yard for the district in which the lot is located.

(Code 1991, § 13-1-26)

(a)

Purpose. The R-3 District is intended to provide a living environment similar in all respects to the R-1 District, although with a higher population density and greater diversity of housing types.

(b)

Permitted uses. All uses permitted in the R-1 and R-2 Districts, multifamily dwellings, apartments, twin homes, rest homes, nursing homes, churches and other places of public worship and private nonprofit clubs and lodges are permitted in the R-3 District.

(c)

Conditional uses. All uses permitted conditionally in the R-1 and R-2 Districts, except those that are designated in this section as permitted uses, mobile home parks designed according to the provisions of this chapter, hospitals, sanitoriums and clinics are permitted as conditional uses in R-3 Residential Districts, subject to the provisions of section 56-498.

(d)

Dimensional requirements.

(1)

Lot size. The minimum lot area is 12,000 square feet, the minimum lot area per dwelling unit is 2,500 square feet and the minimum lot width is 100 feet.

(2)

Yard for principal building. The front yard setback is 25 feet, the side yard setback is ten feet on each side (zero lot line allowed for a twin home), and the rear yard setback is 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks are three feet for all accessory buildings.

(4)

Height. Maximum building height is 25 feet.

(5)

Side yards on corner lots. On corner lots, the side yard that abuts one of the intersecting streets shall conform to the same setback requirement as the front yard for the district in which the lot is located.

(e)

Special requirements for split two-family dwellings and twin homes. Split two-family dwellings and twin homes, as defined in this chapter, are subject to the following requirements:

(1)

A minimum fire wall complying with Wis. Admin. Code § SPS 321.08 providing a vertical separation of all areas from the lowest level to flush against the underside of the roof, is required between each dwelling unit.

(2)

Each dwelling unit shall be located on a separate lot.

(3)

A split two-family dwelling or twin home may not be split or divided into additional residential units nor may the fire wall be altered in any manner. A written common wall agreement is required.

(4)

Each residential unit shall have its own sanitary sewer and water lateral and garage.

(5)

Such dwellings shall have basements or frost walls but shall not be slab on grade.

(6)

Builders shall provide covenants regarding building aesthetics, which shall be stated in each conveyance thereof, which shall be approved by the city council.

(7)

The attached side yard setback, or common wall between the two dwelling units, shall be zero feet.

(8)

The minimum lot area for each of the two dwelling units shall be 6,500 square feet.

(9)

The minimum lot width for each of the two dwelling units shall be 50 feet.

(Code 1991, § 13-1-27)

(a)

Purpose. The Planned Unit Development District (PUD) is intended to provide for greater flexibility in design and to provide for a combination of uses in a manner compatible to each and to the surrounding environment. A PUD is any development to be constructed and maintained by a single owner or group of owners acting through a corporation, located on a single tract, planned as an entity and, therefore, acceptable for development and regulation as one land unit. The PUD is established to encourage and promote improved environmental design in the city by allowing for greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance to the basic intent of this chapter and the general plan for community development. The district allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive, unified projects. It is further intended to encourage more rational and economic development in regard to public services and encourage and facilitate preservation of open land.

(b)

Permitted uses. No building, structure, or land shall be used, and no building or structure shall be hereafter erected, structurally altered, enlarged or maintained, except for one or more of the uses specifically specified below:

(1)

Residential uses. Single-family, two-family and multiple-family dwelling units in detached, semidetached, attached, or multistoried structures, or any combination thereof.

(2)

Nonresidential uses. Nonresidential uses of a religious, educational, institutional, commercial, or recreational character to the extent that they would promote improved environmental design. The nonresidential permitted uses shall be allowed only to the extent that the plan commission finds them to be compatible and harmoniously incorporated into the design of the PUD.

(3)

Accessory uses. Uses that are customarily accessory and incidental to permitted principal uses.

(c)

Dimensional requirements. In the PUD District, the requirements for lot area, lot width, side yard, rear yard, front yard, lot coverage and building height shall be consistent with sound planning and zoning principles. However, lots and buildings may be approved which do not meet the dimensional requirements in other districts of this chapter. Such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plat itself, construed to be and enforced in accordance with this chapter.

(d)

Off-street parking. In the PUD District, off-street parking shall be provided in accordance with this chapter.

(e)

Signs. In the PUD District, signs shall be classified and permitted in accordance with this chapter.

(f)

Engineering design standards. The width of street right-of-way, width, and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar engineering considerations shall be based upon a determination of appropriate standards necessary to implement the specific function in the specific location. However, in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the city.

(g)

Preservation and maintenance of open space.

(1)

In a PUD District, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.

(2)

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the city, as part of the conditions for district approval, an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the district. Buildings or uses for noncommercial, recreational, or cultural purposes, compatible with the open space objectives, may be permitted only where specifically authorized as part of the development plan or subsequently, with the express approval of the common council following approval of building, site, and operational plans by the plan commission.

(3)

The care and maintenance of such open space reservation shall be ensured by establishment of appropriate management organization for the district. The manner of ensuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the city and shall be included in the title to each property.

(4)

Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the city and made a part of the condition of the plan approval.

(h)

Preapplication conference. Before submitting an application for a PUD, an applicant shall confer with the plan commission to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. The review procedures are intended to explicitly state the requirements at each stage of the review process. Each applicant shall have the option to submit an application for approval of the PUD at either the outline, preliminary, or final development plan stage, if the requirements are fulfilled according to this chapter.

(i)

Implementation schedule. The proponents of a Planned Unit Development District shall submit a reasonable schedule for the implementation of the development to the satisfaction of the plan commission, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effects upon the community as a result of termination at that point.

(j)

Zoning procedure. The procedure for zoning a PUD District shall be the same as required for a zoning amendment, except that, in addition, the zoning may only be considered in conjunction with a general development plan. The applicant shall file with the plan commission a general development plan which shall include the following information:

(1)

A statement describing the general character of the intended development.

(2)

An accurate map of the project area, including its relationship to surrounding properties and existing topography and key features.

(3)

A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval:

a.

The pattern of proposed land use including shape, size, and arrangement of proposed use areas, density, and environmental character.

b.

The pattern of public and private streets.

c.

The location, size, and character of recreational and open space areas reserved or dedicated for public uses such as school, park, greenway, etc.

d.

A utility feasibility study.

e.

Appropriate statistical data on the size of the development ratio of land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, accepted staging, and any other plans or data pertinent to evaluation by the city under the criteria established by this section.

f.

General outline of intended organizational structure related to property owners' association, deed restrictions, and private provision of common services.

(k)

Referral and public hearing.

(1)

Within 30 days after completion of the filing of the petition for approval of a general development plan, the plan commission shall forward the petition to the common council with a recommendation that the plan be approved as submitted, approved with modifications, or disapproved.

(2)

Within 30 days of the receipt of the plan commission's recommendation, the council shall determine whether or not to initiate a proposed zoning change to permit the proposed PUD District and to schedule the required public hearing.

(3)

Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, that shall be recorded as an integral component of the district regulations, but such plan shall be conditioned upon approval of a final implementation plan and shall not make permissible any of the uses as proposed until a final implementation plan is submitted and approved for all or a portion of the general development plans.

(l)

Submittal of final implementation plan. A specific and detailed plan for implementation of all or a part of a proposed Planned Unit Development District must be submitted within an agreed-upon time period as determined by the common council. The final implementation plan shall be submitted to the plan commission and shall include the following detailed construction and engineering plans and related detailed documents and schedules:

(1)

An accurate map of the area covered by the plan, including the relationship to the total general development plan.

(2)

The pattern of public and private roads, driveways, walkways, and parking facilities.

(3)

Detailed lot layout and subdivision plat where required.

(4)

The arrangement of building groups, other than single-family residences, and their architectural character.

(5)

Sanitary sewer and water mains.

(6)

Grading plan and storm drainage system.

(7)

The location and treatment of open space areas and recreational or other special amenities.

(8)

The location and description of any areas to be dedicated to the public.

(9)

General landscape treatment.

(10)

Proof of financing capability.

(11)

A development schedule indicating the approximate date when construction of the project can be expected to begin, the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin, the anticipated rate of development, the approximate date when the development of each of the stages will be completed and the area and location of common open space that will be provided at each stage.

(12)

Agreements, bylaws, provisions, or covenants which govern the organization structure, use, maintenance, and continued protection of the planned unit development and any of its common services, common open areas, or other facilities.

(13)

Any other plans, documents, or schedules requested by the city which may be necessary to review the final implementation plan.

(m)

Approval of final implementation plan.

(1)

Following a review of the final implementation plan, the plan commission shall recommend to the council that it be approved as submitted, approved with modifications, or disapproved.

(2)

Upon receipt of the plan commission's recommendation, the council may approve the plan and authorize the development to proceed accordingly or disapprove the plan and send it back to the plan commission for further negotiation with the developer.

(3)

In the event of approval of the final implementation plan, the building, site, and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the city offered or required with regard to project value, character, and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans shall be recorded by the developer within a reasonable period of time, as determined by the common council in the Barron County Register of Deeds' office. This shall be accomplished prior to the issuance of any building permit.

(4)

Any subsequent change or addition to the plans or use shall first be submitted for approval to the city attorney and plan commission and if, in the opinion of the plan commission, such change or addition constitutes a substantial alteration of the original plan, the procedure provided in subsection (j) of this section shall be initiated.

(5)

If, after approval of the final implementation plan, any portion or stage of the proposed development schedule established under subsection (l)(11) of this section is not met, then the plan commission may initiate appropriate action to rezone the property which has not been developed in accordance with such development schedule to an appropriate zoning district or districts compatible with the surrounding area, as determined by the plan commission.

(Code 1991, §§ 13-1-28, 13-1-50)

(a)

Purpose. The C-1 District is established to maintain certain elements of the traditional purpose and appearance of the downtown area by permitting higher densities and limited on-street parking near the established commercial core of the city.

(b)

Permitted uses. The following uses are permitted in the C-1 District:

(1)

Retail sales establishments.

(2)

Financial institutions.

(3)

Personal and business service establishments.

(4)

Commercial and professional offices.

(5)

Restaurants, cafes, taverns, and bars.

(6)

Arcades, pool halls, and other similar places of amusement.

(7)

Government offices, post offices, and libraries.

(8)

Private clubs and lodges.

(9)

Historic and cultural features and buildings.

(10)

Bus depots.

(11)

Parking lots.

(12)

Publicly owned and operated parks, forest preserves, and recreational areas.

(13)

Clinics.

(14)

Apartments are prohibited on ground floor (first) of buildings located in Commercial District on LaSalle Ave., between S. Second Street and S. Seventh Street.

(c)

Conditional uses. The following uses are permitted conditionally in the commercial district, subject to the provisions of section 56-89:

(1)

Wholesale establishments.

(2)

Warehouses for local wholesale and retail establishments or for personal property, but not including industrial warehouses and distribution centers.

(3)

Rest homes and nursing homes.

(4)

Penal or correctional institutions.

(5)

Veterinary hospitals and clinics.

(6)

Commercial boarding and breeding kennels.

(7)

Telephone exchanges, electric substations, and booster stations and similar installations of publicly regulated utilities.

(8)

Multiple-family dwellings, plus customary accessory buildings.

(9)

Drive-in restaurants.

(10)

Automobile and other vehicle sales.

(11)

Railroad rights-of-way, trackage, and terminals, but not including classification yards and maintenance facilities.

(12)

Apartments above the first floor of a commercial use.

(13)

Light manufacturing.

(14)

Use for church worship, gatherings and meetings.

(15)

Transitional home or transitional housing.

(d)

Prohibited uses. The following uses are prohibited in the C-1 District:

(1)

Sale and storage of livestock.

(2)

Bulk sale and storage of grain, fertilizer, and petroleum products.

(3)

Sale and outside storage of metals, minerals, stone, scrap and waste materials, except in small quantities as part of the stock of a permitted conditional use.

(4)

Transitional home or transitional housing.

(e)

Dimensional requirements.

(1)

Lot size. Minimum lot area is 2,500 square feet and the minimum lot width is 25 feet.

(2)

Yard. No front yard setback is required. The side yard setback, when abutting residential, conservancy and urban transitional properties is 20 feet. When abutting industrial or commercial properties, no setback is required.

(3)

Rear yard setback. When abutting residential, conservancy and urban transitional properties, setback is 20 feet. When abutting industrial or commercial properties, no setback is required.

(4)

Height. Maximum building height is 25 feet.

(5)

Parking and loading. The C-1 District is exempt from the parking provisions of this chapter.

(Code 1991, § 13-1-29; Ord. No. 2000-11, 8-30-2000; Ord. No. 2017-2, § I, 3-14-17; Ord. No. 2021-01, § I, 2-9-2021)

(a)

Purpose. The C-2 District is established to provide for low-density business and limited wholesale and other compatible noncommercial uses.

(b)

Permitted uses. The following uses are permitted in the C-2 District:

(1)

Retail sales establishments.

(2)

Financial institutions.

(3)

Personal and business service establishments.

(4)

Automotive and equipment service establishments, including gasoline service stations.

(5)

Commercial and professional offices.

(6)

Hotels and motels.

(7)

Restaurants, cafes, taverns, and bars.

(8)

Theaters, bowling alleys, arcades, pool halls, and dance halls.

(9)

Auditoriums and community centers.

(10)

Government offices, post offices, and libraries.

(11)

Private clubs and lodges.

(12)

Historic and cultural features and buildings.

(13)

Bus depots.

(14)

Veterinary hospitals and clinics.

(15)

Clinics.

(16)

Wholesale establishments.

(17)

Warehouses for local wholesale and retail establishments or for personal property, but not including industrial warehouses and distribution centers.

(18)

Parking lots.

(19)

Parks, forest preserves, and recreation areas when publicly owned and operated.

(c)

Conditional uses.

(1)

Rest homes and nursing homes.

(2)

Hospitals and sanitoriums.

(3)

Penal or correctional institutions.

(4)

Commercial boarding or breeding kennels.

(5)

Telephone exchanges, electric substations, and booster stations, and similar installations of publicly regulated utilities.

(6)

Private for-profit outdoor recreation areas, including golf courses, miniature golf courses, swimming pools and campgrounds.

(7)

Drive-in restaurants.

(8)

Multifamily dwellings, plus customary accessory buildings.

(9)

Bulk sale and storage of grain, fertilizer and petroleum products.

(10)

Transitional home or transitional housing.

(d)

Prohibited uses.

(1)

Sale and storage of livestock and sale and outside storage of metals, minerals, stone, scrap and waste materials (except in small quantities as part of the stock of a permitted or conditional use) are prohibited in the C-2 District.

(2)

If there are already two dwellings meeting the definition of a "transitional home" or "transitional housing" on the land for which a conditional use is sought, a conditional use for an additional "transitional home" or "transitional housing" as defined in section 56-4 is prohibited.

(e)

Dimensional requirements.

(1)

Lot size. Minimum lot area is 10,000 square feet and minimum lot width is 100 feet.

(2)

Yard for principal building. The front yard setback is 25 feet or 50 feet if parking is permitted in front yard. When abutting residential, conservancy, and urban transitional properties the side yard setback is 20 feet. When abutting industrial or commercial properties, no setback is required. The rear yard setback for the principal building is 20 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks for accessory buildings are ten feet.

(4)

Height. Maximum building height is 25 feet.

(Code 1991, § 13-1-30; Ord. No. 2021-01, § I, 2-9-2021)

(a)

Purpose. The Light Industrial District (IL) is intended to accommodate light industrial, wholesale, and research establishments. The IL District may be located in various areas throughout the community and may or may not be in close proximity to the residential districts.

(b)

Permitted uses. Any industrial uses may be permitted, except those that would present danger to residents of the community or generate noise, smoke, traffic, or air and water pollution, that would create a public or private nuisance. Emphasis is placed on providing land for warehousing and light assembly industries. Outdoor storage of raw materials or finished products is not allowed. All other uses (residential, commercial, and public) are prohibited, except that a dwelling may be provided for a caretaker or superintendent if the industrial use requires constant supervision. The following uses are specifically permitted in the IL District:

(1)

Wholesaling and warehousing.

(2)

Production, processing, servicing, testing, repair or storage of materials, equipment, and goods.

(3)

Public and community services.

(4)

Temporary buildings for construction purposes for a period not to exceed the completion date of such construction.

(5)

Accessory uses, including off-street parking and loading as permitted or required in this chapter.

(6)

Agricultural activities, limited to horticulture, nurseries and forestry.

(c)

Dimensional requirements.

(1)

Lot size. The minimum lot area is 10,000 square feet, and the minimum lot width is 100 feet.

(2)

Yard for principal building. The front yard setback is 25 feet or 50 feet if parking is permitted in front yard. The side yard setback is 20 feet on each side and the rear yard setback is 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setback for accessory building is ten feet.

(4)

Height. Maximum building height is 25 feet.

(Code 1991, § 13-1-31)

(a)

Purpose. The General Industrial District (IG) is intended to accommodate those industrial uses which are not permitted in the IL District. Such industrial undertakings need not be enclosed where the type of undertaking requires that the activities be carried on outside. All production, processing, servicing, testing, repair, or storage of materials or goods may take place in enclosed buildings. All outdoor storage shall be screened by a site-obscuring fence or shrubs when the zoning lot is fronting a street or highway or is adjacent to residential districts.

(b)

Permitted uses. Any use permitted in the IL District is also permitted in this district.

(c)

Conditional uses. Stone pits, gravel pits, railroad roundhouses, railroad maintenance buildings, railroad switching yards and agricultural activities (including animal husbandry) may be allowed by conditional use permit, subject to the provisions of section 56-89:

(d)

Dimensional requirements.

(1)

Lot size. The minimum lot area is 20,000 square feet, and the minimum lot width is 100 feet.

(2)

Yard for principal building. The front yard setback is 25 feet or 50 feet if parking is permitted in front yard. The side yard setback is 20 feet on each side, and the rear yard setback is 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks for accessory buildings is ten feet.

(4)

Height. Maximum building height is 45 feet.

(Code 1991, § 13-1-32)

(a)

Purpose. The Exclusive 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 preexisting uses, this district will allow very few nonagricultural uses or development. This policy is intended to avoid conflicts which occur when farm and nonfarm uses are mixed and to reduce the adverse pressures upon farming caused by speculative land values and consequent increases in property taxes on farmlands. 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. The following uses are permitted in A-1 Districts:

(1)

Farming uses.

a.

Dairying.

b.

Beekeeping.

c.

Floriculture.

d.

Forest management.

e.

Game management.

f.

Grazing.

g.

Greenhouses, nurseries.

h.

Livestock raising and feedlots, except those feedlots listed as a conditional use in subsection (c) of this section.

i.

Orchards.

j.

Poultry raising, when the operation involves 10,000 or fewer birds.

k.

Raising of grain, grass, mint, or seed crops.

l.

Raising of 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.

Single-family dwellings, including mobile homes, that are accessory to an agricultural operation and which are occupied by persons or families connected with the farm operation, subject to the provisions of subsection (c)(2)b of this section only one such dwelling is allowed under this section as a permitted uses for each farm operation.

b.

Residential occupancy of preexisting dwellings which were originally used for farm-related housing but which are no longer needed for farm-related housing.

c.

Garages and other similar structures or uses accessory to the housing uses permitted above or to other housing uses permitted by conditional use.

(3)

Other uses.

a.

Telephone poles and lines.

b.

Local service power transmission lines and poles.

(c)

Conditional use or activities. The following are permitted as conditional uses or activities in A-1 districts:

(1)

Agriculturally related uses.

a.

Establishment or expansion of animal waste storage facilities when located within 500 feet of the residence of someone other than the owner of the system. In the case of pits, the 500-foot separation measurement shall begin at the edge of the liquid at the maximum capacity of the pit. 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.

Feedlots, when 100 or more animals are involved and when the feedlot is within 500 feet of and drains toward a navigable water body or within 500 feet of the residence of someone other than the feedlot owner.

d.

Fur farms.

e.

Livestock sale barns.

f.

Poultry raising when the operation involves in excess of 10,000 birds.

g.

Vegetable raising operations which employ mechanized irrigation techniques.

h.

Veterinary services and animal hospitals.

i.

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

j.

Stables.

k.

Mineral extractions: Type I and Type II, governmental only.

l.

Slaughterhouses.

(2)

Farm-related housing uses.

a.

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.

b.

Notwithstanding any other provision, any new dwelling unit proposed to be located within 500 feet of an existing liquid manure storage facility shall require special exception approval.

(3)

Other uses.

a.

Governmental and institutional uses.

b.

Churches and other religious uses and facilities.

c.

Electrical power generation facilities, electrical, and natural gas distribution facilities of a nonlocal service nature, facilities for storage or conversion of petroleum fuel and similar utility uses of a nonlocal service nature.

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. Where a dwelling is to be established under section 56-86(d) 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 56-86. 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 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 56-86(d).

(e)

Sewage systems and water supply. Each residential unit shall have its own sanitary waste disposal system 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.

(f)

Standards for conditional use.

(1)

In deciding applications for conditional use listed under subsection (c) of this section, the plan commission 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 conditional 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 plan commission 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.

(2)

In deciding applications for conditional use, the plan commission shall determine that the proposed additional dwelling unit is necessary to accommodate persons connected with the farm operations as defined herein. When there is doubt as to whether the need for the additional dwelling will be of a long-term nature, the commission shall encourage and may require use of a mobile home or other temporary structure 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)(2)a of this section, the commission 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 descriptions, when 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 special exception review shall be conducted and decided by the zoning administrator on behalf of the plan commission; the decision of the zoning administrator may be appealed to the plan commission. The conditional use fee and hearing shall be waived unless such an appeal is taken.

(3)

In deciding applications for conditional use permits to establish irrigated vegetable cropping, the commission 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 commission may require that the applicant make arrangements for reaching settlement with landowners or agencies which may be affected by the operation.

(Code 1991, § 13-1-35)

(a)

Purpose. The purposes of the Conservancy District is to discourage development and disturbances to the natural setting in areas with unique features, provide protected areas to ensure proper water conservation and flood control, give primary consideration to outdoor recreation and forestry pursuits and provide areas where native flora and fauna may prosper in a natural habitat.

(b)

Permitted uses. The following uses are permitted in the Conservancy District:

(1)

Management of forestry, wildlife, and fish.

(2)

Hunting, fishing, and trapping.

(3)

Harvesting of wild crops such as marsh hay, ferns, moss, fruit, berries, and tree seeds.

(4)

Bicycle, hiking, and equestrian trails.

(5)

Parks and forest preserves.

(6)

Transmission lines.

(c)

Conditional uses. Dams and water storage and pumping facilities, electric substations and booster stations, golf courses and public parking area uses are permitted conditionally in the Conservancy District, subject to the provisions of section 56-89:

(d)

Dimensional requirements.

(1)

Lot size. The minimum lot area is one acre, and the minimum lot width is 125 feet at the building line.

(2)

Yard for principal building. The front yard setback is 25 feet, the side yard setback is ten feet on each side and the rear yard setback is 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks for accessory buildings are ten feet.

(4)

Height. Maximum building height is 25 feet.

(Code 1991, § 13-1-33)

Editor's note— In addition to this chapter, many of the conservation areas are covered by the city flood prevention provisions in chapter 22.

(a)

Purpose. The Urban Transitional District (UT) is intended to prevent premature development at urban densities on otherwise suitable land which is not served by streets, utilities, and community facilities at the time of designation. The district also permits limited agricultural activity on land within the city limits.

(b)

Required conditions. No uses shall be permitted and no process, equipment, or material shall be employed which is found by the common council to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reasons of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or traffic or to involve any hazard of fire or explosion.

(c)

Permitted uses. The following uses are permitted in the Urban Transitional District:

(1)

Uses commonly classed as agriculture, horticultural, or forestry, including crop and tree farming, truck gardening, gardening (but not including animal husbandry), together with the operation of any machinery or vehicles incidental to the above uses, provided that the permitted agricultural pursuits are conducted in accord with good practice so as not to be deemed a nuisance.

(2)

Home occupations as defined in this chapter.

(3)

Parks, forest preserves, and recreational areas when publicly owned and operated.

(d)

Conditional uses. The following uses are permitted conditionally in the Urban Transitional District, subject to the provisions of section 56-89:

(1)

One-family detached dwellings.

(2)

Schools: elementary, secondary, and post-secondary.

(3)

Churches and places of public worship.

(4)

Sheltered care housing for elderly persons.

(5)

Rest homes and nursing homes.

(6)

Hospitals, sanatoriums, and clinics.

(7)

Funeral homes and crematoriums.

(8)

Cemeteries and mausoleums.

(9)

Golf courses.

(10)

Private nonprofit clubs and lodges.

(11)

Wholesale nursery operations.

(12)

Sale of goods produced on the premises, provided that only temporary stands and existing buildings are used for selling.

(13)

Public service uses, including filtration plants, pumping stations, water reservoirs, sewage treatment plants, garbage incinerators, sanitary landfills, garages and shops, storage yards, and police and fire stations.

(14)

Publicly regulated utility installations, including telephone exchanges, telephone service garages and shops, and electric substations and booster stations.

(15)

Animal husbandry.

(e)

Dimensional requirements.

(1)

Lot size. The minimum lot area is five acres, and the minimum lot width is 300 feet.

(2)

Yard for principal building. The front yard setback is 25 feet, the side yard setback is ten feet on each side and the rear yard setback is 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setback for accessory building is ten feet.

(4)

Height. Maximum building height is 25 feet.

(Code 1991, § 13-1-34)

(a)

Approach and turning zones for east-west runway. An airport approach zone is established at each end of the east and west airport runway located in the North Half of the Northeast Quarter of Section Twenty-seven in Township Thirty-four North, of Range Twelve West in the city in Barron County, Wisconsin. Such zone shall comprise all the land embraced within the following descriptions:

(1)

Zone at west end. Commencing at the southwest corner of the southwest quarter of the southeast quarter of Section Twenty-two of Township Thirty-four North, of Range Twelve West in the Town of Barron in Barron County, Wisconsin, running thence north 200 feet on the west line of the forty, running thence west 1310 feet to a point on the east line of the southwest quarter of the southwest quarter of the Section Twenty-two 200 ft. N. of Southeast corner thereof, running thence south along the east line to the southeast corner, continuing thence south along the east line to the southeast corner, continuing thence south along the east line of the Northwest Quarter of the Northwest Quarter of Section Twenty-seven of Township Thirty-four North of Range Twelve West in the city in the county, 600 feet running thence east 1310 feet to a point on the west line of the Northwest Quarter of the Northeast Quarter of the Section Twenty-seven, running thence north on the the west line 600 feet to the point of commencement, the described land abutting on the west end of the east-west runway of the Barron Municipal Airport located on the North one-half of the Northeast Quarter of the Section Twenty-seven.

(2)

Zone at east end. Commencing at a point on the South line of the Southeast Quarter of the Southeast Quarter of Section Twenty-two, Township Thirty-four North, of Range Twelve West in the Town of Barron in Barron County, 33 feet west of the Southeast corner thereof, running thence north 200 feet parallel with the east line thereof, running thence east 33 feet to the east line, continuing thence east 1317 ft. to a point on the east line of the Southwest Quarter of the Southwest Quarter of Section Twenty-three of the Township and Range 200 feet north of the Southeast corner thereof, running thence along the east line to the Southeast corner, continuing thence south 600 feet along the east line of the Northwest Quarter of the Northwest Quarter of Section Twenty-six of Township Thirty-four North, of Range Twelve West in the city in Barron County, Wisconsin, running thence west, 1317 feet to the west line thereof, continuing thence west 33 feet, running thence north 600 feet to the point of commencement.

(b)

Zone map. The zones established by this section shall be as described above, shown on the photo-map attached hereto, and adopted as part of this chapter.

(c)

Height zones. Except as otherwise provided in this section, no structure shall be constructed, altered, or permitted to remain after such construction, alteration, or location; and no tree shall be allowed to grow in excess of one foot in height for each 15 feet in distance away from each end of the runway.

(d)

Use restrictions. Notwithstanding any other provision of this section, no use may be made of land in an airport approach or turning zone in such a manner as to create electrical interference with radio communication between the airport and aircraft, or make it difficult for pilots to distinguish between airport lights and others, or result in glare in the eyes of pilots using the airport, or impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft. These restrictions shall not apply to legal fences or to farm crops that are cut at least once each year, or to railroad buildings, bridges or facilities, but shall apply to railroad, telegraph, telephone, and overhead signal system poles and wires.

(e)

Nonconforming uses. The regulations prescribed in this section shall not be construed to require the removal, lowering, or other change or alteration of any nonconforming use, or otherwise interfere with the continuance of any nonconforming use, except as otherwise specifically provided in this section. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, if the construction or alteration of such was begun prior to the effective date of the ordinance from which this division is derived and if such is diligently prosecuted. This section shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain.

(f)

Administration. It shall be the duty of the zoning administrator to administer and enforce the regulations prescribed in this section. Applications for permits and variances shall be made to the zoning administrator upon a form furnished by him. Applications which are, by this chapter, to be decided by the zoning administrator shall be promptly considered and granted or denied by him. Applications for action by the board of zoning appeals shall be forthwith transmitted by the zoning administrator to the board for hearing and decision.

(g)

Permits.

(1)

Future uses. No structure shall hereafter be constructed, erected, or installed, or be permitted to remain in any zone created in this section until the owner or his agent shall have applied in writing for a permit therefor and obtained such permit from the zoning administrator. The permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation, or establishment. No tree may be planted without a permit, and any tree planted without a permit or permitted to grow without planting may be ordered removed at any time by the zoning administrator or upon his finding that such tree violates or is about to violate the height restriction for the zone. Application for such permit shall indicate the use for which the permit is desired and shall describe and locate the use with sufficient particularity to permit the zoning administrator to determine whether such use would conform to the regulations herein prescribed. If such determination is in the affirmative, the zoning administrator shall issue the permit applied for.

(2)

Existing uses. Before any nonconforming structure or tree may be replaced, altered, or repaired, rebuilt, or replanted, a permit shall be applied for and secured in the manner prescribed by this section authorizing such change, replacement, or repair. No such permit shall be granted that would allow the structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance from which this division is derived, or than it is when the application for permit is made.

(h)

Hazard marking and lighting. Any permit or variance granted under this section may, if such action is deemed advisable by the zoning administrator to effectuate the purposes of this division and if such is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the owner of the airport, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to the flyers the presence of an airport hazard.

(Code 1991, § 13-1-16)