Brillion City Zoning Code

ARTICLE IV

ZONING DISTRICTS

Sec. 106-88.- Establishment.

(a)

For the purpose of this chapter, the city is hereby divided into 14 districts as follows:

A-1 agricultural district

R1 single-family residential district

R-MH residential mobile home district

R-2 two-family residential district

R-3 multifamily residential district

C-1 downtown commercial district

C-2 highway commercial district

I-1 light industrial district

I-2 heavy industrial district

ID institutional district

PD park district

CD conservancy district

PUD planned unit development district

S-W shoreland-wetland district

(b)

Boundaries of these districts are hereby established as shown on the maps entitled, "Zoning Map—City of Brillion, Wisconsin," and "Supplementary Floodland Zoning Map—City of Brillion, Wisconsin," which maps accompany the ordinance from which this chapter is derived and are made a part of this chapter. All notations and references shown on the maps are as much a part of this chapter as though specifically described in this section. This chapter hereby incorporates any future changes or any later zoning maps that may be adopted by ordinance of the city council.

(c)

The district boundaries in all districts, except the CD conservancy district, the shoreland/wetland and the floodplain district, shall be construed to follow corporate limits; U.S. public land survey lines; lot or property lines; centerlines of streets, highways, alleys and easements; and railroad rights-of-way or such lines extended.

(d)

Boundaries of the floodplain district shall be determined by use of the scale contained on the supplementary floodland zoning map. The boundaries of the floodplain district shall be determined by the floodland limits shown on the supplementary floodland zoning map. The flood stages, under floodway conditions, contained on the supplementary floodland zoning map, were developed from technical data contained in the Flood Insurance Study Maps, City of Brillion, Calumet County, Wisconsin, with corresponding profiles and the flood insurance study from the Federal Emergency Management Agency (FEMA) dated December 15, 1980. Where a conflict exists between the floodland limits as shown on the supplementary floodland zoning map and actual field conditions, the elevations from the 100-year recurrence interval flood profile shall be the governing factor in locating the regulatory floodland limits.

(e)

Boundaries of the CD conservancy district were based on the Wisconsin Wetland Inventory Maps for the City of Brillion, dated May 18, 1994, and stamped "final," and include, but are not limited to, all shoreland wetlands, five acres or greater in area shown on those maps.

(f)

Vacation of public streets and alleys shall cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(g)

Annexations to or consolidations with the city subsequent to the effective date of the ordinance from which this chapter is derived shall be placed in the A-1 agricultural district, unless the annexation ordinance temporarily places the land in another district. Within one year, the city plan commission shall evaluate and recommend a permanent classification to the city council. Annexations containing floodlands and shorelands shall be governed in the following manner:

(1)

Annexations containing floodlands shall be governed by the provisions of the county floodplain zoning ordinance until such time that the state department of natural resources (DNR) certifies that amendments to this chapter meet the requirements of Wis. Admin. Code ch. NR 116.

(2)

Annexations containing shorelands. Pursuant to Wis. Stats. § 59.692(7), any annexation of land after May 7, 1982, which lies within shorelands shall be governed by the provisions of the county shoreland/wetland zoning ordinance until such time that the city adopts an ordinance which is at least as restrictive as the county shoreland zoning ordinance. Such regulations shall be administered and enforced by the city building inspector.

(Ord. No. OR98-24, § I(106.0401), 10-26-1998; Ord. No. OR00-11, § I, 5-22-2000; Ord. No. OR06-06, § 1, 6-26-2006; Ord. No. OR16-02, § I, 4-25-2016)

Sec. 106-89. - Zoning map.

A certified copy of the zoning map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the city mayor and the city clerk/treasurer and shall be available to the public in the office of the city clerk/treasurer. Changes, thereafter, to the general zoning districts shall not become effective until entered and attested on the certified copy.

(Ord. No. OR98-24, § I(106.0402), 10-26-1998)

Sec. 106-90. - A-1 agricultural district.

(a)

Intent. The A-1 agricultural district is intended to provide for the continuation of general farming and related uses in those areas of the city that are not yet committed to urban development. It is further the intent of this A-1 district to protect lands contained in such district from urban development until their orderly transition into urban oriented districts is required.

(b)

Permitted uses. Permitted uses in the A-1 district are as follows:

(1)

General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture.

(2)

Keeping and raising of domestic stock for agribusiness, show, breeding or other purposes incidental to the principal use of the premises, subject to the following limitations:

No more than one horse, cow, sheep or similar animal, over six months of age, shall be kept for each two acres;

No more than five chickens, ducks or similar poultry, over two months of age, shall be kept for each acre;

No more than eight rabbits or hares, over two months of age, shall be kept for each acre;

The keeping and raising of hogs or fur-bearing animals, except rabbits, is prohibited; or

Combinations of the above shall be apportioned to the total acreage, and the building inspector shall determine the total number of animals allowed.

(3)

Existing dwellings not accessory to any farm operation or a dwelling remaining after farm consolidation.

(4)

Essential services.

(c)

Permitted accessory uses. Permitted accessory uses in the A-1 district are as follows:

(1)

Customary accessory buildings, including not more than one roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign and other provisions of this chapter.

(2)

One farm dwelling per operating farm.

(3)

Satellite dish antennas located in the rear yard.

(4)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the A-1 district see sections 106-122.

(e)

Lot area and width.

(1)

Lots in the A-1 district shall have a minimum area of five acres and shall be not less than 300 feet in width.

(2)

Lots in the A-1 district with existing nonfarm dwellings or lots with dwellings remaining after farm consolidation shall provide a minimum lot area of 40,000 square feet and shall be not less than 150 feet in width.

(f)

Building height and area.

(1)

No dwelling or part of a dwelling in the A-1 district shall exceed 35 feet in height. Farm buildings shall not exceed 100 feet in height. Other accessory buildings shall not exceed 15 feet in height.

(2)

The total minimum floor area of a dwelling in the A-1 district shall be 1,000 square feet.

(3)

The minimum first floor area of a bi-level or two-story dwelling in the A-1 district shall be 800 square feet.

(4)

A tri-level dwelling in the A-1 district shall have a minimum living area of 350 square feet per level.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 50 feet from the street right-of-way in the A-1 district.

(2)

There shall be a side yard on each side of all buildings of not less than 25 feet in width in the A-1 district.

(3)

There shall be a rear yard of not less than 25 feet in the A-1 district.

(h)

Erosion control.

(1)

Topsoil removal and the sale of topsoil removed from a parcel is a conditional use in all districts except the CD conservancy district. The plan commission shall require the use of adequate soil erosion control measures to prevent pollution of surface waters caused by runoff.

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

Plans and specifications to be submitted to city building inspector. To encourage an environment that is compatible with the residential character of the city, building permits for permitted uses in the A-1 agricultural district shall not be issued without review and approval of the city building inspector in accordance with the guidelines set forth in sections 1003 through 1007 [106-242 through 106-246]. Such review and approval shall be concerned with general layout, building plans, ingress, egress and parking.

(Ord. No. OR98-24, § I(106.0403), 10-26-1998; Ord. No. OR-06-11, § I, 6-26-2006)

Sec. 106-91. - R1 single-family residential district.

(a)

Intent. The R1 district is established to protect the integrity of the residential areas by prohibiting incursion of incompatible residential and nonresidential uses, maintaining residential areas predominately by single-family, detached dwellings.

(b)

Performance standards.

(1)

Compatibility.

All uses shall be compatible with the character of a one-family residential zone.

All structures shall conform and compliment the general character of the surrounding neighborhood.

(2)

Design.

Overall size and shape of structures should be similar to surrounding homes.

Architectural detail should be as similar as possible to surrounding homes.

Homes should be placed on their sites in a pattern similar to neighboring homes.

Provide doors, windows and elements such as porches or stoops that follow neighborhood patterns.

(3)

Principal permitted uses.

Single-family dwellings.

Community living arrangements which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

Foster family homes.

Family day care homes.

Essential services.

(4)

Permitted accessory uses.

Private garages and attached carports.

Gardening, tool and storage sheds incidental to the residential use.

Minor structures such as pet houses and play equipment incidental to the residential use, in rear yard.

Satellite dish antennas located in the rear yard. Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(5)

Conditional uses. Reference section 106-123.

(6)

Prohibited uses.

Agriculture, except for small home gardens for personal use.

Any other use which is neither a permitted use nor an authorized conditional use.

(c)

Lot dimension requirements.

(1)

Minimum lot area: 8,000 square feet.

(2)

Minimum street frontage, measured from street right-of-way: 50 feet.

(3)

Minimum lot width at building line: 50 feet.

(4)

Minimum lot frontage at corner lots: 100 feet.

(5)

Minimum setbacks:

Street yard: 25 feet.

Side yard: Eight feet, with a total of 20 feet.

Rear yard: 25 feet.

(d)

Building standards.

(1)

Maximum building height: 35 feet.

(2)

Maximum lot coverage: 35 percent principal building, 50 percent total.

(3)

Minimum living space area: 960 square feet.

(4)

Minimum bi-level and two story first floor area: 800 square feet.

(5)

Minimum floor area tri-level: 550 square feet per level.

(6)

Maximum attached garage gross floor area: 1000 square feet.

(e)

Accessory building standards.Section 106-168 (yards, fences and pools).

(f)

Landscape standards. Reference subsection 106-168(6).

(g)

Yard modifications. Reference section 106-168.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

Plans and specifications to be submitted to city building inspector. To encourage a single-family residential environment that is compatible with the residential character of the city, building permits for permitted uses in the R1 single-family residential district, shall not be issued without review and approval of the city building inspector in accordance with the guidelines set forth in sections 106-242 through 106-246. Such review and approval shall be concerned with general layout, building plans, ingress, egress and parking.

(Ord. No. OR16-02, § I, 4-25-2016; Ord. No. OR19-05, § I, 6-10-2019; Ord. No. OR20-07, § I, 9-28-2020)

Secs. 106-91.1—106-91.4. - Reserved.

Editor's note— Ord. No. 16-02, § I, adopted April 25, 2016, repealed §§ 106-91.1—106-91.4, which pertained to several residential districts and derived from Ord. No. OR06-05, § 1, adopted June 26, 2016; and Ord. No. OR07-05, § I, adopted April 28, 2007.

Sec. 106-92. - R-2 two-family residential district.

(a)

Intent. The R-2 residential district is intended to provide for two-family residential development at densities not to exceed 4.1 dwelling units per net acre.

(b)

Permitted uses. Permitted uses in the R-2 district are as follows:

(1)

Single-family/two-family dwellings.

(2)

Community living arrangements which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(3)

Foster family homes.

(4)

Family day care homes.

(5)

Essential services.

(c)

Permitted accessory uses.

(1)

Private attached garages and carports.

(2)

Section 106-168 (yards, fences and pools).

(3)

Satellite dish antennas located in the rear yard.

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(5)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the R-2 district see sections 106-122, 106-123 and 106-125.

(e)

Lot area and width. Lots in the R-2 district shall be a minimum of 10,500 square feet in area and shall be not less than 80 feet in width. Corner lots shall be a minimum of 110 feet in total width.

(f)

Building height and area.

(1)

No principal building or part of a principal building in the R-2 district shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height or the height of the principal building.

(2)

The total minimum floor area of a principal building in the R-2 district shall be 1,400 square feet.

(3)

The minimum first floor area of a bi-level or two-story dwelling in the R-2 district shall be 1,000 square feet.

(4)

A tri-level dwelling in the R-2 district shall have a minimum living area of 450 square feet per level.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 25 feet from the street right-of-way in the R-2 district.

(2)

There shall be a side yard on each side of all buildings of not less than eight feet in width, for a total of 20 feet in the R-2 district.

(3)

There shall be a rear yard of not less than 25 feet in the R-2 district.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control in the R-2 district.

(i)

Plans and specifications to be submitted to city building inspector. To encourage a two-family residential environment that is compatible with the residential character of the city, building permits for permitted uses in the R-2 two-family residential district shall not be issued without review and approval of the city building inspector in accordance with the guidelines set forth in sections 1003—1007 (106-242—106-246). Such review and approval shall be concerned with general layout, building plans, ingress, egress and parking.

(Ord. No. OR98-24, § I(106.0405), 10-26-1998; Ord. No. OR99-02, § I(106.0405(b)(2)), 3-8-1999; Ord. No. 99-11, § I, 9-13-1999; Ord. No. OR00-19, § I, 10-23-2000; Ord. No. OR20-08, § I, 9-28-2020)

Sec. 106-93. - R-3 multifamily residential district.

(a)

Intent. The R-3 residential district is intended to provide for multifamily residential development at densities not exceeding 12 dwelling units per floor.

(b)

Permitted uses. Permitted uses in the R-3 district are as follows:

(1)

Single-family, two-family and multifamily dwellings.

(2)

Community living arrangements which have a capacity for 15 or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(3)

Foster family homes.

(4)

Family day care homes.

(5)

Essential services.

(c)

Permitted accessory uses. Permitted accessory uses in the R-3 district are as follows:

(1)

Attached/detached garages or underground parking shall be provided at a rate of one space per detached unit.

(2)

Section 106-168 (yards, fences and pools).

(3)

Outside parking shall be provided at the rate of one space per unit. A compact landscaping hedge, random landscaping screen or landscaped undulating berm shall be located directly adjacent to parking and driveway areas facing public streets. Adequate space shall be left between the landscaping material and the edge of the parking lot for snow storage and removal. Parking lots, including aisles, in the multifamily residential district shall be setback a minimum of 25 feet from any single-family or two-family residential side or rear lot line.

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(d)

Conditional uses. For conditional uses in the R-3 district see sections 106-122, 106-123 and 106-125.

(e)

Lot area and width.

(1)

Lots in the R-3 district shall be a minimum of 22,000 square feet in area, and no dwelling unit shall have a lot area of less than the following:

Efficiency apartments: 3,630 square feet per dwelling unit.

One-bedroom apartments: 4,356 square feet per dwelling unit.

Two-bedroom or larger apartments: 5,445 square feet per dwelling unit.

(2)

No lot in the R-3 district shall be less than 110 feet in width. Corner lots shall be not less than 130 feet in width.

(f)

Building height and area.

(1)

No principal building or part of a principal building in the R-3 district shall exceed 60 feet in height. No accessory building shall exceed 15 feet in height.

(2)

The total minimum floor area of a principal building in the R-3 district shall be as follows:

Efficiency dwelling unit: 500 square feet per dwelling unit.

One-bedroom dwelling unit: 540 square feet per dwelling unit.

Two-bedroom or larger dwelling unit: 720 square feet per dwelling unit.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 25 feet from the street right-of-way in the R-3 district.

(2)

There shall be a side yard on each side of all buildings of not less than ten feet in width in the R-3 district.

(3)

There shall be a rear yard of not less than 25 feet in the R-3 district.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

Plans and specifications to be submitted to city plan commission. To encourage a multifamily residential environment that is compatible with the residential character of the city, building permits for permitted uses in the R-3 multifamily residential district shall not be issued without review and approval of the city plan commission in accordance with the guidelines set forth in sections 106-242—106-246. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping and open space utilization.

(Ord. No. OR98-24, § I(106.0408), 10-26-1998; Ord. No. 99-11, § I, 9-13-1999; Ord. No. OR13-08, § 1, 10-28-2013; Ord. No. OR17-09, § I, 11-13-2017; Ord. No. OR20-09, § I, 9-28-2020)

Sec. 106-94. - C-1 commercial district-downtown.

(a)

Intent. The C-1 commercial district-downtown, intended to provide for the orderly appropriate regulations to ensure the compatibility of the diverse uses typical of the downtown area without inhibiting the potential for maximum development of commercial, cultural, entertainment and other activities which contribute to its role as the heart of the city intended to provide for orderly attractive grouping at appropriate locations.

(b)

Permitted uses. Permitted uses in the C-1 district are as follows:

(1)

Administrative and public service offices.

(2)

Antique and collector's stores.

(3)

Appliance stores.

(4)

Art galleries.

(5)

Bakeries.

(6)

Banks, savings and loan associations and other financial institutions.

(7)

Barber and beauty shops.

(8)

Book or stationery stores.

(9)

Bowling alleys.

(10)

Business offices.

(11)

Camera and photographic supply stores.

(12)

Clinics.

(13)

Clothing stores.

(14)

Confectioneries, soda fountains and ice cream stores.

(15)

Delicatessens.

(16)

Department stores.

(17)

Drugstores.

(18)

Electronic equipment sales, service and repair.

(19)

Florists.

(20)

Furniture stores.

(21)

Furriers and fur apparel.

(22)

Gift stores.

(23)

Grocery stores and specialty foodstores.

(24)

Hardware stores.

(25)

Hobby and craft shops.

(26)

Hotels and motels.

(27)

Insurance sales offices.

(28)

Interior decorators.

(29)

Jewelry stores.

(30)

Law offices.

(31)

Lodges and clubs.

(32)

Medical clinics.

(33)

Music stores.

(34)

Newspaper and magazine stores.

(35)

Office supplies and business machine stores.

(36)

Optical stores.

(37)

Packaged beverage stores.

(38)

Paint, glass and wallpaper stores.

(39)

Parking lots and structures.

(40)

Physical fitness centers.

(41)

Plumbing and heating supplies.

(42)

Professional offices of an architect, engineer, landscape architect, lawyer, accountant, doctor, Christian Science practitioner, dentist, optometrist, clergy or other similarly recognized professions.

(43)

Public utility offices.

(44)

Publishing houses.

(45)

Radio and television broadcast studios without transmitting or receiving towers.

(46)

Real estate sales offices.

(47)

Restaurants, except drive-in restaurants.

(48)

Self-service laundry and dry cleaning establishments.

(49)

Shoe stores and leather goods stores.

(50)

Soda fountains and ice cream stores.

(51)

Sporting goods stores.

(52)

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

(53)

Tailor or dressmaking shops.

(54)

Taverns and cocktail lounges.

(55)

Theaters.

(56)

Tobacco stores.

(57)

Travel agency.

(58)

Variety stores.

(59)

Video tape sales and rental.

(60)

Other similar businesses.

(c)

Permitted accessory uses. Permitted accessory uses in the C-1 district are as follows:

(1)

Garages located in the rear yard used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located on a non-ground level in the same building as the business.

(4)

Rental efficiency, one bedroom and two bedroom apartments located on a non-ground level in the same building as the business, provided there shall be a minimum floor area of 350 square feet for an efficiency apartment, 500 square feet for a one-bedroom apartment and 600 square feet for a two-bedroom apartment.

(5)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(6)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the C-1 district see section 106-124.

(e)

Lot area and width. Lots in the C-1 district shall provide sufficient area and width for the principal structure and its accessory structures, off-street parking and loading areas, and required yards.

(f)

Building height and area. No principal building or parts of a principal building in the C-1 district shall exceed 45 feet in height. No accessory building shall exceed 15 feet in height.

(g)

Building design and construction requirements: C1 commercial district. Any buildings hereinafter constructed, expanded, remodeled or otherwise improved within this district shall be designed in such a manner so that it provides a basic harmony with and does not detract from the overall attractiveness of surrounding development. Any improvements within pedestrian view from Main Street shall be constructed of the following materials:

Brick.

Concrete masonry. Units shall be those generally described by the National Concrete Masonry Association as "customized architectural concrete masonry units" or shall be broken faced brick type units with marble aggregate or split face or broke off concrete block. There shall be no exposed concrete block on the exterior of any building. Any concrete masonry units that have a gray cement color shall be coated.

Concrete may be poured-in-place, tilt-up, or precast. Poured-in-place and tilt-up walls shall have a finish of stone, a texture or a coating. Textured finish, except in special cases, shall be coated. Precast units which are not uniform in color shall be coated. Coating shall be an approved cementatious or epoxy type with a ten-year minimum life expectancy.

Natural stone.

Wood.

Any other material approved by the plan commission.

(h)

Setback and yards.

(1)

No minimum setback shall be required in the C-1 district.

(2)

No minimum side yard is required in the C-1 district, except as provided in section 106-46.

(3)

There shall be a rear yard of not less than 25 feet in the C-1 district.

(i)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(j)

Plans and specifications to be submitted to the city building inspector. To encourage a business environment that is compatible with the historic and residential character of the C-1 commercial district, building permits for permitted uses in the C-1 commercial district shall not be issued without review of the building inspector in accordance with the guidelines set forth in sections 1003 through 1007 [106-242 through 106-246]. Such review and approvals shall be concerned with general layout, building plans, architectural design, ingress, egress, parking, landscaping, and open space utilization. Review and approval of new construction or exterior remodeling ensures that the proposed improvements are architecturally compatible with the general character of the surrounding neighborhood and the aesthetic goals of the community, and that the relationship of existing or proposed structures and uses on the site are compatible with adjoining properties.

(Ord. No. OR98-24, § I(106.0409), 10-26-1998; Ord. No. OR03-04, § 1-27-2003; Ord. No. OR04-04, § 1, 7-27-2004; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-95. - C-2 commercial district-highway.

(a)

Intent. The C-2 commercial district-highway is intended to provide for the orderly and attractive grouping at appropriate locations along principal highway routes of those businesses and customer services which are logically related to and dependent upon highway traffic or which are specifically designed to serve the need of such traffic.

(b)

Permitted uses. Permitted uses in the C-2 district are as follows:

(1)

Any use permitted in the C-1 downtown commercial district.

(2)

Automotive, marine and aircraft sales and service.

(3)

Banks, savings and loan, and other financial institutions, including drive-in facilities.

(4)

Bowling alleys.

(5)

Building supply stores, excluding lumberyards.

(6)

Commercial day care centers.

(7)

Convenience foodstores.

(8)

Equipment rental facilities.

(9)

Indoor tennis and racquetball courts and physical fitness centers.

(10)

Garden centers.

(11)

Gasoline service stations, provided that all service islands and pumps shall meet the setback and yard requirements.

(12)

Hotels and motels.

(13)

Restaurants, including drive-in restaurants.

(c)

Permitted accessory uses. Permitted accessory uses in the C-2 district are as follows:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(4)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the C-2 district see section 106-124.

(e)

Lot area and width. Lots in the C-2 district shall have a minimum area of 20,000 square feet and shall be not less than 90 feet in width.

(f)

Building height and area. No principal building or parts of a principal building in the C-2 district shall exceed 45 feet in height. No accessory building shall exceed 15 feet in height.

(g)

Setback and yards.

(1)

There shall be a minimum building setback of 25 feet from the right-of-way of all streets in the C-2 district.

(2)

There shall be a side yard on each side of all buildings of not less than 20 feet in the C-2 district.

(3)

There shall be a rear yard of not less than 25 feet in the C-2 district.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

Plans and specifications to be submitted to the plan commission. To encourage a business environment that is compatible with the residential character of the city, building permits for permitted uses in the C-2 commercial highway district shall not be issued without review and approval of the city plan commission in accordance with the guidelines set forth in sections 1003 through 1007 [106-242 through 106-246]. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping and open space utilization.

(Ord. No. OR98-24, § I(106.0412), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-96. - I-1 light industrial district.

(a)

Intent. The I-1 light industrial district is intended to provide for manufacturing, industrial and related uses of a limited nature and size, which on the basis of actual physical and operational characteristics would not be detrimental to the surrounding area or to the city as a whole by reason of smoke, noise, dust, odor, traffic, physical appearance or other similar factors.

(b)

Permitted uses. Uses permitted in the I-1 district are assembly, processing, manufacturing and/or storage of the following:

(1)

Automotive body repair.

(2)

Automotive upholstery and automotive accessories.

(3)

Apparel and findings, and related products.

(4)

Automatic temperature controls.

(5)

Blank books, loose-leaf binders and binding devices.

(6)

Books: publishing, printing and binding.

(7)

Brooms and brushes.

(8)

Candy and confectionery products.

(9)

Cereal preparations.

(10)

Cleaning, dressing and dyeing.

(11)

Commercial bakery.

(12)

Commercial greenhouses.

(13)

Curtains and draperies.

(14)

Dental equipment and supplies.

(15)

Dress and work gloves.

(16)

Electrotyping and stereotyping.

(17)

Electrical appliances.

(18)

Electronic devices.

(19)

Engineering, laboratory, scientific and research instruments and related equipment.

(20)

Envelopes.

(21)

Fabric, broad and narrow woven.

(22)

Felt goods.

(23)

Flavor extracts and flavor syrups.

(24)

Floor coverings limited to rugs and carpeting.

(25)

Food locker plants.

(26)

Footwear.

(27)

Fresh or frozen fruits, fruit juices, vegetables and specialties.

(28)

Glass manufacturing.

(29)

Greeting cards.

(30)

Hats, caps and millinery.

(31)

Household furniture and furnishings.

(32)

Ice.

(33)

Ice cream and frozen desserts.

(34)

Jewelry manufacturing.

(35)

Knit goods.

(36)

Laboratories.

(37)

Lace goods.

(38)

Lamp shades.

(39)

Leather fabrication, not including tanning.

(40)

Luggage.

(41)

Macaroni, spaghetti, vermicelli and noodles.

(42)

Machine shops.

(43)

Manifold business forms.

(44)

Manufacturing and bottling of nonalcoholic beverages.

(45)

Mechanical measuring and controlling instruments.

(46)

Men's, youths' and boys' furnishings, work clothing and allied garments.

(47)

Morticians' goods.

(48)

Musical instruments and parts.

(49)

Newspapers: publishing and printing.

(50)

Office furniture.

(51)

Ophthalmic goods.

(52)

Optical instruments and lenses.

(53)

Orthopedic, prosthetic and surgical appliances and supplies.

(54)

Packaging and assembly of products made from fur.

(55)

Paper coating and glazing.

(56)

Partitions, shelving, lockers and office and store fixtures.

(57)

Pens, pencils and other office and artist materials.

(58)

Periodicals: publishing and printing.

(59)

Pharmaceutical processing.

(60)

Photoengraving instruments and apparatus.

(61)

Photographic equipment and supplies.

(62)

Pleating, decorative and novelty stitching and tucking for the trade.

(63)

Pressed and molded pulp goods.

(64)

Printing and publishing.

(65)

Raincoats and other waterproof outer garments.

(66)

Rice milling.

(67)

Robes and dressing gowns.

(68)

Sanitary paper products.

(69)

Self-service storage facilities (miniwarehouses).

(70)

Sign and other advertising display manufacturing.

(71)

Silverware and plated ware.

(72)

Surgical and medical instruments and apparatus.

(73)

Textiles, dyeing and finishing.

(74)

Tire cord and fabric.

(75)

Toys, amusement, sporting and athletic goods.

(76)

Typesetting.

(77)

Umbrellas, parasols and canes.

(78)

Venetian blinds and shades.

(79)

Wallpaper.

(80)

Warehousing.

(81)

Watches, clocks, clockwork operated devices and parts.

(82)

Wholesaling.

(83)

Women's, misses', juniors', girls' and infants' furnishings, work and dress garments.

(84)

Wool scouring, worsted combing and towing to top.

(85)

Yarns and threads.

(86)

Other similar businesses.

(c)

Permitted accessory uses. Permitted accessory uses in the I-1 district are as follows:

(1)

Off-street parking and loading areas (section 106-148).

(2)

Office, storage, power supply and other uses normally auxiliary to the principal industrial operation.

(3)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(4)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the I-1 district see section 106-125.

(e)

Certain incompatible uses prohibited. The following uses are considered to be incompatible with the residential characteristics of the city and surrounding area and are herewith prohibited in the I-1 district:

(1)

Manufacturing of ammonia, asbestos, asphalt, cement, chlorine, coal tar, creosote, explosives, fertilizer, glue, gypsum, insecticide, lampblack, poison, pulp, pyroxylin and radium.

(2)

Processing ammonia, asbestos, asphalt, cabbage, chlorine, coal tar, creosote, explosives, fertilizer, fish, glue, grease, gypsum, insecticides, lampblack, offal, poison, pulp, pyroxylin and radioactive materials.

(3)

Storage of bulk fertilizer, explosives, gasoline in excess of 50,000 gallons, grease and radioactive materials.

(4)

Animal reduction facilities, forges, foundries, garbage incinerators, junkyards, rubbish storage, slaughterhouses, stockyards and tanneries.

(f)

Lot area and width. Lots in the I-1 district shall have a minimum area of 20,000 square feet and shall be not less than 100 feet in width.

(g)

Building height and area.

(1)

No principal building or parts of a principal building in the I-1 district shall exceed 60 feet in height. No accessory building shall exceed 15 feet in height or the height of the main structure.

(2)

The minimum area of the principal manufacturing building in the I-1 district shall be a minimum of 7.5 percent of the lot area or 5,000 square feet, whichever is smaller.

(3)

The sum total of all buildings in the I-1 district shall not occupy more than 50 percent of the lot area.

(h)

Setback and yards.

(1)

There shall be a minimum building setback of 50 feet from the right-of-way of all streets in the I-1 district.

(2)

There shall be a side yard on each side of all buildings of not less than ten feet in the I-1 district.

(3)

There shall be a rear yard of not less than 25 feet in the I-1 district.

(i)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(j)

Plans and specifications to be submitted to city plan commission. To encourage a manufacturing and industrial environment that is compatible with the residential character of the city, building permits for permitted uses in the I-1 light industrial district shall not be issued without review and approval of the city plan commission in accordance with the guidelines set forth in sections 1003 through 1007 [106-242 through 106-246]. Such review and approval shall be concerned with general layout, building plans, ingress and utilization.

(Ord. No. OR98-24, § I(106.0413), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-97. - I-2 heavy industrial district.

(a)

Intent. The I-2 heavy industrial district is intended to provide for manufacturing and industrial development of a more general and less restrictive nature than the I-1 light industrial district in those areas where the relationship to surrounding land use would create fewer problems of compatibility. The I-2 district should not normally abut directly upon residential districts.

(b)

Permitted uses. Permitted uses in the I-2 district are as follows:

(1)

Those uses permitted in the I-1 light industrial district.

(2)

Auto body repair, engine repair.

(3)

Automobile, marine and aircraft manufacturing.

(4)

Coating, engraving and allied services.

(5)

Construction, mining and materials handling machinery and equipment; manufacturing and repair of.

(6)

Cutlery, hand tools and general hardware manufacturing.

(7)

Electric lighting and wiring equipment manufacturing.

(8)

Electrical industrial apparatus manufacturing.

(9)

Electrical transmission and distribution equipment manufacturing.

(10)

Electrometallurgical products manufacturing.

(11)

Engine and turbine manufacturing.

(12)

Farm machinery and equipment manufacturing.

(13)

Fine earthenware, table and kitchen articles manufacturing.

(14)

Glass and glass container manufacturing.

(15)

Heating apparatus and plumbing fixtures manufacturing.

(16)

Household appliance manufacturing.

(17)

Inflammable gases and liquids storage, not to exceed 50,000 gallons.

(18)

Metal container manufacturing.

(19)

Metal products manufacturing, fabricating and distribution.

(20)

Motorcycle and bicycle manufacturing.

(21)

Nonhazardous chemical manufacturing, processing or use.

(22)

Office, computing and accounting machine manufacturing.

(23)

Small arms ammunition manufacturing.

(24)

Screw machine products, bolts, nuts, screws, rivets and washer manufacturing.

(25)

Signaling and fire control equipment manufacturing.

(26)

Wire products manufacturing.

(27)

Other similar businesses.

(c)

Permitted accessory uses. Permitted accessory uses in the I-2 district are as follows:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Office, storage, power supply and other uses normally auxiliary to the principal industrial operation.

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(5)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the I-2 district see section 106-125.

(e)

Certain incompatible uses prohibited. For certain incompatible prohibited uses see section 106-96.

(f)

Lot area and width. Lots in the I-2 district shall have a minimum area of 20,000 square feet and shall be not less than 100 feet in width.

(g)

Building height and area.

(1)

No principal building or parts of a principal building in the I-2 district shall exceed 60 feet in height. No accessory building shall exceed 15 feet in height or the height of the principal structure.

(2)

The minimum area of the principal manufacturing building in the I-2 district shall be a minimum of 7.5 percent of the lot area or 5,000 square feet, whichever is smaller.

(3)

The sum total of all buildings in the I-2 district shall not occupy more than 50 percent of the lot area.

(h)

Setback and yards.

(1)

There shall be a minimum building setback of 50 feet from the right-of-way of all streets in the I-2 district.

(2)

There shall be a side yard on each side of all buildings of not less than ten feet in the I-2 district.

(3)

There shall be a rear yard of not less than 25 feet in the I-2 district.

(i)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(j)

Plans and specifications to be submitted to the plan commission. To encourage a manufacturing and industrial environment that is compatible with the residential character of the city, building permits for permitted uses in the I-2 heavy industrial district shall not be issued without review and approval of the city plan commission in accordance with the guidelines set forth in sections 1003 through 1007 [106-242 through 106-246]. Such review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping and open space utilization.

(Ord. No. OR98-24, § I(106.0414), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-98. - ID institutional district.

(a)

Intent. The ID institutional district is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent.

(b)

Permitted uses. Permitted uses in the ID district are as follows:

(1)

Public or private schools, colleges and universities.

(2)

Churches.

(3)

Funeral homes.

(4)

Hospitals, sanitariums, nursing homes and clinics.

(5)

Libraries, community centers, museums and public art galleries.

(6)

Public administrative offices and public service buildings, including fire and police stations.

(7)

Public utility offices.

(c)

Permitted accessory uses. Permitted accessory uses in the ID district are as follows:

(1)

Residential quarters for caretakers or clergy.

(2)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(3)

Service buildings and facilities normally accessory to the permitted use.

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(5)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the ID district see section 106-126.

(e)

Lot area and width. Lots in the ID district shall be a minimum area of 10,000 square feet in area and shall not be less than 80 feet in width. Corner lots shall be not less than 100 feet in width.

(f)

Building height and area.

(1)

Principal and accessory building heights shall be reviewed and approved by the city plan commission.

(2)

Residential uses permitted in the I-D district shall comply with the building area requirements of the R1 single-family residential district.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 35 feet from the street right-of-way in the ID district.

(2)

There shall be a side yard on each side of all buildings not less than six feet in width in the ID district.

(3)

There shall be a rear yard of not less than 25 feet in the ID district.

(h)

Erosion control. There are no provisions for erosion control for the ID district.

(i)

Plans and specifications to be submitted to the plan commission. To encourage an institutional use environment that is compatible with the residential character of the city, building permits for permitted uses in the ID institutional district shall not be issued without review and approval of the city plan commission in accordance with the guidelines set forth in sections 1003—1007 [106-242—106-246]. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping and open space utilization.

(Ord. No. OR98-24, § I(106.0415), 10-26-1998; Ord. No. OR01-11, § I, 11-12-2001; Ord. No. OR06-11, § I, 6-26-2006; Ord. No. OR16-02, § I, 4-25-2016)

Sec. 106-99. - PD park district.

(a)

Intent. The PD park district is intended to provide for areas where the open space and recreational needs, both public and private, of the citizens of the city can be met without undue disturbance of natural resources and adjacent uses.

(b)

Permitted uses. Permitted uses in the PD district are as follows:

(1)

Botanical gardens and arboretums.

(2)

Exhibition halls.

(3)

Fairgrounds.

(4)

Golf courses without country club facilities.

(5)

Historic monuments or sites.

(6)

Hiking, biking and nature trails.

(7)

Neighborhood tot lots.

(8)

Outdoor skating rinks.

(9)

Park and playgrounds.

(10)

Picnicking areas.

(11)

Playfields or athletic fields.

(12)

Public art galleries.

(13)

Sledding [areas].

(14)

Swimming pools.

(15)

Tennis courts.

(16)

Other similar usage.

(c)

Permitted accessory uses. Permitted accessory uses in the PD district are as follows:

(1)

Buildings accessory to the permitted use.

(2)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the PD district see section 106-126.

(e)

Building height. No building or part of a building in the PD district shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height.

(f)

Yards. No building or structure in the PD district shall be erected, altered or moved closer than 40 feet to a lot line.

(g)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(h)

Plans and specifications to be submitted to the plan commission. To encourage a recreational use environment that is compatible with the residential character of the city, building permits for permitted uses in the PD district shall not be issued without review and approval of the city plan commission and park and recreation commission in accordance with the guidelines set fort in sections 1003 through 1007 [106-242 through 106-246]. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading, and landscape plans. Municipally owned facilities shall be exempt from site plan review.

(Ord. No. OR98-24, § I(106.0416), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-100. - CD conservancy district.

(a)

Intent. The CD conservancy district is intended to preserve, protect and enhance the ponds, streams and wetland areas of the city. The preservation, protection and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; prevent flood damage; control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities; avoid the location of structures on soils which are generally not suitable for use; and protect the water-based recreation resources of the city.

(b)

Permitted uses. Permitted uses in the CD district are as follows:

(1)

Hiking, fishing and snowmobiling, unless prohibited by other laws and ordinances.

(2)

Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops, and that does not involve filling, flooding, draining, dredging, ditching, tilling or excavating.

(3)

Silviculture, including the planting, thinning and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tilling or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silvicultural activities if not corrected.

(4)

Agricultural cultivation and pasturing, provided that the use does not involve extension of or creation of new drainage systems and further provided that the use does not substantially disturb or impair the natural fauna, flora, topography or water regimen.

(5)

Ditching, tilling, dredging, excavating or filling done to maintain or repair an existing drainage system only to the extent necessary to maintain the level of drainage required to continue the existing use.

(6)

The construction and maintenance of walkways, including those built on pilings.

(7)

The maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.

(8)

Other similar businesses.

(c)

Conditional uses. For conditional uses in the CD district see section 106-128.

(d)

Prohibited uses. Any use not listed as a permitted use or a conditional use is prohibited in the CD district unless the CD district lands concerned are first rezoned into another district.

(e)

Erosion control.

(1)

(2)

See article XI of this chapter for additional provisions about erosion control.

(Ord. No. OR98-24, § I(106.0417), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-101. - PUD planned unit development district.

(a)

Intent. The PUD planned unit development district is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building types, and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD district under this chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements set forth in the underlying basic zoning district.

(b)

Permitted uses. Uses permitted in a PUD district shall conform to uses generally permitted in the underlying basic use district. Individual structures shall comply with the specific building area and height requirements of the underlying basic use district. All open space and parking requirements of the underlying basic use district shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one or more locations within the development.

(c)

Minimum area requirements. Areas designated as PUD districts shall be under single or corporate ownership or control, and shall contain a minimum development area of:

	Principal Uses	Minimum Area of PUD
a.	Residential PUD	5 acres
b.	Commercial PUD	5 acres
c.	Industrial PUD	20 acres
d.	Mixed compatible use	20 acres

(d)

Procedural requirements. Procedural requirements for a PUD district approval are as follows:

(1)

Prepetition conference. Prior to the official submission of the petition for the approval of a planned unit development district, the owner or his agent making such petition shall meet with the city plan commission or its staff to discuss the scope and proposed nature of the contemplated development.

(2)

Petition. Following the prepetition conference, the owner or his agent may file a petition with the city clerk/treasurer for approval of a planned unit development district. Such petition shall be accompanied by a review fee, as required by the city council pursuant to section 106-66, and the following information:

A statement which sets forth the relationship of the proposed PUD to the city's adopted master plan, or any adopted component thereof, and the general character of and the uses to be included in the proposed PUD, including the following information:

Total area to be included in the PUD, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to comprehensive evaluation of the proposed development.

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.

Any proposed departures from the standards of development as set forth in this chapter, other city regulations or administrative rules or other universal guidelines.

The expected date of commencement of physical development as set forth in the proposal.

A general development plan including:

A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.

The location of public and private roads, driveways and parking facilities.

The size, arrangement and location of any individual building sites and proposed building groups on each individual site.

The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways.

The type, size and location of all structures.

General landscape treatment.

Architectural plans, elevation and perspective drawings and sketches illustrating the design and character of proposed structures.

The existing and proposed location of public sanitary sewer and water supply facilities.

The existing and proposed location of all private utilities or other easements.

10.

Characteristics of soils related to contemplated specific uses.

11.

Existing topography on the site with contours at no greater than two-foot intervals.

12.

Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.

(3)

Referral to plan commission. The petition for a planned unit development district shall be referred to the city plan commission for its review and recommendation, including any additional conditions or restrictions which it may deem necessary or appropriate.

(4)

Public hearing. The common council may hold a joint public hearing pursuant to the requirements of sections 106-338—106-340 and 106-362. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested planned unit development district. As soon as is practical following the hearing, the common council shall report its findings and recommendations to the plan commission.

(e)

Requirements, changes and amendments. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the common council may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the city plan commission.

(1)

Initiation. A change or amendment may be initiated by the common council or city plan commission, or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(2)

Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the city administrator, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

Plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 500 feet of the area proposed to be rezoned.

Owners' names and addresses of all properties lying within 500 feet of the area proposed to be rezoned.

Additional information required by the city plan commission or common council.

(3)

Review and recommendations. The city plan commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified and granted or denied.

(4)

Hearings. The common council shall hold a public hearing upon each petition giving public notice thereof as specified in this chapter, listing the time, place and the changes or amendments proposed. The common council shall also give at least ten days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.

(5)

City council's action. As soon as possible after such public hearing, and after careful consideration of the city plan commission's recommendations, the common council shall act on the petition either approving, modifying and approving or disapproving of the petition.

(6)

Public hearings. Notice of any public hearing which the common council, city plan commission or zoning board of appeals is required to hold under the terms of this chapter shall specify the date, time and place of hearing, and the matter to be presented at the hearing. Pursuant to Wis. Stats. ch. 985, the notice shall be published as a class 2 notice.

The notice of public hearing shall be published in a newspaper of general circulation in the city at least once each week for two consecutive weeks, the last publication of which shall be at least one week before the public hearing.

Notice of the public hearing shall be mailed to all parties in interest at least ten days before the hearing. Parties in interest shall be defined as the petitioner, the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the petition, and the owners of all lands included in the petition and all lands lying within 500 feet of lands included in the petition. The failure to give any notice to any property owner shall not invalidate the action taken by one of the aforementioned bodies.

(f)

Basis for approval of the petition.

(1)

The city plan commission in making its recommendation and the common council in making its determination shall consider:

The petitioners for the proposed planned development district have indicated that they intend to begin the physical development of the PUD within nine months following the approval of the petition and that the development will be carried out according to a reasonable construction schedule satisfactory to the city.

The proposed planned unit development district is consistent in all respects to the purpose of this section and to the spirit and intent of this chapter; is in conformity with the adopted master plan or any adopted component thereof; and that the development would not be contrary to the general welfare and economic prosperity of the community.

(2)

The city plan commission in making its recommendations and the common council in making its determination shall further find that:

The proposed site shall be provided with adequate drainage facilities for surface waters and stormwaters.

The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas by the proposed development.

The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances or administrative regulations of the city.

Centralized water and sewer facilities shall be provided.

The entire tract or parcel of land to be included in a planned unit development district shall be held under single ownership or if there is more than one owner, the petition for such planned unit development district shall be considered as one tract, lot or parcel, and the legal description must define such PUD as a single parcel, lot or tract and be so recorded with the county register of deeds.

(3)

Proposed residential planned unit development district.

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the community.

The total net residential density within the planned unit development district will be consistent with and not exceed the average intensity and density of development permitted in the underlying basic use district.

Where a parcel zoned PUD is located partially within a floodplain or CD district, the floodplain or conservancy district lands may be used to fulfill the area requirements set forth in subsection (f)(3)b of this section, provided that at least two-thirds of the land utilized in the calculation of density is located outside of the floodplain or CD district.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

Adequate, continuing fire and police protection is available.

The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan, either by private reservation and maintenance or by dedication to the public.

(4)

Proposed commercial planned unit development district.

The proposed development will be adequately served by off-street parking and truck service facilities.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities such as fire and police protection, street maintenance and maintenance of public areas.

The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.

The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

(5)

Proposed industrial planned unit development district.

The operational character, physical plant arrangement and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas.

The proposed development will include adequate provisions for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

No residential structures shall be permitted in an industrial PUD.

(6)

Mixed use planned unit development district.

The proposed mixture of uses produces a unified composite which is compatible within the underlying districts and which as a total development entity is compatible with the surrounding neighborhood.

The various types of uses conform to the general requirements as set forth in this section, applicable to projects of such use and character.

(g)

Determination. The common council, after due consideration, may deny the petition, approve the petition as submitted or approve the petition subject to additional conditions and restrictions. The approval of a planned unit development district shall be based upon and include as conditions thereto the building, site and operational plans for the development as approved by the common council.

(h)

Changes and additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the city plan commission, and if, in the opinion of the city plan commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the city plan commission shall be required. Notice shall be given pursuant to the provisions of sections 106-338—106-340, and such proposed alterations shall be submitted to the common council for approval.

(i)

Subsequent land division. The division of any land or lands within a planned unit development district for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the city. When such division is contemplated, a preliminary plat of the lands to be divided shall accompany the petition for PUD approval.

(Ord. No. OR98-24, § I(106.0420), 10-26-1998; Ord. No. OR04-07, § 1, 9-27-2004)

Sec. 106-102. - S-W shoreland-wetland district.

(a)

Statutory authorization; findings of fact; statement of purpose; title.

(1)

Statutory authorization. This section is adopted pursuant to the authorization in Wis. Stats. §§ 62.23, 62.231, 87.30 and 144.26.

(2)

Findings of fact. Uncontrolled use of the shoreland-wetlands and the pollution of the navigable waters of the city would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The state legislature has delegated responsibility to all municipalities to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; and preserve shore cover and natural beauty.

(3)

Purpose. To promote the public health, safety, convenience and general welfare, this section has been established to:

Further the maintenance of safe and healthful conditions;

Prevent and control water pollution by filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters and to maintain storm and flood water capacity;

Protect fish spawning grounds, fish, aquatic life and wildlife by preserving wetlands and other fish and aquatic habitat;

Prohibit certain uses detrimental to the shoreland-wetland area; and

Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.

(4)

Title. This section shall be known as the "Shoreland-Wetland Zoning Ordinance for the City of Brillion, Wisconsin."

(b)

General provisions.

(1)

Compliance. The use of wetlands, and the alteration of wetlands within the shoreland area of the city shall be in full compliance with the terms of this section and other applicable local, state or federal regulations. (However, see subsection (d) of this section for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this section.

(2)

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this section and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13) applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the state department of transportation are exempt when Wis. Stats. § 30.12 (4)(a) applies.

(3)

Abrogation and greater restrictions.

This section supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. § 62.23 or 87.30 which relate to shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than the provisions contained in this section, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

This section is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this section imposes greater restrictions, the provisions of this section shall prevail.

(4)

Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this section is required by a standard in Wis. Admin. Code ch. NR 117, and where the ordinance provision is unclear the provision shall be interpreted in light of the ch. NR 117 standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.

(c)

Purpose; boundaries; uses.

(1)

Purpose. This section is adopted to maintain safe and healthful conditions, to prevent and control water pollution to protect fish spawning grounds, fish and aquatic life and wildlife habitat, to preserve shore cover and natural beauty and to control building and development in wetlands whenever possible. When development is permitted in a wetland the development should occur in a manner which minimizes adverse impacts upon the wetland.

(2)

Official shoreland-wetland zoning maps. The following maps are hereby adopted and made a part of this section and are on file in the office of the city clerk:

Wisconsin Wetland Inventory Map, stamped "FINAL" on October 9, 1985.

Flood plain maps. Flood Boundary and Floodway Map. 6/15/81.

USGS Topographic maps. Adopted date 1974.

(3)

District boundaries.

The shoreland-wetland zoning district includes all wetlands in the city which are five acres or more and are shown on the final wetland inventory map that has been adopted and made part of this section in subsection (2) above and which are:

Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the city shall be presumed to be navigable if they are listed in the department publication "Surface Water Resources of Calumet County" or are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this section in subsection (2) above.

Within 300 feet of the ordinary high-water mark of navigable waters or streams, or to be landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have incorporated by reference and made a part of this section in subsection (2) above. Flood Hazard Boundary Maps, Flood Insurance Rate Maps, Flood Boundary-Floodway Maps, County Soil Survey Maps or other existing community floodplain zoning maps used to delineate floodplain area which have been adopted by the city shall be used to determine the extent of floodplain areas in the city.

Determinations of navigability and ordinary high-water mark shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the department for a final determination of navigability or ordinary high-water mark.

When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official shoreland-wetland zoning maps and the actual field conditions at the time the maps were adopted, the zoning administrator shall contact the appropriate district office of the department to determine if the shoreland-wetland district boundary as mapped, is in error. If the department staff concur with the zoning administrator that a particular area was incorrectly mapped as a wetland, the zoning administrator shall have the authority to immediately grant or deny land use or building permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors shown on the official shoreland-wetland zoning maps, the zoning administrator shall be responsible for initiating a shoreland-wetland map amendment within a reasonable period.

(4)

Permitted uses. The following uses are permitted subject to the provisions of Wis. Stats. chs. 30 and 31, and the provisions of other local, state and federal laws, if applicable:

Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:

Hiking, fishing, trapping, swimming, snowmobiling and boating;

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;

The practice of silviculture, including the planting, thinning and harvesting of timber;

The pasturing of livestock;

The cultivation of agricultural crops; and

The construction and maintenance of duck blinds.

Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:

The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;

The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries

The maintenance and repair of existing drainage ditches, where permissible under Wis. Stats. § 30.20, or of other existing drainage systems (such as tiling) to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Wis. Stats. ch. 30, and that dredged spoil is placed on existing spoil banks where possible;

The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;

The construction and maintenance of piers, docks and walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;

The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the shoreland-wetland listed in subsection (f)(3) of this section; and

The maintenance, repair, replacement and reconstruction of existing highways and bridges, including excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

Uses which are allowed upon the issuance of a zoning permit and which may include wetland alterations only to the extent specifically provided below:

The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under subsection (c)(4) of this section, provided that:

The road cannot, as a practical matter, be located outside the wetland;

ii.

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in subsection (f)(3) of this section;

iii.

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

iv.

Road construction activities are carried out in the immediate area of the roadbed only; and

Any wetland alteration must be necessary for the construction or maintenance of the road.

The construction and maintenance of nonresidential buildings provided that:

The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows or wetland or aquatic animals;

ii.

The building cannot, as a practical manner, be located outside the wetland;

iii.

The building does not exceed 500 square feet in floor area; and

iv.

Only limited filling and excavating necessary to provide structural support for the building is allowed.

The establishment and development of public and private parks and recreation areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:

Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;

ii.

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;

iii.

The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in subsection (c)(4)c.1. of this section; and

iv.

Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

The construction and maintenance of electric and telephone transmission lines and water, gas and sewer collection lines, and related facilities and the construction and maintenance of railroad lines provided that:

The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside the wetland;

ii.

Only limited filling or excavating necessary for such construction or maintenance is allowed; and

iii.

Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed in subsection (f)(3) of this section.

(5)

Prohibited uses.

Any use not listed in subsection (c)(4) of this section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this section in accordance with subsection (f) of this section.

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.

(d)

Nonconforming structures and uses.

(1)

The lawful use of a building, structure or property which existed at the time this section, or an applicable amendment to this section, took effect and which is not in conformity with the provisions of the ordinance, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

(2)

Notwithstanding Wis. Stats. § 62.23(7)(h), the repair reconstruction, renovation, remodeling or expansion of a legal non conforming structure in existence at the time of adoption or subsequent amendment of this section adopted under Wis. Stats. § 62.231(5), or of an environmental control facility in existence on May 7, 1982, related to that structure, is permitted under Wis. Stats. § 62.231(5). Wis. Stats. § 62.23(7)(h) applies to any environmental control facility that was not in existence on May 7, 1982, but was in existence on the effective date of this section or amendment.

(3)

If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to the appropriate provisions of this section.

(4)

Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this section adopted under Wis. Stats. § 62.231 or 61.351 may be continued although such use does not conform with the provisions of the ordinance. However, such nonconforming use may not be extended.

(5)

The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121.

(6)

Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

(e)

Administrative provisions.

(1)

Zoning administrator. The zoning administrator shall have the following duties and powers:

Advise applicants as to the provisions of this section and assist them in preparing permit applications and appeal forms.

Issue permits and certifications of compliance and inspect properties for compliance with this section.

Keep records of all permits issued, inspections made, work approved and other official actions.

Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.

Submit copies of decisions on variances, permits, appeals for a map or text interpretation, and map or text amendments within ten days after they are granted or denied, to the appropriate district office of the department.

Investigate and report violations of this section to the appropriate city planning agency and the district attorney, corporation counsel or municipal attorney.

(2)

Zoning permits.

When required. Unless another section of this section specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the zoning administrator before any new development, as defined in subsection (h)(2) of this section, or any change in the use of an existing building or structure is initiated.

Application. An application for a zoning permit shall be made to the zoning administrator upon forms furnished by the city and shall include, for the purpose of proper enforcement of these regulations, the following information:

General information:

Name, address and telephone number of applicant, property owner contractor, where applicable.

ii.

Legal description of the property and a general description of the proposed use or development.

iii.

Whether or not a private water or sewage system is to be installed.

Site development plan. The site development plan shall be drawn to scale and submitted as a part of the permit application form and shall contain the following information:

Dimensions and area of the lot;

ii.

Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;

iii.

Location of any existing or proposed on-site sewage systems or private water supply systems;

iv.

Location of the ordinary high-water mark of any abutting navigable waterways;

Boundaries of all wetlands;

vi.

Existing and proposed topographic and drainage features and vegetative cover;

vii.

Location of floodplain and floodway limits on the property as determined from floodplain zoning maps used to delineate flood-plain areas;

viii.

Location of existing or future access roads; and

ix.

Specifications and dimensions for areas of proposed wetland alteration.

Expiration. All permits issued under the authority of this section shall expire one year from the date of issuance.

(3)

Certificates of compliance.

Except where no zoning permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the zoning administrator subject to the following provisions:

The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this section.

Application for such certificate shall be concurrent with the application for a zoning permit.

The certificate of compliance shall be issued within ten days after the completion of the work specified in the zoning permit, providing the building or premises and proposed use thereof conforms with all the provisions of this section.

The zoning administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established therefore, by the city council.

Upon written request from the owner, the zoning administrator shall issue a certificate of compliance for any building or premises existing at the time of the adoption, certifying after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this section.

(4)

Fees.

Zoning permits. (Fees as determined by the zoning administrator.)

Certificates of compliance.

Public hearings.

Legal notice publications.

(5)

Recording. Where a zoning permit is approved, an appropriate record shall be made by the zoning administrator of the land use and structures permitted.

(6)

Revocation. Where the conditions of a zoning permit are violated, the permit shall be revoked by the board of appeals.

(7)

Board of appeals.

Members. The city mayor shall appoint a board of appeals under Wis. Stats. § 62.23(7)(e) consisting of five members subject to confirmation by the common council. The board of appeals shall adopt rules as required by Wis. Stats. § 62.23(7)(e)3.

Powers and duties. The board of appeals:

Shall hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in the enforcement or administration of this section.

May authorize upon appeal in specific cases, such variance from the dimensional terms of the ordinance as shall not be contrary to the public interest, where owning to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship. In the issuance of a variance, the spirit of the ordinance shall be observed and substantial justice done. No variance from the terms of this section shall be granted which is contrary to the public interest. A variance may be granted where, owing to special conditions, a literal enforcement of the provisions of this section would result in unnecessary hardship. The granting of a variance shall not have the effect of granting or extending any use of property which is prohibited in that zoning district of this section.

Appeals to the board. Appeals to the board of appeals may be taken by any person aggrieved or by an officer, department board or bureau of the community affected by any order, requirement decision, or determination of the zoning administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the board by filing with the official from whom the appeal is taken, and with the board of appeals, a notice of appeal specifying the reasons therefor. The zoning administrator or other official from the appeal is taken shall transmit to the board all the papers constituting the record on which the appeal action was taken.

Public hearings.

Before making a decision on an appeal, the board of appeals shall, within a reasonable period of time, hold a public hearing. The board shall give public notice of the hearing by publishing a class 2 notice under Wis. Stats. ch. 985, specifying the date, time and place of the hearing and the matters to come before the board. At the public hearing, any party may appear in person, by agent or by attorney and present testimony.

A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the department at least ten days prior to all public hearings on issues involving shoreland-wetland zoning.

Decisions.

The final disposition of an appeal, to the board of appeals shall be in the form of a written decision, made within a reasonable time after the public hearing, signed by the board chairperson. Such decision shall state the specific facts which are the basis of the board's determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution.

A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the department within ten days after the decision is issued.

(f)

Amending shoreland-wetland zoning regulations. The city council may from time to time, alter, supplement or change the district boundaries and the regulations contained in this section in accordance with the requirements of Wis. Stats. § 62.23(7)(d)2. and the following:

(1)

A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the department within five days of the submission of the proposed amendment to the city planning agency;

(2)

All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the city planning agency and a public hearing shall be held as required by Wis. Stats. § 62.23(7)(d)2. The appropriate district office of the department shall be provided with written notice of the public hearing at least ten days prior to such hearing.

(3)

In order to insure that the shoreland protection objectives in Wis. Stats. § 144.26 will be accomplished by the amendment, the city council may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following:

Storm and flood water storage capacity;

Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

Shoreline protection against soil erosion;

Fish spawning, breeding, nursery or feeding grounds;

Wildlife habitat; or

Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

(4)

Where the district office of the department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection (3) above, the department shall so notify the city of its determination either prior to or during the public hearing held on the proposed amendment.

(5)

The appropriate district office of the department shall be provided with:

A copy of the recommendations and report, if any, of the city planning agency on the proposed text or map amendment, within ten days after the submission of those recommendations to the city council; and

Written notice of the city council's action on the proposed text or map amendment within ten days after the action is taken.

(6)

If the department notifies the city planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection (3) above, that proposed amendment, if approved by the city council, may not become effective until more than 30 days have elapsed since written notice of the city council approval was mailed to the department, as required by section (f)(5) of this section. If within the 30-day period, the department notifies the city council that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the city under Wis. Stats. § 62.231(6), the proposed amendment may not become effective until the ordinance adoption procedure under section 62.231(6) is completed or otherwise terminated.

(g)

Enforcement and penalties. Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this section in violation of the provisions of this section, by any person, firm[,] association or, corporation (including building contractors or their agents) shall be deemed a violation. The zoning administrator shall refer violations to the city planning agency and the district attorney, corporation counsel or municipal attorney who shall prosecute such violations. Any person, firm, association, or corporation who violates or refuses to comply with any of the provisions of this section shall be subject to a forfeiture per section 1-17 of this Code together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this section is a public nuisance and creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the city, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30(2).

(h)

Definitions.

(1)

For the purpose of administering and enforcing this section the terms or words used herein shall be interpreted as follows: Words used in the singular number include the plural number; words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances unless otherwise specified, shall be measured horizontally.

(2)

The following terms used in this section mean:

Accessory structure or use means a detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.

Boathouse, as defined in Wis. Stats. § 30.121(1), means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.

Department means the Wisconsin Department of Natural Resources.

Development means any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of addition or substantial alterations to building, structures or accessory structures; the placement of building or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations and the deposition or extraction of earthen materials.

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Environmental control facility means any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

Fixed houseboat, as defined in Wis. Stats. § 30.121(1), means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Under Wis. Stats. § 144.26(2)(d), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. § 62.231 and Wis. Admin. Code ch. NR 117 do not apply to lands adjacent to farm drainage ditches if:

Such lands are not adjacent to a natural navigable stream or river;

Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

Such lands are maintained in nonstructural agriculture use.

Ordinary high-water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

Planning agency means the city plan[ning] commission created under Wis. Stats. § 62.23(1), a board of public land commissioners or a committee of the municipality's governing body which acts on matter pertaining to planning and zoning.

Regional flood means a flood determined to be representative of large floods known to have generally occurred in the state and which may be expected to occur or be exceeded on a particular stream because of like physical characteristics, once in every 100 years.

Shorelands means lands within the following distances from the ordinary high-water mark of navigable waters; 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Shoreland-wetland district means the zoning district, created in this shoreland-wetland zoning ordinance, comprised of shorelands that are designated as wetlands on the inventory maps which have been adopted and made part of this section as described in subsection (c)(2) of this section.

Unnecessary hardship means that circumstances where special conditions, which were not self-created, affect a particular property and make strict conformity with the restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purpose of this section.

Variance means an authorization granted by the board of appeals to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this section.

Wetlands means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

(Ord. No. O-86-1, § 1, 4-28-86; Ord. No. OR00-11, § I, 5-22-2000)

Editor's note— Ord. No. O-86-1, § 1, adopted Apr. 28, 1986, has been included herein as § 106-102 at the direction of the city.

Brillion City Zoning Code

ARTICLE IV

ZONING DISTRICTS

Sec. 106-88.- Establishment.

(a)

For the purpose of this chapter, the city is hereby divided into 14 districts as follows:

A-1 agricultural district

R1 single-family residential district

R-MH residential mobile home district

R-2 two-family residential district

R-3 multifamily residential district

C-1 downtown commercial district

C-2 highway commercial district

I-1 light industrial district

I-2 heavy industrial district

ID institutional district

PD park district

CD conservancy district

PUD planned unit development district

S-W shoreland-wetland district

(b)

(c)

(d)

(e)

(f)

Vacation of public streets and alleys shall cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(g)

(1)

(2)

(Ord. No. OR98-24, § I(106.0401), 10-26-1998; Ord. No. OR00-11, § I, 5-22-2000; Ord. No. OR06-06, § 1, 6-26-2006; Ord. No. OR16-02, § I, 4-25-2016)

Sec. 106-89. - Zoning map.

(Ord. No. OR98-24, § I(106.0402), 10-26-1998)

Sec. 106-90. - A-1 agricultural district.

(a)

(b)

Permitted uses. Permitted uses in the A-1 district are as follows:

(1)

General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture.

(2)

Keeping and raising of domestic stock for agribusiness, show, breeding or other purposes incidental to the principal use of the premises, subject to the following limitations:

No more than one horse, cow, sheep or similar animal, over six months of age, shall be kept for each two acres;

No more than five chickens, ducks or similar poultry, over two months of age, shall be kept for each acre;

No more than eight rabbits or hares, over two months of age, shall be kept for each acre;

The keeping and raising of hogs or fur-bearing animals, except rabbits, is prohibited; or

Combinations of the above shall be apportioned to the total acreage, and the building inspector shall determine the total number of animals allowed.

(3)

Existing dwellings not accessory to any farm operation or a dwelling remaining after farm consolidation.

(4)

Essential services.

(c)

Permitted accessory uses. Permitted accessory uses in the A-1 district are as follows:

(1)

(2)

One farm dwelling per operating farm.

(3)

Satellite dish antennas located in the rear yard.

(4)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the A-1 district see sections 106-122.

(e)

Lot area and width.

(1)

Lots in the A-1 district shall have a minimum area of five acres and shall be not less than 300 feet in width.

(2)

(f)

Building height and area.

(1)

No dwelling or part of a dwelling in the A-1 district shall exceed 35 feet in height. Farm buildings shall not exceed 100 feet in height. Other accessory buildings shall not exceed 15 feet in height.

(2)

The total minimum floor area of a dwelling in the A-1 district shall be 1,000 square feet.

(3)

The minimum first floor area of a bi-level or two-story dwelling in the A-1 district shall be 800 square feet.

(4)

A tri-level dwelling in the A-1 district shall have a minimum living area of 350 square feet per level.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 50 feet from the street right-of-way in the A-1 district.

(2)

There shall be a side yard on each side of all buildings of not less than 25 feet in width in the A-1 district.

(3)

There shall be a rear yard of not less than 25 feet in the A-1 district.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

(Ord. No. OR98-24, § I(106.0403), 10-26-1998; Ord. No. OR-06-11, § I, 6-26-2006)

Sec. 106-91. - R1 single-family residential district.

(a)

(b)

Performance standards.

(1)

Compatibility.

All uses shall be compatible with the character of a one-family residential zone.

All structures shall conform and compliment the general character of the surrounding neighborhood.

(2)

Design.

Overall size and shape of structures should be similar to surrounding homes.

Architectural detail should be as similar as possible to surrounding homes.

Homes should be placed on their sites in a pattern similar to neighboring homes.

Provide doors, windows and elements such as porches or stoops that follow neighborhood patterns.

(3)

Principal permitted uses.

Single-family dwellings.

Community living arrangements which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

Foster family homes.

Family day care homes.

Essential services.

(4)

Permitted accessory uses.

Private garages and attached carports.

Gardening, tool and storage sheds incidental to the residential use.

Minor structures such as pet houses and play equipment incidental to the residential use, in rear yard.

Satellite dish antennas located in the rear yard. Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(5)

Conditional uses. Reference section 106-123.

(6)

Prohibited uses.

Agriculture, except for small home gardens for personal use.

Any other use which is neither a permitted use nor an authorized conditional use.

(c)

Lot dimension requirements.

(1)

Minimum lot area: 8,000 square feet.

(2)

Minimum street frontage, measured from street right-of-way: 50 feet.

(3)

Minimum lot width at building line: 50 feet.

(4)

Minimum lot frontage at corner lots: 100 feet.

(5)

Minimum setbacks:

Street yard: 25 feet.

Side yard: Eight feet, with a total of 20 feet.

Rear yard: 25 feet.

(d)

Building standards.

(1)

Maximum building height: 35 feet.

(2)

Maximum lot coverage: 35 percent principal building, 50 percent total.

(3)

Minimum living space area: 960 square feet.

(4)

Minimum bi-level and two story first floor area: 800 square feet.

(5)

Minimum floor area tri-level: 550 square feet per level.

(6)

Maximum attached garage gross floor area: 1000 square feet.

(e)

Accessory building standards.Section 106-168 (yards, fences and pools).

(f)

Landscape standards. Reference subsection 106-168(6).

(g)

Yard modifications. Reference section 106-168.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

(Ord. No. OR16-02, § I, 4-25-2016; Ord. No. OR19-05, § I, 6-10-2019; Ord. No. OR20-07, § I, 9-28-2020)

Secs. 106-91.1—106-91.4. - Reserved.

Sec. 106-92. - R-2 two-family residential district.

(a)

Intent. The R-2 residential district is intended to provide for two-family residential development at densities not to exceed 4.1 dwelling units per net acre.

(b)

Permitted uses. Permitted uses in the R-2 district are as follows:

(1)

Single-family/two-family dwellings.

(2)

Community living arrangements which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(3)

Foster family homes.

(4)

Family day care homes.

(5)

Essential services.

(c)

Permitted accessory uses.

(1)

Private attached garages and carports.

(2)

Section 106-168 (yards, fences and pools).

(3)

Satellite dish antennas located in the rear yard.

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(5)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the R-2 district see sections 106-122, 106-123 and 106-125.

(e)

Lot area and width. Lots in the R-2 district shall be a minimum of 10,500 square feet in area and shall be not less than 80 feet in width. Corner lots shall be a minimum of 110 feet in total width.

(f)

Building height and area.

(1)

No principal building or part of a principal building in the R-2 district shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height or the height of the principal building.

(2)

The total minimum floor area of a principal building in the R-2 district shall be 1,400 square feet.

(3)

The minimum first floor area of a bi-level or two-story dwelling in the R-2 district shall be 1,000 square feet.

(4)

A tri-level dwelling in the R-2 district shall have a minimum living area of 450 square feet per level.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 25 feet from the street right-of-way in the R-2 district.

(2)

There shall be a side yard on each side of all buildings of not less than eight feet in width, for a total of 20 feet in the R-2 district.

(3)

There shall be a rear yard of not less than 25 feet in the R-2 district.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control in the R-2 district.

(i)

Sec. 106-93. - R-3 multifamily residential district.

(a)

Intent. The R-3 residential district is intended to provide for multifamily residential development at densities not exceeding 12 dwelling units per floor.

(b)

Permitted uses. Permitted uses in the R-3 district are as follows:

(1)

Single-family, two-family and multifamily dwellings.

(2)

Community living arrangements which have a capacity for 15 or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(3)

Foster family homes.

(4)

Family day care homes.

(5)

Essential services.

(c)

Permitted accessory uses. Permitted accessory uses in the R-3 district are as follows:

(1)

Attached/detached garages or underground parking shall be provided at a rate of one space per detached unit.

(2)

Section 106-168 (yards, fences and pools).

(3)

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(d)

Conditional uses. For conditional uses in the R-3 district see sections 106-122, 106-123 and 106-125.

(e)

Lot area and width.

(1)

Lots in the R-3 district shall be a minimum of 22,000 square feet in area, and no dwelling unit shall have a lot area of less than the following:

Efficiency apartments: 3,630 square feet per dwelling unit.

One-bedroom apartments: 4,356 square feet per dwelling unit.

Two-bedroom or larger apartments: 5,445 square feet per dwelling unit.

(2)

No lot in the R-3 district shall be less than 110 feet in width. Corner lots shall be not less than 130 feet in width.

(f)

Building height and area.

(1)

No principal building or part of a principal building in the R-3 district shall exceed 60 feet in height. No accessory building shall exceed 15 feet in height.

(2)

The total minimum floor area of a principal building in the R-3 district shall be as follows:

Efficiency dwelling unit: 500 square feet per dwelling unit.

One-bedroom dwelling unit: 540 square feet per dwelling unit.

Two-bedroom or larger dwelling unit: 720 square feet per dwelling unit.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 25 feet from the street right-of-way in the R-3 district.

(2)

There shall be a side yard on each side of all buildings of not less than ten feet in width in the R-3 district.

(3)

There shall be a rear yard of not less than 25 feet in the R-3 district.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

(Ord. No. OR98-24, § I(106.0408), 10-26-1998; Ord. No. 99-11, § I, 9-13-1999; Ord. No. OR13-08, § 1, 10-28-2013; Ord. No. OR17-09, § I, 11-13-2017; Ord. No. OR20-09, § I, 9-28-2020)

Sec. 106-94. - C-1 commercial district-downtown.

(a)

(b)

Permitted uses. Permitted uses in the C-1 district are as follows:

(1)

Administrative and public service offices.

(2)

Antique and collector's stores.

(3)

Appliance stores.

(4)

Art galleries.

(5)

Bakeries.

(6)

Banks, savings and loan associations and other financial institutions.

(7)

Barber and beauty shops.

(8)

Book or stationery stores.

(9)

Bowling alleys.

(10)

Business offices.

(11)

Camera and photographic supply stores.

(12)

Clinics.

(13)

Clothing stores.

(14)

Confectioneries, soda fountains and ice cream stores.

(15)

Delicatessens.

(16)

Department stores.

(17)

Drugstores.

(18)

Electronic equipment sales, service and repair.

(19)

Florists.

(20)

Furniture stores.

(21)

Furriers and fur apparel.

(22)

Gift stores.

(23)

Grocery stores and specialty foodstores.

(24)

Hardware stores.

(25)

Hobby and craft shops.

(26)

Hotels and motels.

(27)

Insurance sales offices.

(28)

Interior decorators.

(29)

Jewelry stores.

(30)

Law offices.

(31)

Lodges and clubs.

(32)

Medical clinics.

(33)

Music stores.

(34)

Newspaper and magazine stores.

(35)

Office supplies and business machine stores.

(36)

Optical stores.

(37)

Packaged beverage stores.

(38)

Paint, glass and wallpaper stores.

(39)

Parking lots and structures.

(40)

Physical fitness centers.

(41)

Plumbing and heating supplies.

(42)

(43)

Public utility offices.

(44)

Publishing houses.

(45)

Radio and television broadcast studios without transmitting or receiving towers.

(46)

Real estate sales offices.

(47)

Restaurants, except drive-in restaurants.

(48)

Self-service laundry and dry cleaning establishments.

(49)

Shoe stores and leather goods stores.

(50)

Soda fountains and ice cream stores.

(51)

Sporting goods stores.

(52)

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

(53)

Tailor or dressmaking shops.

(54)

Taverns and cocktail lounges.

(55)

Theaters.

(56)

Tobacco stores.

(57)

Travel agency.

(58)

Variety stores.

(59)

Video tape sales and rental.

(60)

Other similar businesses.

(c)

Permitted accessory uses. Permitted accessory uses in the C-1 district are as follows:

(1)

Garages located in the rear yard used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located on a non-ground level in the same building as the business.

(4)

(5)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(6)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the C-1 district see section 106-124.

(e)

(f)

Building height and area. No principal building or parts of a principal building in the C-1 district shall exceed 45 feet in height. No accessory building shall exceed 15 feet in height.

(g)

Brick.

Natural stone.

Wood.

Any other material approved by the plan commission.

(h)

Setback and yards.

(1)

No minimum setback shall be required in the C-1 district.

(2)

No minimum side yard is required in the C-1 district, except as provided in section 106-46.

(3)

There shall be a rear yard of not less than 25 feet in the C-1 district.

(i)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(j)

(Ord. No. OR98-24, § I(106.0409), 10-26-1998; Ord. No. OR03-04, § 1-27-2003; Ord. No. OR04-04, § 1, 7-27-2004; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-95. - C-2 commercial district-highway.

(a)

(b)

Permitted uses. Permitted uses in the C-2 district are as follows:

(1)

Any use permitted in the C-1 downtown commercial district.

(2)

Automotive, marine and aircraft sales and service.

(3)

Banks, savings and loan, and other financial institutions, including drive-in facilities.

(4)

Bowling alleys.

(5)

Building supply stores, excluding lumberyards.

(6)

Commercial day care centers.

(7)

Convenience foodstores.

(8)

Equipment rental facilities.

(9)

Indoor tennis and racquetball courts and physical fitness centers.

(10)

Garden centers.

(11)

Gasoline service stations, provided that all service islands and pumps shall meet the setback and yard requirements.

(12)

Hotels and motels.

(13)

Restaurants, including drive-in restaurants.

(c)

Permitted accessory uses. Permitted accessory uses in the C-2 district are as follows:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(4)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the C-2 district see section 106-124.

(e)

Lot area and width. Lots in the C-2 district shall have a minimum area of 20,000 square feet and shall be not less than 90 feet in width.

(f)

Building height and area. No principal building or parts of a principal building in the C-2 district shall exceed 45 feet in height. No accessory building shall exceed 15 feet in height.

(g)

Setback and yards.

(1)

There shall be a minimum building setback of 25 feet from the right-of-way of all streets in the C-2 district.

(2)

There shall be a side yard on each side of all buildings of not less than 20 feet in the C-2 district.

(3)

There shall be a rear yard of not less than 25 feet in the C-2 district.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

(Ord. No. OR98-24, § I(106.0412), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-96. - I-1 light industrial district.

(a)

(b)

Permitted uses. Uses permitted in the I-1 district are assembly, processing, manufacturing and/or storage of the following:

(1)

Automotive body repair.

(2)

Automotive upholstery and automotive accessories.

(3)

Apparel and findings, and related products.

(4)

Automatic temperature controls.

(5)

Blank books, loose-leaf binders and binding devices.

(6)

Books: publishing, printing and binding.

(7)

Brooms and brushes.

(8)

Candy and confectionery products.

(9)

Cereal preparations.

(10)

Cleaning, dressing and dyeing.

(11)

Commercial bakery.

(12)

Commercial greenhouses.

(13)

Curtains and draperies.

(14)

Dental equipment and supplies.

(15)

Dress and work gloves.

(16)

Electrotyping and stereotyping.

(17)

Electrical appliances.

(18)

Electronic devices.

(19)

Engineering, laboratory, scientific and research instruments and related equipment.

(20)

Envelopes.

(21)

Fabric, broad and narrow woven.

(22)

Felt goods.

(23)

Flavor extracts and flavor syrups.

(24)

Floor coverings limited to rugs and carpeting.

(25)

Food locker plants.

(26)

Footwear.

(27)

Fresh or frozen fruits, fruit juices, vegetables and specialties.

(28)

Glass manufacturing.

(29)

Greeting cards.

(30)

Hats, caps and millinery.

(31)

Household furniture and furnishings.

(32)

Ice.

(33)

Ice cream and frozen desserts.

(34)

Jewelry manufacturing.

(35)

Knit goods.

(36)

Laboratories.

(37)

Lace goods.

(38)

Lamp shades.

(39)

Leather fabrication, not including tanning.

(40)

Luggage.

(41)

Macaroni, spaghetti, vermicelli and noodles.

(42)

Machine shops.

(43)

Manifold business forms.

(44)

Manufacturing and bottling of nonalcoholic beverages.

(45)

Mechanical measuring and controlling instruments.

(46)

Men's, youths' and boys' furnishings, work clothing and allied garments.

(47)

Morticians' goods.

(48)

Musical instruments and parts.

(49)

Newspapers: publishing and printing.

(50)

Office furniture.

(51)

Ophthalmic goods.

(52)

Optical instruments and lenses.

(53)

Orthopedic, prosthetic and surgical appliances and supplies.

(54)

Packaging and assembly of products made from fur.

(55)

Paper coating and glazing.

(56)

Partitions, shelving, lockers and office and store fixtures.

(57)

Pens, pencils and other office and artist materials.

(58)

Periodicals: publishing and printing.

(59)

Pharmaceutical processing.

(60)

Photoengraving instruments and apparatus.

(61)

Photographic equipment and supplies.

(62)

Pleating, decorative and novelty stitching and tucking for the trade.

(63)

Pressed and molded pulp goods.

(64)

Printing and publishing.

(65)

Raincoats and other waterproof outer garments.

(66)

Rice milling.

(67)

Robes and dressing gowns.

(68)

Sanitary paper products.

(69)

Self-service storage facilities (miniwarehouses).

(70)

Sign and other advertising display manufacturing.

(71)

Silverware and plated ware.

(72)

Surgical and medical instruments and apparatus.

(73)

Textiles, dyeing and finishing.

(74)

Tire cord and fabric.

(75)

Toys, amusement, sporting and athletic goods.

(76)

Typesetting.

(77)

Umbrellas, parasols and canes.

(78)

Venetian blinds and shades.

(79)

Wallpaper.

(80)

Warehousing.

(81)

Watches, clocks, clockwork operated devices and parts.

(82)

Wholesaling.

(83)

Women's, misses', juniors', girls' and infants' furnishings, work and dress garments.

(84)

Wool scouring, worsted combing and towing to top.

(85)

Yarns and threads.

(86)

Other similar businesses.

(c)

Permitted accessory uses. Permitted accessory uses in the I-1 district are as follows:

(1)

Off-street parking and loading areas (section 106-148).

(2)

Office, storage, power supply and other uses normally auxiliary to the principal industrial operation.

(3)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(4)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the I-1 district see section 106-125.

(e)

(1)

Manufacturing of ammonia, asbestos, asphalt, cement, chlorine, coal tar, creosote, explosives, fertilizer, glue, gypsum, insecticide, lampblack, poison, pulp, pyroxylin and radium.

(2)

(3)

Storage of bulk fertilizer, explosives, gasoline in excess of 50,000 gallons, grease and radioactive materials.

(4)

Animal reduction facilities, forges, foundries, garbage incinerators, junkyards, rubbish storage, slaughterhouses, stockyards and tanneries.

(f)

Lot area and width. Lots in the I-1 district shall have a minimum area of 20,000 square feet and shall be not less than 100 feet in width.

(g)

Building height and area.

(1)

No principal building or parts of a principal building in the I-1 district shall exceed 60 feet in height. No accessory building shall exceed 15 feet in height or the height of the main structure.

(2)

The minimum area of the principal manufacturing building in the I-1 district shall be a minimum of 7.5 percent of the lot area or 5,000 square feet, whichever is smaller.

(3)

The sum total of all buildings in the I-1 district shall not occupy more than 50 percent of the lot area.

(h)

Setback and yards.

(1)

There shall be a minimum building setback of 50 feet from the right-of-way of all streets in the I-1 district.

(2)

There shall be a side yard on each side of all buildings of not less than ten feet in the I-1 district.

(3)

There shall be a rear yard of not less than 25 feet in the I-1 district.

(i)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(j)

(Ord. No. OR98-24, § I(106.0413), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-97. - I-2 heavy industrial district.

(a)

(b)

Permitted uses. Permitted uses in the I-2 district are as follows:

(1)

Those uses permitted in the I-1 light industrial district.

(2)

Auto body repair, engine repair.

(3)

Automobile, marine and aircraft manufacturing.

(4)

Coating, engraving and allied services.

(5)

Construction, mining and materials handling machinery and equipment; manufacturing and repair of.

(6)

Cutlery, hand tools and general hardware manufacturing.

(7)

Electric lighting and wiring equipment manufacturing.

(8)

Electrical industrial apparatus manufacturing.

(9)

Electrical transmission and distribution equipment manufacturing.

(10)

Electrometallurgical products manufacturing.

(11)

Engine and turbine manufacturing.

(12)

Farm machinery and equipment manufacturing.

(13)

Fine earthenware, table and kitchen articles manufacturing.

(14)

Glass and glass container manufacturing.

(15)

Heating apparatus and plumbing fixtures manufacturing.

(16)

Household appliance manufacturing.

(17)

Inflammable gases and liquids storage, not to exceed 50,000 gallons.

(18)

Metal container manufacturing.

(19)

Metal products manufacturing, fabricating and distribution.

(20)

Motorcycle and bicycle manufacturing.

(21)

Nonhazardous chemical manufacturing, processing or use.

(22)

Office, computing and accounting machine manufacturing.

(23)

Small arms ammunition manufacturing.

(24)

Screw machine products, bolts, nuts, screws, rivets and washer manufacturing.

(25)

Signaling and fire control equipment manufacturing.

(26)

Wire products manufacturing.

(27)

Other similar businesses.

(c)

Permitted accessory uses. Permitted accessory uses in the I-2 district are as follows:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Office, storage, power supply and other uses normally auxiliary to the principal industrial operation.

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(5)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the I-2 district see section 106-125.

(e)

Certain incompatible uses prohibited. For certain incompatible prohibited uses see section 106-96.

(f)

Lot area and width. Lots in the I-2 district shall have a minimum area of 20,000 square feet and shall be not less than 100 feet in width.

(g)

Building height and area.

(1)

(2)

The minimum area of the principal manufacturing building in the I-2 district shall be a minimum of 7.5 percent of the lot area or 5,000 square feet, whichever is smaller.

(3)

The sum total of all buildings in the I-2 district shall not occupy more than 50 percent of the lot area.

(h)

Setback and yards.

(1)

There shall be a minimum building setback of 50 feet from the right-of-way of all streets in the I-2 district.

(2)

There shall be a side yard on each side of all buildings of not less than ten feet in the I-2 district.

(3)

There shall be a rear yard of not less than 25 feet in the I-2 district.

(i)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(j)

(Ord. No. OR98-24, § I(106.0414), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-98. - ID institutional district.

(a)

(b)

Permitted uses. Permitted uses in the ID district are as follows:

(1)

Public or private schools, colleges and universities.

(2)

Churches.

(3)

Funeral homes.

(4)

Hospitals, sanitariums, nursing homes and clinics.

(5)

Libraries, community centers, museums and public art galleries.

(6)

Public administrative offices and public service buildings, including fire and police stations.

(7)

Public utility offices.

(c)

Permitted accessory uses. Permitted accessory uses in the ID district are as follows:

(1)

Residential quarters for caretakers or clergy.

(2)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(3)

Service buildings and facilities normally accessory to the permitted use.

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(5)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the ID district see section 106-126.

(e)

Lot area and width. Lots in the ID district shall be a minimum area of 10,000 square feet in area and shall not be less than 80 feet in width. Corner lots shall be not less than 100 feet in width.

(f)

Building height and area.

(1)

Principal and accessory building heights shall be reviewed and approved by the city plan commission.

(2)

Residential uses permitted in the I-D district shall comply with the building area requirements of the R1 single-family residential district.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 35 feet from the street right-of-way in the ID district.

(2)

There shall be a side yard on each side of all buildings not less than six feet in width in the ID district.

(3)

There shall be a rear yard of not less than 25 feet in the ID district.

(h)

Erosion control. There are no provisions for erosion control for the ID district.

(i)

(Ord. No. OR98-24, § I(106.0415), 10-26-1998; Ord. No. OR01-11, § I, 11-12-2001; Ord. No. OR06-11, § I, 6-26-2006; Ord. No. OR16-02, § I, 4-25-2016)

Sec. 106-99. - PD park district.

(a)

(b)

Permitted uses. Permitted uses in the PD district are as follows:

(1)

Botanical gardens and arboretums.

(2)

Exhibition halls.

(3)

Fairgrounds.

(4)

Golf courses without country club facilities.

(5)

Historic monuments or sites.

(6)

Hiking, biking and nature trails.

(7)

Neighborhood tot lots.

(8)

Outdoor skating rinks.

(9)

Park and playgrounds.

(10)

Picnicking areas.

(11)

Playfields or athletic fields.

(12)

Public art galleries.

(13)

Sledding [areas].

(14)

Swimming pools.

(15)

Tennis courts.

(16)

Other similar usage.

(c)

Permitted accessory uses. Permitted accessory uses in the PD district are as follows:

(1)

Buildings accessory to the permitted use.

(2)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the PD district see section 106-126.

(e)

Building height. No building or part of a building in the PD district shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height.

(f)

Yards. No building or structure in the PD district shall be erected, altered or moved closer than 40 feet to a lot line.

(g)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(h)

(Ord. No. OR98-24, § I(106.0416), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-100. - CD conservancy district.

(a)

(b)

Permitted uses. Permitted uses in the CD district are as follows:

(1)

Hiking, fishing and snowmobiling, unless prohibited by other laws and ordinances.

(2)

(3)

(4)

(5)

(6)

The construction and maintenance of walkways, including those built on pilings.

(7)

The maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.

(8)

Other similar businesses.

(c)

Conditional uses. For conditional uses in the CD district see section 106-128.

(d)

Prohibited uses. Any use not listed as a permitted use or a conditional use is prohibited in the CD district unless the CD district lands concerned are first rezoned into another district.

(e)

Erosion control.

(1)

(2)

See article XI of this chapter for additional provisions about erosion control.

(Ord. No. OR98-24, § I(106.0417), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-101. - PUD planned unit development district.

(a)

(b)

(c)

Minimum area requirements. Areas designated as PUD districts shall be under single or corporate ownership or control, and shall contain a minimum development area of:

	Principal Uses	Minimum Area of PUD
a.	Residential PUD	5 acres
b.	Commercial PUD	5 acres
c.	Industrial PUD	20 acres
d.	Mixed compatible use	20 acres

(d)

Procedural requirements. Procedural requirements for a PUD district approval are as follows:

(1)

(2)

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

Any proposed departures from the standards of development as set forth in this chapter, other city regulations or administrative rules or other universal guidelines.

The expected date of commencement of physical development as set forth in the proposal.

A general development plan including:

A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.

The location of public and private roads, driveways and parking facilities.

The size, arrangement and location of any individual building sites and proposed building groups on each individual site.

The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways.

The type, size and location of all structures.

General landscape treatment.

Architectural plans, elevation and perspective drawings and sketches illustrating the design and character of proposed structures.

The existing and proposed location of public sanitary sewer and water supply facilities.

The existing and proposed location of all private utilities or other easements.

10.

Characteristics of soils related to contemplated specific uses.

11.

Existing topography on the site with contours at no greater than two-foot intervals.

12.

Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.

(3)

(4)

(e)

(1)

(2)

Owners' names and addresses of all properties lying within 500 feet of the area proposed to be rezoned.

Additional information required by the city plan commission or common council.

(3)

(4)

(5)

(6)

(f)

Basis for approval of the petition.

(1)

The city plan commission in making its recommendation and the common council in making its determination shall consider:

(2)

The city plan commission in making its recommendations and the common council in making its determination shall further find that:

The proposed site shall be provided with adequate drainage facilities for surface waters and stormwaters.

The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas by the proposed development.

Centralized water and sewer facilities shall be provided.

(3)

Proposed residential planned unit development district.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

Adequate, continuing fire and police protection is available.

The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan, either by private reservation and maintenance or by dedication to the public.

(4)

Proposed commercial planned unit development district.

The proposed development will be adequately served by off-street parking and truck service facilities.

(5)

Proposed industrial planned unit development district.

The proposed development will include adequate provisions for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

No residential structures shall be permitted in an industrial PUD.

(6)

Mixed use planned unit development district.

The proposed mixture of uses produces a unified composite which is compatible within the underlying districts and which as a total development entity is compatible with the surrounding neighborhood.

The various types of uses conform to the general requirements as set forth in this section, applicable to projects of such use and character.

(g)

(h)

(i)

(Ord. No. OR98-24, § I(106.0420), 10-26-1998; Ord. No. OR04-07, § 1, 9-27-2004)

Sec. 106-102. - S-W shoreland-wetland district.

(a)

Statutory authorization; findings of fact; statement of purpose; title.

(1)

Statutory authorization. This section is adopted pursuant to the authorization in Wis. Stats. §§ 62.23, 62.231, 87.30 and 144.26.

(2)

(3)

Purpose. To promote the public health, safety, convenience and general welfare, this section has been established to:

Further the maintenance of safe and healthful conditions;

Protect fish spawning grounds, fish, aquatic life and wildlife by preserving wetlands and other fish and aquatic habitat;

Prohibit certain uses detrimental to the shoreland-wetland area; and

Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.

(4)

Title. This section shall be known as the "Shoreland-Wetland Zoning Ordinance for the City of Brillion, Wisconsin."

(b)

General provisions.

(1)

(2)

(3)

Abrogation and greater restrictions.

(4)

(c)

Purpose; boundaries; uses.

(1)

(2)

Official shoreland-wetland zoning maps. The following maps are hereby adopted and made a part of this section and are on file in the office of the city clerk:

Wisconsin Wetland Inventory Map, stamped "FINAL" on October 9, 1985.

Flood plain maps. Flood Boundary and Floodway Map. 6/15/81.

USGS Topographic maps. Adopted date 1974.

(3)

District boundaries.

(4)

Permitted uses. The following uses are permitted subject to the provisions of Wis. Stats. chs. 30 and 31, and the provisions of other local, state and federal laws, if applicable:

Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:

Hiking, fishing, trapping, swimming, snowmobiling and boating;

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;

The practice of silviculture, including the planting, thinning and harvesting of timber;

The pasturing of livestock;

The cultivation of agricultural crops; and

The construction and maintenance of duck blinds.

Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:

The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries

The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;

The maintenance, repair, replacement and reconstruction of existing highways and bridges, including excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

Uses which are allowed upon the issuance of a zoning permit and which may include wetland alterations only to the extent specifically provided below:

The road cannot, as a practical matter, be located outside the wetland;

ii.

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in subsection (f)(3) of this section;

iii.

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

iv.

Road construction activities are carried out in the immediate area of the roadbed only; and

Any wetland alteration must be necessary for the construction or maintenance of the road.

The construction and maintenance of nonresidential buildings provided that:

The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows or wetland or aquatic animals;

ii.

The building cannot, as a practical manner, be located outside the wetland;

iii.

The building does not exceed 500 square feet in floor area; and

iv.

Only limited filling and excavating necessary to provide structural support for the building is allowed.

Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;

ii.

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;

iii.

iv.

The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside the wetland;

ii.

Only limited filling or excavating necessary for such construction or maintenance is allowed; and

iii.

Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed in subsection (f)(3) of this section.

(5)

Prohibited uses.

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.

(d)

Nonconforming structures and uses.

(1)

(2)

(3)

(4)

(5)

The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121.

(6)

Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

(e)

Administrative provisions.

(1)

Zoning administrator. The zoning administrator shall have the following duties and powers:

Advise applicants as to the provisions of this section and assist them in preparing permit applications and appeal forms.

Issue permits and certifications of compliance and inspect properties for compliance with this section.

Keep records of all permits issued, inspections made, work approved and other official actions.

Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.

Investigate and report violations of this section to the appropriate city planning agency and the district attorney, corporation counsel or municipal attorney.

(2)

Zoning permits.

General information:

Name, address and telephone number of applicant, property owner contractor, where applicable.

ii.

Legal description of the property and a general description of the proposed use or development.

iii.

Whether or not a private water or sewage system is to be installed.

Site development plan. The site development plan shall be drawn to scale and submitted as a part of the permit application form and shall contain the following information:

Dimensions and area of the lot;

ii.

Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;

iii.

Location of any existing or proposed on-site sewage systems or private water supply systems;

iv.

Location of the ordinary high-water mark of any abutting navigable waterways;

Boundaries of all wetlands;

vi.

Existing and proposed topographic and drainage features and vegetative cover;

vii.

Location of floodplain and floodway limits on the property as determined from floodplain zoning maps used to delineate flood-plain areas;

viii.

Location of existing or future access roads; and

ix.

Specifications and dimensions for areas of proposed wetland alteration.

Expiration. All permits issued under the authority of this section shall expire one year from the date of issuance.

(3)

Certificates of compliance.

The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this section.

Application for such certificate shall be concurrent with the application for a zoning permit.

The zoning administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established therefore, by the city council.

(4)

Fees.

Zoning permits. (Fees as determined by the zoning administrator.)

Certificates of compliance.

Public hearings.

Legal notice publications.

(5)

Recording. Where a zoning permit is approved, an appropriate record shall be made by the zoning administrator of the land use and structures permitted.

(6)

Revocation. Where the conditions of a zoning permit are violated, the permit shall be revoked by the board of appeals.

(7)

Board of appeals.

Powers and duties. The board of appeals:

Public hearings.

Decisions.

A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the department within ten days after the decision is issued.

(f)

(1)

(2)

(3)

Storm and flood water storage capacity;

Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

Shoreline protection against soil erosion;

Fish spawning, breeding, nursery or feeding grounds;

Wildlife habitat; or

Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

(4)

(5)

The appropriate district office of the department shall be provided with:

Written notice of the city council's action on the proposed text or map amendment within ten days after the action is taken.

(6)

(g)

(h)

Definitions.

(1)

(2)

The following terms used in this section mean:

Department means the Wisconsin Department of Natural Resources.

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Such lands are not adjacent to a natural navigable stream or river;

Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

Such lands are maintained in nonstructural agriculture use.

Variance means an authorization granted by the board of appeals to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this section.

Wetlands means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

(Ord. No. O-86-1, § 1, 4-28-86; Ord. No. OR00-11, § I, 5-22-2000)

Editor's note— Ord. No. O-86-1, § 1, adopted Apr. 28, 1986, has been included herein as § 106-102 at the direction of the city.

Brillion City Zoning Code

ARTICLE IV

ZONING DISTRICTS

Sec. 106-88.- Establishment.

(a)

For the purpose of this chapter, the city is hereby divided into 14 districts as follows:

A-1 agricultural district

R1 single-family residential district

R-MH residential mobile home district

R-2 two-family residential district

R-3 multifamily residential district

C-1 downtown commercial district

C-2 highway commercial district

I-1 light industrial district

I-2 heavy industrial district

ID institutional district

PD park district

CD conservancy district

PUD planned unit development district

S-W shoreland-wetland district

(b)

(c)

(d)

(e)

(f)

Vacation of public streets and alleys shall cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(g)

(1)

(2)

(Ord. No. OR98-24, § I(106.0401), 10-26-1998; Ord. No. OR00-11, § I, 5-22-2000; Ord. No. OR06-06, § 1, 6-26-2006; Ord. No. OR16-02, § I, 4-25-2016)

Sec. 106-89. - Zoning map.

(Ord. No. OR98-24, § I(106.0402), 10-26-1998)

Sec. 106-90. - A-1 agricultural district.

(a)

(b)

Permitted uses. Permitted uses in the A-1 district are as follows:

(1)

General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture.

(2)

Keeping and raising of domestic stock for agribusiness, show, breeding or other purposes incidental to the principal use of the premises, subject to the following limitations:

No more than one horse, cow, sheep or similar animal, over six months of age, shall be kept for each two acres;

No more than five chickens, ducks or similar poultry, over two months of age, shall be kept for each acre;

No more than eight rabbits or hares, over two months of age, shall be kept for each acre;

The keeping and raising of hogs or fur-bearing animals, except rabbits, is prohibited; or

Combinations of the above shall be apportioned to the total acreage, and the building inspector shall determine the total number of animals allowed.

(3)

Existing dwellings not accessory to any farm operation or a dwelling remaining after farm consolidation.

(4)

Essential services.

(c)

Permitted accessory uses. Permitted accessory uses in the A-1 district are as follows:

(1)

(2)

One farm dwelling per operating farm.

(3)

Satellite dish antennas located in the rear yard.

(4)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the A-1 district see sections 106-122.

(e)

Lot area and width.

(1)

Lots in the A-1 district shall have a minimum area of five acres and shall be not less than 300 feet in width.

(2)

(f)

Building height and area.

(1)

No dwelling or part of a dwelling in the A-1 district shall exceed 35 feet in height. Farm buildings shall not exceed 100 feet in height. Other accessory buildings shall not exceed 15 feet in height.

(2)

The total minimum floor area of a dwelling in the A-1 district shall be 1,000 square feet.

(3)

The minimum first floor area of a bi-level or two-story dwelling in the A-1 district shall be 800 square feet.

(4)

A tri-level dwelling in the A-1 district shall have a minimum living area of 350 square feet per level.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 50 feet from the street right-of-way in the A-1 district.

(2)

There shall be a side yard on each side of all buildings of not less than 25 feet in width in the A-1 district.

(3)

There shall be a rear yard of not less than 25 feet in the A-1 district.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

(Ord. No. OR98-24, § I(106.0403), 10-26-1998; Ord. No. OR-06-11, § I, 6-26-2006)

Sec. 106-91. - R1 single-family residential district.

(a)

(b)

Performance standards.

(1)

Compatibility.

All uses shall be compatible with the character of a one-family residential zone.

All structures shall conform and compliment the general character of the surrounding neighborhood.

(2)

Design.

Overall size and shape of structures should be similar to surrounding homes.

Architectural detail should be as similar as possible to surrounding homes.

Homes should be placed on their sites in a pattern similar to neighboring homes.

Provide doors, windows and elements such as porches or stoops that follow neighborhood patterns.

(3)

Principal permitted uses.

Single-family dwellings.

Community living arrangements which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

Foster family homes.

Family day care homes.

Essential services.

(4)

Permitted accessory uses.

Private garages and attached carports.

Gardening, tool and storage sheds incidental to the residential use.

Minor structures such as pet houses and play equipment incidental to the residential use, in rear yard.

Satellite dish antennas located in the rear yard. Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(5)

Conditional uses. Reference section 106-123.

(6)

Prohibited uses.

Agriculture, except for small home gardens for personal use.

Any other use which is neither a permitted use nor an authorized conditional use.

(c)

Lot dimension requirements.

(1)

Minimum lot area: 8,000 square feet.

(2)

Minimum street frontage, measured from street right-of-way: 50 feet.

(3)

Minimum lot width at building line: 50 feet.

(4)

Minimum lot frontage at corner lots: 100 feet.

(5)

Minimum setbacks:

Street yard: 25 feet.

Side yard: Eight feet, with a total of 20 feet.

Rear yard: 25 feet.

(d)

Building standards.

(1)

Maximum building height: 35 feet.

(2)

Maximum lot coverage: 35 percent principal building, 50 percent total.

(3)

Minimum living space area: 960 square feet.

(4)

Minimum bi-level and two story first floor area: 800 square feet.

(5)

Minimum floor area tri-level: 550 square feet per level.

(6)

Maximum attached garage gross floor area: 1000 square feet.

(e)

Accessory building standards.Section 106-168 (yards, fences and pools).

(f)

Landscape standards. Reference subsection 106-168(6).

(g)

Yard modifications. Reference section 106-168.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

(Ord. No. OR16-02, § I, 4-25-2016; Ord. No. OR19-05, § I, 6-10-2019; Ord. No. OR20-07, § I, 9-28-2020)

Secs. 106-91.1—106-91.4. - Reserved.

Sec. 106-92. - R-2 two-family residential district.

(a)

Intent. The R-2 residential district is intended to provide for two-family residential development at densities not to exceed 4.1 dwelling units per net acre.

(b)

Permitted uses. Permitted uses in the R-2 district are as follows:

(1)

Single-family/two-family dwellings.

(2)

Community living arrangements which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(3)

Foster family homes.

(4)

Family day care homes.

(5)

Essential services.

(c)

Permitted accessory uses.

(1)

Private attached garages and carports.

(2)

Section 106-168 (yards, fences and pools).

(3)

Satellite dish antennas located in the rear yard.

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(5)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the R-2 district see sections 106-122, 106-123 and 106-125.

(e)

Lot area and width. Lots in the R-2 district shall be a minimum of 10,500 square feet in area and shall be not less than 80 feet in width. Corner lots shall be a minimum of 110 feet in total width.

(f)

Building height and area.

(1)

No principal building or part of a principal building in the R-2 district shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height or the height of the principal building.

(2)

The total minimum floor area of a principal building in the R-2 district shall be 1,400 square feet.

(3)

The minimum first floor area of a bi-level or two-story dwelling in the R-2 district shall be 1,000 square feet.

(4)

A tri-level dwelling in the R-2 district shall have a minimum living area of 450 square feet per level.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 25 feet from the street right-of-way in the R-2 district.

(2)

There shall be a side yard on each side of all buildings of not less than eight feet in width, for a total of 20 feet in the R-2 district.

(3)

There shall be a rear yard of not less than 25 feet in the R-2 district.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control in the R-2 district.

(i)

Sec. 106-93. - R-3 multifamily residential district.

(a)

Intent. The R-3 residential district is intended to provide for multifamily residential development at densities not exceeding 12 dwelling units per floor.

(b)

Permitted uses. Permitted uses in the R-3 district are as follows:

(1)

Single-family, two-family and multifamily dwellings.

(2)

Community living arrangements which have a capacity for 15 or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(3)

Foster family homes.

(4)

Family day care homes.

(5)

Essential services.

(c)

Permitted accessory uses. Permitted accessory uses in the R-3 district are as follows:

(1)

Attached/detached garages or underground parking shall be provided at a rate of one space per detached unit.

(2)

Section 106-168 (yards, fences and pools).

(3)

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(d)

Conditional uses. For conditional uses in the R-3 district see sections 106-122, 106-123 and 106-125.

(e)

Lot area and width.

(1)

Lots in the R-3 district shall be a minimum of 22,000 square feet in area, and no dwelling unit shall have a lot area of less than the following:

Efficiency apartments: 3,630 square feet per dwelling unit.

One-bedroom apartments: 4,356 square feet per dwelling unit.

Two-bedroom or larger apartments: 5,445 square feet per dwelling unit.

(2)

No lot in the R-3 district shall be less than 110 feet in width. Corner lots shall be not less than 130 feet in width.

(f)

Building height and area.

(1)

No principal building or part of a principal building in the R-3 district shall exceed 60 feet in height. No accessory building shall exceed 15 feet in height.

(2)

The total minimum floor area of a principal building in the R-3 district shall be as follows:

Efficiency dwelling unit: 500 square feet per dwelling unit.

One-bedroom dwelling unit: 540 square feet per dwelling unit.

Two-bedroom or larger dwelling unit: 720 square feet per dwelling unit.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 25 feet from the street right-of-way in the R-3 district.

(2)

There shall be a side yard on each side of all buildings of not less than ten feet in width in the R-3 district.

(3)

There shall be a rear yard of not less than 25 feet in the R-3 district.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

(Ord. No. OR98-24, § I(106.0408), 10-26-1998; Ord. No. 99-11, § I, 9-13-1999; Ord. No. OR13-08, § 1, 10-28-2013; Ord. No. OR17-09, § I, 11-13-2017; Ord. No. OR20-09, § I, 9-28-2020)

Sec. 106-94. - C-1 commercial district-downtown.

(a)

(b)

Permitted uses. Permitted uses in the C-1 district are as follows:

(1)

Administrative and public service offices.

(2)

Antique and collector's stores.

(3)

Appliance stores.

(4)

Art galleries.

(5)

Bakeries.

(6)

Banks, savings and loan associations and other financial institutions.

(7)

Barber and beauty shops.

(8)

Book or stationery stores.

(9)

Bowling alleys.

(10)

Business offices.

(11)

Camera and photographic supply stores.

(12)

Clinics.

(13)

Clothing stores.

(14)

Confectioneries, soda fountains and ice cream stores.

(15)

Delicatessens.

(16)

Department stores.

(17)

Drugstores.

(18)

Electronic equipment sales, service and repair.

(19)

Florists.

(20)

Furniture stores.

(21)

Furriers and fur apparel.

(22)

Gift stores.

(23)

Grocery stores and specialty foodstores.

(24)

Hardware stores.

(25)

Hobby and craft shops.

(26)

Hotels and motels.

(27)

Insurance sales offices.

(28)

Interior decorators.

(29)

Jewelry stores.

(30)

Law offices.

(31)

Lodges and clubs.

(32)

Medical clinics.

(33)

Music stores.

(34)

Newspaper and magazine stores.

(35)

Office supplies and business machine stores.

(36)

Optical stores.

(37)

Packaged beverage stores.

(38)

Paint, glass and wallpaper stores.

(39)

Parking lots and structures.

(40)

Physical fitness centers.

(41)

Plumbing and heating supplies.

(42)

(43)

Public utility offices.

(44)

Publishing houses.

(45)

Radio and television broadcast studios without transmitting or receiving towers.

(46)

Real estate sales offices.

(47)

Restaurants, except drive-in restaurants.

(48)

Self-service laundry and dry cleaning establishments.

(49)

Shoe stores and leather goods stores.

(50)

Soda fountains and ice cream stores.

(51)

Sporting goods stores.

(52)

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

(53)

Tailor or dressmaking shops.

(54)

Taverns and cocktail lounges.

(55)

Theaters.

(56)

Tobacco stores.

(57)

Travel agency.

(58)

Variety stores.

(59)

Video tape sales and rental.

(60)

Other similar businesses.

(c)

Permitted accessory uses. Permitted accessory uses in the C-1 district are as follows:

(1)

Garages located in the rear yard used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located on a non-ground level in the same building as the business.

(4)

(5)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(6)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the C-1 district see section 106-124.

(e)

(f)

Building height and area. No principal building or parts of a principal building in the C-1 district shall exceed 45 feet in height. No accessory building shall exceed 15 feet in height.

(g)

Brick.

Natural stone.

Wood.

Any other material approved by the plan commission.

(h)

Setback and yards.

(1)

No minimum setback shall be required in the C-1 district.

(2)

No minimum side yard is required in the C-1 district, except as provided in section 106-46.

(3)

There shall be a rear yard of not less than 25 feet in the C-1 district.

(i)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(j)

(Ord. No. OR98-24, § I(106.0409), 10-26-1998; Ord. No. OR03-04, § 1-27-2003; Ord. No. OR04-04, § 1, 7-27-2004; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-95. - C-2 commercial district-highway.

(a)

(b)

Permitted uses. Permitted uses in the C-2 district are as follows:

(1)

Any use permitted in the C-1 downtown commercial district.

(2)

Automotive, marine and aircraft sales and service.

(3)

Banks, savings and loan, and other financial institutions, including drive-in facilities.

(4)

Bowling alleys.

(5)

Building supply stores, excluding lumberyards.

(6)

Commercial day care centers.

(7)

Convenience foodstores.

(8)

Equipment rental facilities.

(9)

Indoor tennis and racquetball courts and physical fitness centers.

(10)

Garden centers.

(11)

Gasoline service stations, provided that all service islands and pumps shall meet the setback and yard requirements.

(12)

Hotels and motels.

(13)

Restaurants, including drive-in restaurants.

(c)

Permitted accessory uses. Permitted accessory uses in the C-2 district are as follows:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(4)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the C-2 district see section 106-124.

(e)

Lot area and width. Lots in the C-2 district shall have a minimum area of 20,000 square feet and shall be not less than 90 feet in width.

(f)

Building height and area. No principal building or parts of a principal building in the C-2 district shall exceed 45 feet in height. No accessory building shall exceed 15 feet in height.

(g)

Setback and yards.

(1)

There shall be a minimum building setback of 25 feet from the right-of-way of all streets in the C-2 district.

(2)

There shall be a side yard on each side of all buildings of not less than 20 feet in the C-2 district.

(3)

There shall be a rear yard of not less than 25 feet in the C-2 district.

(h)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(i)

(Ord. No. OR98-24, § I(106.0412), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-96. - I-1 light industrial district.

(a)

(b)

Permitted uses. Uses permitted in the I-1 district are assembly, processing, manufacturing and/or storage of the following:

(1)

Automotive body repair.

(2)

Automotive upholstery and automotive accessories.

(3)

Apparel and findings, and related products.

(4)

Automatic temperature controls.

(5)

Blank books, loose-leaf binders and binding devices.

(6)

Books: publishing, printing and binding.

(7)

Brooms and brushes.

(8)

Candy and confectionery products.

(9)

Cereal preparations.

(10)

Cleaning, dressing and dyeing.

(11)

Commercial bakery.

(12)

Commercial greenhouses.

(13)

Curtains and draperies.

(14)

Dental equipment and supplies.

(15)

Dress and work gloves.

(16)

Electrotyping and stereotyping.

(17)

Electrical appliances.

(18)

Electronic devices.

(19)

Engineering, laboratory, scientific and research instruments and related equipment.

(20)

Envelopes.

(21)

Fabric, broad and narrow woven.

(22)

Felt goods.

(23)

Flavor extracts and flavor syrups.

(24)

Floor coverings limited to rugs and carpeting.

(25)

Food locker plants.

(26)

Footwear.

(27)

Fresh or frozen fruits, fruit juices, vegetables and specialties.

(28)

Glass manufacturing.

(29)

Greeting cards.

(30)

Hats, caps and millinery.

(31)

Household furniture and furnishings.

(32)

Ice.

(33)

Ice cream and frozen desserts.

(34)

Jewelry manufacturing.

(35)

Knit goods.

(36)

Laboratories.

(37)

Lace goods.

(38)

Lamp shades.

(39)

Leather fabrication, not including tanning.

(40)

Luggage.

(41)

Macaroni, spaghetti, vermicelli and noodles.

(42)

Machine shops.

(43)

Manifold business forms.

(44)

Manufacturing and bottling of nonalcoholic beverages.

(45)

Mechanical measuring and controlling instruments.

(46)

Men's, youths' and boys' furnishings, work clothing and allied garments.

(47)

Morticians' goods.

(48)

Musical instruments and parts.

(49)

Newspapers: publishing and printing.

(50)

Office furniture.

(51)

Ophthalmic goods.

(52)

Optical instruments and lenses.

(53)

Orthopedic, prosthetic and surgical appliances and supplies.

(54)

Packaging and assembly of products made from fur.

(55)

Paper coating and glazing.

(56)

Partitions, shelving, lockers and office and store fixtures.

(57)

Pens, pencils and other office and artist materials.

(58)

Periodicals: publishing and printing.

(59)

Pharmaceutical processing.

(60)

Photoengraving instruments and apparatus.

(61)

Photographic equipment and supplies.

(62)

Pleating, decorative and novelty stitching and tucking for the trade.

(63)

Pressed and molded pulp goods.

(64)

Printing and publishing.

(65)

Raincoats and other waterproof outer garments.

(66)

Rice milling.

(67)

Robes and dressing gowns.

(68)

Sanitary paper products.

(69)

Self-service storage facilities (miniwarehouses).

(70)

Sign and other advertising display manufacturing.

(71)

Silverware and plated ware.

(72)

Surgical and medical instruments and apparatus.

(73)

Textiles, dyeing and finishing.

(74)

Tire cord and fabric.

(75)

Toys, amusement, sporting and athletic goods.

(76)

Typesetting.

(77)

Umbrellas, parasols and canes.

(78)

Venetian blinds and shades.

(79)

Wallpaper.

(80)

Warehousing.

(81)

Watches, clocks, clockwork operated devices and parts.

(82)

Wholesaling.

(83)

Women's, misses', juniors', girls' and infants' furnishings, work and dress garments.

(84)

Wool scouring, worsted combing and towing to top.

(85)

Yarns and threads.

(86)

Other similar businesses.

(c)

Permitted accessory uses. Permitted accessory uses in the I-1 district are as follows:

(1)

Off-street parking and loading areas (section 106-148).

(2)

Office, storage, power supply and other uses normally auxiliary to the principal industrial operation.

(3)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(4)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the city plan commission.

(d)

Conditional uses. For conditional uses in the I-1 district see section 106-125.

(e)

(1)

Manufacturing of ammonia, asbestos, asphalt, cement, chlorine, coal tar, creosote, explosives, fertilizer, glue, gypsum, insecticide, lampblack, poison, pulp, pyroxylin and radium.

(2)

(3)

Storage of bulk fertilizer, explosives, gasoline in excess of 50,000 gallons, grease and radioactive materials.

(4)

Animal reduction facilities, forges, foundries, garbage incinerators, junkyards, rubbish storage, slaughterhouses, stockyards and tanneries.

(f)

Lot area and width. Lots in the I-1 district shall have a minimum area of 20,000 square feet and shall be not less than 100 feet in width.

(g)

Building height and area.

(1)

No principal building or parts of a principal building in the I-1 district shall exceed 60 feet in height. No accessory building shall exceed 15 feet in height or the height of the main structure.

(2)

The minimum area of the principal manufacturing building in the I-1 district shall be a minimum of 7.5 percent of the lot area or 5,000 square feet, whichever is smaller.

(3)

The sum total of all buildings in the I-1 district shall not occupy more than 50 percent of the lot area.

(h)

Setback and yards.

(1)

There shall be a minimum building setback of 50 feet from the right-of-way of all streets in the I-1 district.

(2)

There shall be a side yard on each side of all buildings of not less than ten feet in the I-1 district.

(3)

There shall be a rear yard of not less than 25 feet in the I-1 district.

(i)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(j)

(Ord. No. OR98-24, § I(106.0413), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-97. - I-2 heavy industrial district.

(a)

(b)

Permitted uses. Permitted uses in the I-2 district are as follows:

(1)

Those uses permitted in the I-1 light industrial district.

(2)

Auto body repair, engine repair.

(3)

Automobile, marine and aircraft manufacturing.

(4)

Coating, engraving and allied services.

(5)

Construction, mining and materials handling machinery and equipment; manufacturing and repair of.

(6)

Cutlery, hand tools and general hardware manufacturing.

(7)

Electric lighting and wiring equipment manufacturing.

(8)

Electrical industrial apparatus manufacturing.

(9)

Electrical transmission and distribution equipment manufacturing.

(10)

Electrometallurgical products manufacturing.

(11)

Engine and turbine manufacturing.

(12)

Farm machinery and equipment manufacturing.

(13)

Fine earthenware, table and kitchen articles manufacturing.

(14)

Glass and glass container manufacturing.

(15)

Heating apparatus and plumbing fixtures manufacturing.

(16)

Household appliance manufacturing.

(17)

Inflammable gases and liquids storage, not to exceed 50,000 gallons.

(18)

Metal container manufacturing.

(19)

Metal products manufacturing, fabricating and distribution.

(20)

Motorcycle and bicycle manufacturing.

(21)

Nonhazardous chemical manufacturing, processing or use.

(22)

Office, computing and accounting machine manufacturing.

(23)

Small arms ammunition manufacturing.

(24)

Screw machine products, bolts, nuts, screws, rivets and washer manufacturing.

(25)

Signaling and fire control equipment manufacturing.

(26)

Wire products manufacturing.

(27)

Other similar businesses.

(c)

Permitted accessory uses. Permitted accessory uses in the I-2 district are as follows:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Office, storage, power supply and other uses normally auxiliary to the principal industrial operation.

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(5)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the I-2 district see section 106-125.

(e)

Certain incompatible uses prohibited. For certain incompatible prohibited uses see section 106-96.

(f)

Lot area and width. Lots in the I-2 district shall have a minimum area of 20,000 square feet and shall be not less than 100 feet in width.

(g)

Building height and area.

(1)

(2)

The minimum area of the principal manufacturing building in the I-2 district shall be a minimum of 7.5 percent of the lot area or 5,000 square feet, whichever is smaller.

(3)

The sum total of all buildings in the I-2 district shall not occupy more than 50 percent of the lot area.

(h)

Setback and yards.

(1)

There shall be a minimum building setback of 50 feet from the right-of-way of all streets in the I-2 district.

(2)

There shall be a side yard on each side of all buildings of not less than ten feet in the I-2 district.

(3)

There shall be a rear yard of not less than 25 feet in the I-2 district.

(i)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(j)

(Ord. No. OR98-24, § I(106.0414), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-98. - ID institutional district.

(a)

(b)

Permitted uses. Permitted uses in the ID district are as follows:

(1)

Public or private schools, colleges and universities.

(2)

Churches.

(3)

Funeral homes.

(4)

Hospitals, sanitariums, nursing homes and clinics.

(5)

Libraries, community centers, museums and public art galleries.

(6)

Public administrative offices and public service buildings, including fire and police stations.

(7)

Public utility offices.

(c)

Permitted accessory uses. Permitted accessory uses in the ID district are as follows:

(1)

Residential quarters for caretakers or clergy.

(2)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(3)

Service buildings and facilities normally accessory to the permitted use.

(4)

Satellite dish antennas less than 30 inches in diameter shall be allowed anywhere except in any front yard of any lot.

(5)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the ID district see section 106-126.

(e)

Lot area and width. Lots in the ID district shall be a minimum area of 10,000 square feet in area and shall not be less than 80 feet in width. Corner lots shall be not less than 100 feet in width.

(f)

Building height and area.

(1)

Principal and accessory building heights shall be reviewed and approved by the city plan commission.

(2)

Residential uses permitted in the I-D district shall comply with the building area requirements of the R1 single-family residential district.

(g)

Setback and yards.

(1)

There shall be a minimum setback of 35 feet from the street right-of-way in the ID district.

(2)

There shall be a side yard on each side of all buildings not less than six feet in width in the ID district.

(3)

There shall be a rear yard of not less than 25 feet in the ID district.

(h)

Erosion control. There are no provisions for erosion control for the ID district.

(i)

(Ord. No. OR98-24, § I(106.0415), 10-26-1998; Ord. No. OR01-11, § I, 11-12-2001; Ord. No. OR06-11, § I, 6-26-2006; Ord. No. OR16-02, § I, 4-25-2016)

Sec. 106-99. - PD park district.

(a)

(b)

Permitted uses. Permitted uses in the PD district are as follows:

(1)

Botanical gardens and arboretums.

(2)

Exhibition halls.

(3)

Fairgrounds.

(4)

Golf courses without country club facilities.

(5)

Historic monuments or sites.

(6)

Hiking, biking and nature trails.

(7)

Neighborhood tot lots.

(8)

Outdoor skating rinks.

(9)

Park and playgrounds.

(10)

Picnicking areas.

(11)

Playfields or athletic fields.

(12)

Public art galleries.

(13)

Sledding [areas].

(14)

Swimming pools.

(15)

Tennis courts.

(16)

Other similar usage.

(c)

Permitted accessory uses. Permitted accessory uses in the PD district are as follows:

(1)

Buildings accessory to the permitted use.

(2)

Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the plan commission.

(d)

Conditional uses. For conditional uses in the PD district see section 106-126.

(e)

Building height. No building or part of a building in the PD district shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height.

(f)

Yards. No building or structure in the PD district shall be erected, altered or moved closer than 40 feet to a lot line.

(g)

Erosion control.

(1)

(2)

See article XII of this chapter for additional provisions about erosion control.

(h)

(Ord. No. OR98-24, § I(106.0416), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-100. - CD conservancy district.

(a)

(b)

Permitted uses. Permitted uses in the CD district are as follows:

(1)

Hiking, fishing and snowmobiling, unless prohibited by other laws and ordinances.

(2)

(3)

(4)

(5)

(6)

The construction and maintenance of walkways, including those built on pilings.

(7)

The maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.

(8)

Other similar businesses.

(c)

Conditional uses. For conditional uses in the CD district see section 106-128.

(d)

Prohibited uses. Any use not listed as a permitted use or a conditional use is prohibited in the CD district unless the CD district lands concerned are first rezoned into another district.

(e)

Erosion control.

(1)

(2)

See article XI of this chapter for additional provisions about erosion control.

(Ord. No. OR98-24, § I(106.0417), 10-26-1998; Ord. No. OR06-11, § I, 6-26-2006)

Sec. 106-101. - PUD planned unit development district.

(a)

(b)

(c)

Minimum area requirements. Areas designated as PUD districts shall be under single or corporate ownership or control, and shall contain a minimum development area of:

	Principal Uses	Minimum Area of PUD
a.	Residential PUD	5 acres
b.	Commercial PUD	5 acres
c.	Industrial PUD	20 acres
d.	Mixed compatible use	20 acres

(d)

Procedural requirements. Procedural requirements for a PUD district approval are as follows:

(1)

(2)

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

Any proposed departures from the standards of development as set forth in this chapter, other city regulations or administrative rules or other universal guidelines.

The expected date of commencement of physical development as set forth in the proposal.

A general development plan including:

A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.

The location of public and private roads, driveways and parking facilities.

The size, arrangement and location of any individual building sites and proposed building groups on each individual site.

The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways.

The type, size and location of all structures.

General landscape treatment.

Architectural plans, elevation and perspective drawings and sketches illustrating the design and character of proposed structures.

The existing and proposed location of public sanitary sewer and water supply facilities.

The existing and proposed location of all private utilities or other easements.

10.

Characteristics of soils related to contemplated specific uses.

11.

Existing topography on the site with contours at no greater than two-foot intervals.

12.

Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.

(3)

(4)

(e)

(1)

(2)

Owners' names and addresses of all properties lying within 500 feet of the area proposed to be rezoned.

Additional information required by the city plan commission or common council.

(3)

(4)

(5)

(6)

(f)

Basis for approval of the petition.

(1)

The city plan commission in making its recommendation and the common council in making its determination shall consider:

(2)

The city plan commission in making its recommendations and the common council in making its determination shall further find that:

The proposed site shall be provided with adequate drainage facilities for surface waters and stormwaters.

The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas by the proposed development.

Centralized water and sewer facilities shall be provided.

(3)

Proposed residential planned unit development district.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

Adequate, continuing fire and police protection is available.

The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan, either by private reservation and maintenance or by dedication to the public.

(4)

Proposed commercial planned unit development district.

The proposed development will be adequately served by off-street parking and truck service facilities.

(5)

Proposed industrial planned unit development district.

The proposed development will include adequate provisions for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

No residential structures shall be permitted in an industrial PUD.

(6)

Mixed use planned unit development district.

The proposed mixture of uses produces a unified composite which is compatible within the underlying districts and which as a total development entity is compatible with the surrounding neighborhood.

The various types of uses conform to the general requirements as set forth in this section, applicable to projects of such use and character.

(g)

(h)

(i)

(Ord. No. OR98-24, § I(106.0420), 10-26-1998; Ord. No. OR04-07, § 1, 9-27-2004)

Sec. 106-102. - S-W shoreland-wetland district.

(a)

Statutory authorization; findings of fact; statement of purpose; title.

(1)

Statutory authorization. This section is adopted pursuant to the authorization in Wis. Stats. §§ 62.23, 62.231, 87.30 and 144.26.

(2)

(3)

Purpose. To promote the public health, safety, convenience and general welfare, this section has been established to:

Further the maintenance of safe and healthful conditions;

Protect fish spawning grounds, fish, aquatic life and wildlife by preserving wetlands and other fish and aquatic habitat;

Prohibit certain uses detrimental to the shoreland-wetland area; and

Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.

(4)

Title. This section shall be known as the "Shoreland-Wetland Zoning Ordinance for the City of Brillion, Wisconsin."

(b)

General provisions.

(1)

(2)

(3)

Abrogation and greater restrictions.

(4)

(c)

Purpose; boundaries; uses.

(1)

(2)

Official shoreland-wetland zoning maps. The following maps are hereby adopted and made a part of this section and are on file in the office of the city clerk:

Wisconsin Wetland Inventory Map, stamped "FINAL" on October 9, 1985.

Flood plain maps. Flood Boundary and Floodway Map. 6/15/81.

USGS Topographic maps. Adopted date 1974.

(3)

District boundaries.

(4)

Permitted uses. The following uses are permitted subject to the provisions of Wis. Stats. chs. 30 and 31, and the provisions of other local, state and federal laws, if applicable:

Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:

Hiking, fishing, trapping, swimming, snowmobiling and boating;

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;

The practice of silviculture, including the planting, thinning and harvesting of timber;

The pasturing of livestock;

The cultivation of agricultural crops; and

The construction and maintenance of duck blinds.

Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:

The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries

The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;

The maintenance, repair, replacement and reconstruction of existing highways and bridges, including excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

Uses which are allowed upon the issuance of a zoning permit and which may include wetland alterations only to the extent specifically provided below:

The road cannot, as a practical matter, be located outside the wetland;

ii.

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in subsection (f)(3) of this section;

iii.

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

iv.

Road construction activities are carried out in the immediate area of the roadbed only; and

Any wetland alteration must be necessary for the construction or maintenance of the road.

The construction and maintenance of nonresidential buildings provided that:

The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows or wetland or aquatic animals;

ii.

The building cannot, as a practical manner, be located outside the wetland;

iii.

The building does not exceed 500 square feet in floor area; and

iv.

Only limited filling and excavating necessary to provide structural support for the building is allowed.

Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;

ii.

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;

iii.

iv.

The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside the wetland;

ii.

Only limited filling or excavating necessary for such construction or maintenance is allowed; and

iii.

Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed in subsection (f)(3) of this section.

(5)

Prohibited uses.

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.

(d)

Nonconforming structures and uses.

(1)

(2)

(3)

(4)

(5)

The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121.

(6)

Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

(e)

Administrative provisions.

(1)

Zoning administrator. The zoning administrator shall have the following duties and powers:

Advise applicants as to the provisions of this section and assist them in preparing permit applications and appeal forms.

Issue permits and certifications of compliance and inspect properties for compliance with this section.

Keep records of all permits issued, inspections made, work approved and other official actions.

Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.

Investigate and report violations of this section to the appropriate city planning agency and the district attorney, corporation counsel or municipal attorney.

(2)

Zoning permits.

General information:

Name, address and telephone number of applicant, property owner contractor, where applicable.

ii.

Legal description of the property and a general description of the proposed use or development.

iii.

Whether or not a private water or sewage system is to be installed.

Site development plan. The site development plan shall be drawn to scale and submitted as a part of the permit application form and shall contain the following information:

Dimensions and area of the lot;

ii.

Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;

iii.

Location of any existing or proposed on-site sewage systems or private water supply systems;

iv.

Location of the ordinary high-water mark of any abutting navigable waterways;

Boundaries of all wetlands;

vi.

Existing and proposed topographic and drainage features and vegetative cover;

vii.

Location of floodplain and floodway limits on the property as determined from floodplain zoning maps used to delineate flood-plain areas;

viii.

Location of existing or future access roads; and

ix.

Specifications and dimensions for areas of proposed wetland alteration.

Expiration. All permits issued under the authority of this section shall expire one year from the date of issuance.

(3)

Certificates of compliance.

The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this section.

Application for such certificate shall be concurrent with the application for a zoning permit.

The zoning administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established therefore, by the city council.

(4)

Fees.

Zoning permits. (Fees as determined by the zoning administrator.)

Certificates of compliance.

Public hearings.

Legal notice publications.

(5)

Recording. Where a zoning permit is approved, an appropriate record shall be made by the zoning administrator of the land use and structures permitted.

(6)

Revocation. Where the conditions of a zoning permit are violated, the permit shall be revoked by the board of appeals.

(7)

Board of appeals.

Powers and duties. The board of appeals:

Public hearings.

Decisions.

A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the department within ten days after the decision is issued.

(f)

(1)

(2)

(3)

Storm and flood water storage capacity;

Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

Shoreline protection against soil erosion;

Fish spawning, breeding, nursery or feeding grounds;

Wildlife habitat; or

Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

(4)

(5)

The appropriate district office of the department shall be provided with:

Written notice of the city council's action on the proposed text or map amendment within ten days after the action is taken.

(6)

(g)

(h)

Definitions.

(1)

(2)

The following terms used in this section mean:

Department means the Wisconsin Department of Natural Resources.

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Such lands are not adjacent to a natural navigable stream or river;

Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

Such lands are maintained in nonstructural agriculture use.

Variance means an authorization granted by the board of appeals to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this section.

Wetlands means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

(Ord. No. O-86-1, § 1, 4-28-86; Ord. No. OR00-11, § I, 5-22-2000)

Editor's note— Ord. No. O-86-1, § 1, adopted Apr. 28, 1986, has been included herein as § 106-102 at the direction of the city.