Where the conditions imposed by any part of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive, or impose higher standards or requirements, shall be enforced.

This chapter does not abrogate existing easements, covenants, or any other private agreements provided that where the regulations of this chapter are more restrictive, or impose higher standards or requirements, than such easements, covenants or other private agreements, the requirements of this chapter shall prevail.

Every building hereafter erected, structurally altered, or relocated shall be placed on a lot as herein defined:

(1)

Every building hereafter erected shall be located on a lot/zoning lot, as defined in §17.02, and in no case shall there be more than one main building on one lot/zoning lot except as may be otherwise provided herein.

(2)

No lot shall hereafter be created or any building placed on a lot which does not abut on a public street, an approved access within a planned unit development, or an approved access permitted by conditional use or special use permit as hereinafter provided.

(3)

Except as may otherwise be provided in the nonconforming uses section of this chapter (§17.07), all buildings erected hereafter, all structural alterations or relocations, all uses of land or buildings established and all enlargements of or additions to existing uses occurring after the adoption of this chapter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(4)

Any use, in any district, which becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, may be required to correct or improve such condition by such measures as are directed by the City Council consistent with reasonable technological and economic practicality.

(1)

Within the City, the use of any land; the size, shape and placement of lots; the use, size, height, location and type of structure thereon; and the provision of open spaces shall be in compliance with the regulations established herein and made applicable to the district or districts in which such land or structure is located.

(2)

Nothing herein contained shall require any change in the plans, construction, size or designated use of any structure or part thereof for which a building permit has been issued prior to the effective date of this chapter and the construction of which shall have been substantially started within 6 months from the date of such permit.

(3)

Any such use which does not conform to the regulations of the district in which it is located shall, however, subsequently be considered a legal nonconforming use.

(1)

PURPOSE. The purpose of this section is to minimize the hardships that may unintentionally occur to citizens whose present use of their lots, buildings and structures thereon do not conform wholly with the provisions of this chapter. Only uses which are lawful under an existing ordinance before the adoption of this chapter are protected by the provisions of this section.

(2)

GENERAL PROVISIONS.

(a)

Any lawfully established use of a building, structure or land, on the effective date of this chapter, or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued except as otherwise provided herein.

(b)

A legal nonconforming use of a building, structure or land existing on the effective date of this chapter may be continued, provided no such nonconforming use shall be in any way expanded or extended, either on the same or adjoining property.

(c)

When any legal nonconforming use of a building, structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(d)

A nonconforming use may not be changed to another nonconforming use.

(3)

DISCONTINUANCE.

(a)

Whenever a nonconforming use is discontinued for a period of 12 consecutive months, any future use of the building, structure or land shall conform to the regulations of the district in which it is located.

(b)

A nonconforming use shall be permanently discontinued when the structure containing the use is destroyed by any means to the extent of more than 50 percent of its fair market value. In such a case, the structure can only be reconstructed for a conforming use. Restoration or repair of a less damaged structure must be started within 120 days from the date of damage and diligently pursued to completion, or else the use shall be permanently discontinued. An extension of time beyond the 120-day limit may be granted by the Plan Commission provided good cause is shown.

(4)

MAINTENANCE. Normal maintenance of a structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations provided such repairs and alterations do not extend and intensify a nonconforming use.

(1)

CONFORMING. Any accessory building, use or structure shall conform to the applicable regulations of the district in which it is located except as specifically otherwise provided hereinafter.

(2)

ATTACHED ACCESSORY STRUCTURES. Any permanent roofed structure serving an accessory use if attached to the principal building shall be considered as part of such principal building for all regulatory purposes.

(3)

SIZE, HEIGHT, NUMBER. No accessory buildings, excluding garages (see subsection (6)), in the R-1A, R-1B, R-1C and R-2 zoning districts shall exceed a maximum of 200 square feet and have a height in excess of 14 feet. Only one such accessory building shall be allowed per lot/zoning lot. Accessory buildings, including garages, which are attached to the principal building shall be subject to the regulations stated in subsection (2) of this section. (Am. #91-27)

(4)

SIDE YARD SETBACK. Any accessory building, when located 10 or more feet from the principal building, and on the rear half of the lot and when in the R-1A, R-1B, R-1C, R-2, R-3-4, R-3-8, R-3M, R-3A, R-3B or O-1 districts, may reduce its side yard setback to within 3 feet of the side property line. Where the side property line abuts an alley the side yard setback may only be reduced to 5 feet. See §17.17(2)(f) if garage doors face an alley. (Recr. #97-30)

(5)

REAR YARD SETBACK. Any accessory building, when located 10 or more feet from the principal building, and on the rear half of the lot and when in the R-1A, R-1B, R-1C, R-2, R-3-4, R-3-8, R-3A, R-3B or O-1 districts, may reduce its rear yard setback to within 5 feet of the property line. See §17.17(2)(f) if garage doors face an alley. (Recr. #97-30)

(6)

GARAGES AND CARPORTS.

(a)

Garages accessory to a residence in the R-1A, R-1B, R-1C, R-2 and O-1 zoning districts shall conform to the following: (Am. #97-30)

1.

No more than one private detached garage structure shall be permitted on a lot/zoning lot in addition to one attached garage.

2.

No private garage shall be used for the carrying on of any general warehousing, metal working, masonry, carpentry, contracting or repair business except as a permitted accessory use for a home occupation.

3.

Any detached private garage when located less than 10 feet from the principal building shall be subject to the same setback and regulatory requirements as stipulated for the principal building to which it is accessory to.

4.

A detached private garage shall not exceed 900 square feet, except that an additional 100 square feet shall be allowed for each 2,000 square feet of lot area by which such lot exceeds 12,000 square feet, provided that no garage shall exceed 1,200 square feet. In the event that a property owner builds a garage in excess of 900 square feet, in accordance with the above stated requirements, such lot shall not be reduced in size through sale, certified survey or subdivision to a level which would result in a garage that exceeds the size limits for such lot unless the garage is reduced accordingly in size or removed.

5.

No detached private garage shall exceed 18 feet in height.

6

It is recognized that private garages are used for the storage of other normal household accessories and for the use of the residents of the principal building for minor home repair and/or building projects and minor vehicle maintenance and repair work. However, activities occurring in a garage which create excessive noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance beyond which is normally expected in a residential neighborhood is prohibited.

(b)

A porte-cochere, canopy or carport may project into a required side yard provided every part of such porte-cochere, canopy or carport is unenclosed and not less than 5 feet from any side lot line. (Am. #91-27)

(7)

PORCH OR TERRACE. An open uncovered porch or paved terrace may project into a required front yard for a distance of not more than 10 feet, but this shall not be interpreted to include or permit fixed canopies. Covered porches or buildings erected prior to the effective date of this chapter extending into a required front yard, shall not be enclosed nor included in computing the front yard requirements for adjoining buildings.

(8)

EAVES AND GUTTERS. Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40 percent of the required yard width or 3 feet or whichever is less.

(9)

OUTDOOR LIGHTING. Outdoor lighting installations shall not be permitted closer than 3 feet to an abutting property line and where not specifically otherwise regulated, shall be dark sky compliant and adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties when installed in a Commercial or Industrial Zoning District. (Am. #2017-02)

(10)

WALKS, DRIVES, DECORATIVE ACCESSORIES, ETC. (Am. # 2022-13) Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, and flag poles, where classified as permanent structures shall be permitted in setback areas, but not closed than 3 feet to an abutting property line other than a street line. Shared driveways may be permitted by the Director of Public Works closer than 3 feet to a property line in the case of shared driveways on a case by case basis.

(11)

FENCES, WALLS, SHRUBBERY. Fences and walls where anchored to supports embedded in the ground and continuous linear shrubbery such as hedges shall be considered permanent structures and shall be subject to the following:

(a)

Any such structure not in excess of 4 feet in height may be permitted anywhere on the lot, except as may be prohibited at intersections as specified in §17.10.

(b)

Any such structure in excess of 4 feet, but not more than 6 feet may be permitted provided it is no closer than 5 feet to a street line and the side facing the street is attractively landscaped.

(c)

Retaining walls shall be permitted anywhere on the lot provided no individual wall shall exceed 6 feet in height and a terrace of at least 3 feet in width shall be provided between any series of such walls. Such walls, when located along a street frontage, shall be allowed to abut the property line.

(d)

All such structures shall be no closer than 5 feet to an alley line, except as provided in subsection (e). (Am. #91-22)

(e)

Any such structure in the Industrial Districts or C-3 Central Business District not in excess of 9 feet in height may be permitted anywhere on the lot. (Am. #91-22; #2017-02)

(12)

SWIMMING POOLS. Private swimming pools, as defined in §17.02, on the effective date of this chapter, shall be subject to the following:

(a)

The pool, pump and filter shall not be located closer than 8 feet to the side or rear lot line or 50 feet to the front lot line.

(b)

No conductors, such as electrical lines, shall be located over or under the pool, pump or filter.

(c)

The pool, pump and filter shall be enclosed by a wall or fence not less than 5 feet in high.

(d)

These provisions are intended to promote the health, safety and general welfare of the City.

(13)

EARTH STATION DISH ANTENNAS. No earth station dish antenna shall be erected, constructed, maintained or operated except in conformance with the following regulations. An earth station dish antenna is permitted as an accessory use/structure.

(a)

Definition. An earth station dish antenna shall mean a combination of:

1.

A dish antenna whose purpose is to receive communication or other signals from orbiting satellites;

2.

A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and

3.

A coaxial cable whose purpose is to carry the signals into the interior of the building.

(b)

Permit. The installation of an earth station dish antenna shall require a building permit. The property owner shall submit, to the Building Inspector, plans which indicate the appearance, proposed location and installation method of the dish. All earth station antennas, and the construction and installation thereof, shall conform to applicable City building code and electrical code regulations and requirements.

(c)

Electrical Lines. All electric lines, cables and conduits running to or from any earth station dish antenna shall be underground.

(d)

Ground-Mounted Earth Station Dish Antennas.

1.

In all residential zoning districts and the O-1, C-1, P-1, and CN zoning districts, such earth station dish antennas shall be located only in the rear yard of any lot subject to the provisions contained herein:

a.

The dish antenna shall be at least 5 feet from any side or rear lot line or any alley.

b.

The dish antenna shall be at least 5 feet from the principal building on the lot

c.

The dish antenna shall have a maximum height of 20 feet above the natural grade.

d.

In the event that a usable satellite signal cannot be obtained by locating the antenna in the rear yard of the property, such antenna may be placed in the side yard of the property, provided that it shall be no closer than 5 feet to the principal structure and any side yard lot line, nor shall any portion of the dish antenna extend into any front yard area. In the case of a corner lot, the dish antenna is not permitted in the side yard area abutting the street. A building permit shall be issued only upon showing by the applicant that a usable satellite signal is not obtainable from any other permitted locations on the property.

e.

Earth station dish antennas shall be located and designed to reduce visual impact from surrounding properties at street level and from public streets through the addition of architectural features and/or landscaping that is compatible with the elements and characteristics of the property.

2.

In the C-2, C-3, C-4 zoning districts and all industrial zoning districts, such earth station dish antennas shall be allowed in any yard area subject to the provisions contained herein.

a.

The dish antenna shall be at least 5 feet from any rear property line or any alley.

b.

The dish antenna shall be at least 5 feet from any side yard lot line, except when abutting a residential district, in which case the dish antenna shall be at least 10 feet from any side yard lot line and be screened to reduce visual impact from adjacent properties at street level.

c.

In cases where the dish antenna will be located in the front yard area or in the side yard area abutting a street of a corner lot, the dish antenna shall be, set back at least 15 feet from any public right-of-way.

d.

The dish antenna shall have a maximum height of 30 feet above the natural grade.

(e)

Roof-Mounted Earth Station Dish Antennas.

1.

In all residential zoning districts and the C-1 Neighborhood Commercial District, roof-mounted earth station dish antennas shall be permitted subject to the provisions contained herein:

a.

Earth station dish antennas exceeding 36 inches in diameter shall not be permitted on the roof.

b.

A roof-mounted dish antenna shall not extend higher than 15 feet above the highest point of the roof.

2.

In the O-1, C-2, C-3, C-4, P-1 and all industrial zoning districts, earth station dish antennas shall not extend more than 20 feet above the height limit established for the district in which the structure is located.

(f)

Grounding Required. All dish antennas must be adequately grounded for protection against a direct strike of lightning.

(g)

Manufacturer's Specifications. All dish antennas shall meet all manufacturer's specifications and be constructed of noncombustible and corrosive resistant materials.

(h)

Number Permitted. Not more than one earth station dish antenna shall be permitted on a zoning lot in the R-1A, R-1B and R-1C residential districts.

(i)

Wind Load Requirements. All earth station dish antennas shall be constructed and installed to withstand a wind load of 30 pounds per square foot on that part of the face of the antenna which is solid.

(j)

Signal Not Guaranteed. No part of this section shall be construed to guarantee a property owner access to a usable satellite signal nor shall it be construed to restrict development on abutting zoning lots except as otherwise provided for in this chapter.

(14)

NEW MOBILE SERVICE SUPPORT STRUCTURE AND FACILITIES AND CLASS 1 AND CLASS 2 COLLOCATION. (Cr. #2015-20)

(a)

The definitions set forth in §66.0404(1), Wis. Stats., or in any successor or renumbered section, are hereby adopted and incorporated herein by reference.

(b)

With regard to the following activities:

1.

The siting and construction of a new mobile service support structure and facilities; and/or

2.

A Class 1 collocation, the substantial modification of an existing support structure and mobile service facilities;

there shall be an application for a permit process which a person or entity must complete to engage in the siting, construction, or modification activities for the activities described in [subsection] [(b)]1. and 2. The application for a permit shall be made through the Director of Public Works who shall determine whether the application is complete for future processing. The application shall be in writing and shall contain all of the following information:

1.

The name and business address of, and the contact individual for, the applicant.

2.

The location of the proposed or affected support structure.

3.

The location of the proposed mobile service facility.

4.

If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

5.

If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

6.

If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

If an applicant submits an application for a permit to engage in an activity described in this subsection which contains all of the information required herein the Director of Public Works shall consider the application complete. If the Director of Public Works does not believe that the application is complete the applicant shall be notified in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete. Thereafter the City shall proceed in accordance with the provisions of §66.0404(2)(d)—(g), Wis. Stats., or any successor or renumbered statute.

(c)

With regard to a Class 2 collocation, it shall be subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject. Also, there shall be an application for a permit process which a person or entity must complete. The application for a permit shall be made through the Director of Public Works who shall determine whether the application is complete for future processing. The application shall be in writing and shall contain all of the following information:

1.

The name and business address of, and the contact individual for, the applicant.

2.

The location of the proposed or affected support structure.

3.

The location of the proposed mobile service facility.

If an applicant submits an application for a permit to engage in a Class 2 collocation which contains all of the information required herein the Director of Public Works shall consider the application complete. If the Director of Public Works does not believe that the application is complete the applicant shall be notified in writing, within 5 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete. Thereafter the City shall proceed in accordance with the provisions of §66.0404(3)(c), Wis. Stats., or any successor or renumbered statute.

(d)

In regard to either subsection (b) or subsection (c) the City shall not engage in any of the applicable prohibitions set forth in §66.0404(4), Wis. Stats., or any successor or renumbered statute.

(e)

The activities regulated in this section are subject to all other laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways.

(1)

No unenclosed storage of materials, equipment, supplies or vehicles shall be permitted where such storage is unsightly to the surrounding view.

(2)

No recreational vehicle, boat, bus or truck may be stored or parked on a lot in a residence district outside of a garage or building unless such vehicle is to the rear of the front yard setback line.

(1)

Vision setback lines at the intersection of public streets and of a street with a railroad, where the grade is not separated, are hereby established as follows:

(a)

Across each sector between the intersection of a street with a railroad a vision setback line shall be established by a straight line connecting points on the street right-of-way line and the railroad right-of-way line, which points are located 30 feet from the intersection of the street right-of-way line and the railroad right-of-way line.

(b)

Across each sector between intersecting streets a vision setback line shall be established by a straight line connecting 2 points of the intersecting street right-of-way lines, which points are located 25 feet from the intersection of said right-of-way lines.

(2)

In the vision setback area, no structure of any kind shall be permitted which exceeds a height of 2 feet above the elevation of the center of the intersection, except for necessary highway and traffic signs and public utility lines, nor shall any plant material or natural growth be permitted which obscures safe vision of the approaches to the intersection.

(3)

On corner lots of record on the effective date of this chapter, the effect of the setback regulations shall not reduce the buildable width of such corner lot to less than 28 feet.

(4)

The requirements for vision setback lines shall not apply within the Central Business District.

(1)

Any use not specifically listed as a permitted use or a conditional use in the districts established in §17.13 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Plan Commission for determination in accordance with the following procedure:

(a)

Application. Application for determination for classification of an unlisted use in the districts established in §17.13 shall be made in writing to the Administrator and shall include a detailed description of the proposed use and such other information as may be required by the Plan Commission to facilitate the determination.

(b)

Investigation. The Plan Commission shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in the chapter and to determine its classification.

(c)

Determination. The determination of the Plan Commission shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The Commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in §17.13.

(d)

Effective Date of Determination. At the time of the determination of the classification of the unlisted use by the Plan Commission, the classification of the unlisted use shall become effective.

(1)

PURPOSE. The purpose of this section of this chapter is to regulate the conditions under which occupations may be carried on in homes in order that such home occupations may not undermine the general intent and purpose of this chapter and the specific purposes of the residential districts. The standards for home occupations in this chapter are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental status in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use qualifies as a home occupation.

(2)

STANDARDS. Home occupations shall be subject to the following standards:

(a)

Such occupation shall be conducted solely by resident occupants in their residence.

(b)

The home occupation shall be incidental and subordinate to its use for residential purposes.

(c)

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction and lighting.

(d)

The occupations shall be conducted wholly within the dwelling or an accessory building.

(e)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(f)

No home occupation use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance beyond what normally occurs in the applicable zoning district.

(g)

There shall be no outside storage of any kind related to the home occupation.

(h)

No home occupation shall involve the use of commercial vehicles for delivery of materials to or from the premises.

(i)

Activities which involve the manufacture, utilization, processing or storage of chemicals or inflammable and explosive materials shall not be carried out.

(3)

NAMEPLATE ALLOWED. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation. It shall not exceed one square foot in area, shall be nonilluminated, and attached flat to the main structure or visible through a window. The limitation to one nameplate is intended to apply to all lots, including corner lots.

(4)

PERMITTED HOME OCCUPATIONS. Home occupations include, but are not necessarily limited to, the following:

(a)

Physician, surgeon or dentist for consultation or emergency treatment.

(b)

Private tutoring limited to 3 pupils at any one time, nursery schools limited to 3 pupils, musical instruction limited to a single pupil at a time and a maximum of 4 hours of instruction per day.

(c)

Architects, professional engineers, surveyors, landscape architects and other professional person, provided that no person is employed other than a member of the immediate family residing on the premises.

(5)

HOME OCCUPATIONS NOT PERMITTED. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, the home occupations not permitted include, but are not necessarily limited to, the following:

(a)

Barber shops and beauty parlors.

(b)

Tea room. (Am. #95-11)

(c)

Stables and kennels.

(d)

Medical offices, including but not necessarily limited to, physicians, surgeons, dentists, chiropractors or optometrists for the general practice of the profession.

(e)

Attorneys-at-law.

(6)

Any proposed home occupation that is neither specifically permitted by subsection (4) nor specifically prohibited by subsection (5) shall be considered a special use and be granted or denied by the City Council upon consideration of those standards contained in subsection (2) and in accordance with the procedures as required in §17.48 of this chapter.