(1)

Excavations from or deposits on the earth of rock, stone, gravel, sand, earth, minerals or building or construction materials shall not be construed to be a permitted use in any district, except for the following excavations and deposits:

(a)

Excavations for the foundation or basement of any building or for a swimming pool for which a certificate of zoning compliance and a building permit have been issued, or deposits on the earth of any building or construction materials to be used in a structure for which such certificate of zoning compliance and building permit have been issued when such construction is diligently pursued to completion.

(b)

Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than ten feet in vertical height, or when less than 1,000 cubic yards of earth is removed from the premises.

(c)

Grading in a subdivision that has been approved by the city.

(d)

Excavations by any public agency or public utility for the installation, operation, inspection, repair or replacement of any of its facilities.

(2)

For land located in any zoning district, the common council may grant conditional use approval, revocable and valid for specified periods of time, to permit extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals, or building or construction materials as specifically set forth in this chapter.

(3)

The zoning administrator shall make such inspections as he deems necessary or as are required by the plan commission to ensure that all work is in accordance with the conditional use approval. All inspection services shall be paid for by the applicant at the actual cost to the city.

(4)

The conditions under which approval for excavation from or depositing on the earth of such materials may be granted may include but are not limited to:

(a)

Any requirements deemed necessary to protect the public health, safety, comfort, convenience or general welfare, including insurance against liability arising from production or activities or operations incident thereto;

(b)

Completion of work and cleaning up and planting in accordance with approved plans;

(c)

Designation of areas in which work may be done;

(d)

Designation of the slope to which excavations may be made or the grade of filling;

(e)

Provisions for controlling dust;

(f)

Hours during which operations may proceed;

(g)

Precautions required to be taken to guide safe traffic movements in, around and by such operation;

(h)

Enclosure by fences of exterior boundaries of the property to be used;

(i)

Posting of a letter of credit or certified check in an amount established by the city to assure compliance with the conditions of approval; and

(j)

Any other conditions deemed necessary by the plan commission.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Automobiles. In residential districts, only one automobile may be parked on any unpaved surface.

(2)

Truck trailers. No truck trailers, whether registered or unregistered, shall be parked outside in any district without a conditional use permit, except at a truck freight terminal and except for the parking of one truck trailer in regular use on the highway at premises owned by its owner/operator. A truck trailer may also be used as a construction office or for construction storage on a construction site during the period in which the building and/or subdivision is under construction. Upon issuance of the final occupancy permit, all construction trailers must be removed.

(3)

Recreational vehicles. Only travel trailers which are 35 feet or less in length and eight feet or less in width may be parked or stored outside in any district in the city. Pop-up campers, 24 feet or less in length and five and one-half or less in height, may be parked or stored outside in any district in the city. Watercraft, 35 feet or less in length and 12 feet or less in height, either mounted on a boat trailer or un-mounted, may be parked or stored outside in any district in the city. Said vehicles shall only be parked in rear yards and side yards of the parcel.

(Ord. No. 664-11, § 3, 9-20-11)

Editor's note— Ord. No. 664-11, § 3, adopted Sept. 20, 2011, repealed former § 114-95, and enacted a new § 114-95 as set out herein. Former § 114-95 pertained to outdoor storage of travel trailers, recreational vehicles and truck trailers and derived from Ord. No. 643-09, §§ I, II, adopted April 8, 2009.

The following performance standards shall apply in all zoning districts unless specifically otherwise provided. The proponent of any manufacturing use allowed as a conditional use shall give evidence of ability to comply with the following standards before the issuance of a certificate of zoning compliance; and continued compliance shall be required during the operation of such uses and activities. No use already established on the effective date of this chapter shall be so altered or modified as to conflict with or further conflict with the performance standards established by this section.

(1)

Residual features. No activity or operation shall be established or maintained that by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust or particulate matter in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety or cause injury to property or business.

(2)

Glare. Any lighting used to illuminate an off-street parking area, sign, swimming pool or for any other purpose, shall be so arranged as to deflect light away from any adjoining residential property and from the vision of passing motorists. Direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding, shall not be directed into any adjoining property.

(3)

Explosives. No activities involving the storage, utilization or manufacture of materials, goods or products that could decompose by detonation shall be permitted except when specifically licensed by the common council.

(4)

Vibration. No activity or operation shall cause earth vibrations perceptible beyond the limits of the lot upon which the operation is located, except for temporary construction-related activities for a specified period of time with the specific prior approval of the common council.

(5)

Activity within enclosed buildings. All fabrication, manufacturing, processing or production shall be undertaken substantially within enclosed buildings.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Screening. Except where outdoor sales are expressly approved, all outdoor storage in any district shall be fully screened year-round with opaque fencing or landscaping.

(2)

Refuse. All waste material, debris, refuse or garbage not disposed of through the public sanitary sewerage system shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of any vacant land shall be responsible for keeping such land free of refuse. For nonresidential development subsequent to the effective date of this ordinance, an enclosure shall be constructed of materials compatible with the front wall of the principal building and large enough to enclose all waste and waste receptacles.

(3)

Landscaping. In all but the CBD-1 central business district all nonresidential and multifamily uses shall provide a landscaped yard along all streets. Such yard shall be kept clear of all structures and storage except off-street parking and water retention. Such yard shall be at least eight feet deep along all streets, measured from the street right-of-way. Except for driveways, the yard shall extend the entire frontage of the lot, and along both streets in the case of a corner lot.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Except as specifically provided otherwise in this chapter, no temporary structure shall be used or occupied for any purpose and no land shall be used for any temporary enterprise, whether for profit or not-for-profit, unless a temporary use permit has been obtained. Temporary use permits will be issued for a use not otherwise allowed in the zoning district provided that the applicant provides evidence substantiating the following:

(a)

The permit will be necessary for a limited time or will be an occasional use;

(b)

The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of land;

(c)

The temporary use will not have a detrimental effect on adjacent properties and will be in general harmony with surrounding uses;

(d)

The temporary use will not create excessive traffic hazards on adjacent streets and that traffic control, if necessary, will be provided at the expense of the applicant; and

(e)

That a site plan has been reviewed and approved by the zoning administrator with consideration given to safety and site orientation for the purpose of minimizing impact on neighboring uses.

(f)

That common council approval has been obtained for those uses and activities otherwise requiring council approval.

(2)

The zoning administrator may issue a temporary use permit for a period not to exceed 14 days except where other time limits are set forth herein. The following temporary uses may be permitted, provided a temporary use permit has been obtained, within the stated limitations:

(a)

Arts and crafts shows, outdoor. Display of painting, sculpture, handcrafts and similar objects not to exceed maximum period of 72 hours.

(b)

Christmas tree lots. Christmas tree lots may be permitted for a maximum of 30 days.

(c)

Circuses and carnivals. Provisions of games, eating, drinking, live entertainment, or similar activities in tent or other structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility.

(d)

Live entertainment events, temporary. Concerts and other cultural events for a maximum of five days.

(e)

Street fairs. Provisions of games, eating, drinking facilities, live entertainment or similar activities not requiring the use of roofed structures. This classification includes block parties for a maximum period of 24 hours.

(f)

Temporary religious assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use, for a period not to exceed 30 days.

(g)

Other temporary uses. Temporary uses not specifically set forth herein may be permitted for a maximum of 30 days. Where the use is similar to a listed use the time limit established shall be comparable.

(3)

Denial of a temporary use permit may be appealed to the board of appeals.

(4)

Garage or yard sales. Temporary use permits are not issued for garage or yard sales. Garage or yard sales are a permitted use provided:

(a)

They are taking place at a residential premises.

(b)

They are conducted by the residents of that premises.

(c)

They take place for no more than three consecutive days.

(d)

They take place at any given property no more than three times a year.

(e)

It is noted that garage or yard sales which fail to meet all of the above provisions are considered a commercial retail sales business and are subject to district use provisions applicable to retail sales.

(Ord. No. 643-09, §§ I, II, 4-8-09)

In each quadrant of every street intersection and where driveways or railroad tracks intersect with streets, there shall be a vision clearance triangle, bounded by the inner street right-of-way lines and a line joining points on such lines located not less than 20 feet from their intersection. Within this triangle, no object except tree trunks, posts and wire fences shall be allowed above two and one-half feet above the street centerline if such object obstructs the view across the triangle, unless prior permission has been granted by the plan commission.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Height. No accessory structure shall exceed 20 feet in height except in nonresidential districts where they are permitted upon prior approval of the plan commission, but shall not in any case exceed the height of the principal building.

(2)

Yard coverage. Detached accessory structures shall not cover more than 35 percent of the rear yard nor shall they cause the district lot coverage limits to be exceeded, unless conditional use approval is granted.

(3)

Location.

(a)

Residential. No part of a detached accessory structure shall be located within the required side yard. No part of a detached accessory structure shall be located closer than five feet to the rear lot line. No detached accessory structure shall be closer than ten feet to the principal building. No accessory structure shall be located in the front yard.

(b)

All other districts. No part of any detached accessory structure shall be located in the front yard. All accessory structures shall meet district setbacks for principal buildings. No detached accessory structure shall be closer than ten feet to the principal building.

(4)

Time of construction. No accessory structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(5)

Use of accessory building. Use of any detached accessory structure as a dwelling is strictly prohibited. Accessory structures may have more than one floor level, subject to the applicable height limitations.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Fences, walls or hedges used for any purpose shall in all districts conform to the following:

(1)

No barbed wire or other sharp pointed fence and no electrically charged fence shall be erected or maintained except as specified. In industrial districts barbed wire is allowed provided it is not lower than six feet from the ground level. In the RD rural development district, electrically charged fences are permitted for livestock enclosure.

(2)

No permanent fence or retaining wall shall be constructed or erected within any public street or alley right-of-way unless authorized by common council. Fences erected on public easements or across ditches shall be so constructed that drainage shall not be obstructed and, in event of necessity, the removal and replacement of such fence or other improvement shall be the sole responsibility of the property owner.

(3)

Fences, walls and hedges in all residential (R) districts shall not exceed a maximum height of six feet and may be located up to lot lines. (See subsections (5) and (8)).

(4)

Fences, walls and hedges in all commercial (B and CBD-1) and industrial (I) districts shall not exceed a maximum height of eight feet and may be located up to lot lines. (See subsections (5) and (8)).

(5)

Fences, walls and hedges shall not exceed four feet in height when located in the front yard and must comply with vision triangle requirements.

(6)

On a through lot, both street lines shall be deemed front lot lines for the purpose of determining the setback for fences, walls and hedges.

(7)

In all districts, structural members shall face the property on which the fence is located, unless the fence is of the "good neighbor style" where both sides look the same.

(8)

A property survey is required prior to the construction of any fence less than two feet from any property line. Any fence installed subsequent to the effective date of this ordinance shall be removed by its owner if found, by survey, to be located on a neighboring property. No compensation shall be due to the owner of such fence; he shall be fully responsible for restoration of the site to a condition comparable to that of the adjacent area.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Private, noncommercial greenhouses under 150 square feet in area are permitted in the rear yard of all districts subject to limitations set forth in section 114-100. Private, noncommercial greenhouses may exceed that size in the RD Rural Development District.

(Ord. No. 643-09, §§ I, II, 4-8-09)

One guesthouse without kitchen facilities may be constructed on a residential zoning lot in the RD rural development district; provided it is located in the rear yard, is a minimum of ten feet from any other building, is not more than 850 square feet in area and all other yard requirements for a principal building are complied with.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Private stables and paddocks are permitted as accessory structures only in the RD rural development district. They may only be located in the side or rear yard and not closer than 40 feet to any dwelling on the same or adjoining property. Stables may not be less than 200 feet from any property line and paddocks may not be less than 20 feet from any property line. The minimum lot area upon which horses may be kept is two acres, and no more than three horses are permitted.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Applicability. This section shall apply to any manmade pool, pond, lake or open tank not located within a completely enclosed building and containing, or normally capable of containing, water to a depth at any point greater than one and one-half feet and used or intended for use as a swimming pool or fish pond (herein referred to collectively as "swimming pools").

(2)

Restrictions. No such swimming pool shall be allowed in any residential or rural development district except as an accessory use and except in compliance with the following:

(a)

The pool shall be intended to be used, and shall be used, solely for the enjoyment of the occupants of the principal use of the property on which it is located.

(b)

The pool, including any walks or paved areas or accessory structures adjacent to the pool, shall not be closer than 20 feet to any property line of the property on which it is located.

(c)

The swimming pool and its appurtenances shall not be located closer than ten feet to a principal structure nor shall they be located in a front yard.

(d)

The swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties.

(e)

An 18-foot electrical wire clearance must be maintained from the nearest point of the pool to the power line. All wiring around pools must conform and be maintained to meet all present city electrical codes.

(3)

Swimming pools in nonresidential districts are conditional uses and subject to regulations set forth under subsection (2) with the exception of subsection (2)(a).

(Ord. No. 643-09, §§ I, II, 4-8-09)

Home occupations are allowed as conditional uses in all residential districts subject to the following:

(1)

Incidental use only. The home occupation shall be incidental to the principal use of the premises as a dwelling unit.

(2)

On-site sales limited. No article is sold or offered for sale on the premises except that produced by such occupation.

(3)

Equipment. No mechanical equipment is used other than that permissible for purely domestic purposes.

(4)

Traffic. No pedestrian or vehicle traffic is generated in addition to that typical for a residential neighborhood.

(5)

Area of use. Home occupations shall be entirely contained within the interior of a residence or located in garages or accessory structures on the site. No visible evidence of the business shall be apparent from the street or surrounding area. Family day care homes are allowed to have an outside play area which shall be fenced. A home occupation shall use no more than 20 percent of the total dwelling unit floor area. Those home occupations which require occasional meetings using more than 20 percent of the floor space may be permitted, providing such meetings do not occur more frequently than once per month.

(6)

Employees. The home occupation shall be conducted by family members residing on the premises with no assistance from other individuals or groups.

(7)

Parking. No parking in the public right-of-way shall occur as a result of this home occupation except for occasional meetings, recitals or demonstrations, and day care pick up/drop off.

(8)

Changes to exterior. The appearance of a dwelling as a residence shall not be altered in such a way as to change its residential character. Alterations of building material, size or color; lighting fixtures or intensity; parking area; or any other exterior change should not cause the structure to lose its residential character nor should it detract from the residential character of the neighborhood.

(9)

Nuisance controls. A home occupation shall not create excessive noise, dust or dirt, heat, smoke, odors, vibration and glare or bright lighting which would be over and above that normally created by a single-family dwelling. The production, dumping or storage of combustible or toxic substances shall not be permitted on-site. Additionally, a home occupation shall not create interference or fluctuations of radio or television transmission.

(10)

Visitation. A home occupation may attract patrons, students or any business-related individuals only between the hours of 6:00 a.m. and 9:00 p.m. A home occupation shall not generate more than six arrivals and six departures per day by vehicles except for family day care operations which shall not generate more than 12 arrivals and 12 departures per day by vehicles. These standards shall not be construed to prohibit occasional group gatherings, recitals or demonstrations. However, such gatherings shall not occur more frequently than once per month and must be held within the specified visitation hours.

(11)

Signage. Signage or other forms of advertising pertaining to the home occupation may be placed or painted onto the exterior of the residence or in the yard of a residence. These signs may not exceed two square feet in total area.

(12)

Garage or yard sales are not classified as home occupations and are regulated under subsection 114-98(4).

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Approval for a nursing home shall be obtained from proper agencies concerning health and safety conditions, and such home shall be licensed by such agencies.

(2)

Nursing homes, on-site accessory buildings and impervious surface together shall not exceed 60 percent lot coverage.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

State regulations adopted. The provisions of Wis. Stats. § 66.0435, and the definitions therein are hereby adopted by reference and incorporated herein as though set forth in full. Mobile homes and mobile home parks shall conform to all applicable state regulations, including those set forth in Wisconsin Administrative Code ATCP 125.

(2)

Parking permit fees.

(a)

Imposed. There is imposed on each occupied, nonexempt mobile home located in the city a monthly parking fee determined in accordance with Wis. Stats. § 66.0435. Such fees shall be paid to the city treasurer on or before the tenth day of the month following the month for which such fees are due.

(b)

Administration.

1.

Information to city officials. Licensees of mobile home parks and owners of land on which are parked any occupied, nonexempt mobile homes shall furnish information to the city clerk and city assessor on mobile homes added to their park or land within five days after arrival of such homes on forms furnished by the city clerk.

2.

Payment to city treasurer. Occupants or owners of nonexempt mobile homes parked outside of a mobile home park shall remit such fees directly to the city treasurer as provided in subsection (a). The licensee of a mobile home park shall collect such fees from each occupied, nonexempt mobile home and shall remit such fees to the city treasurer as provided in subsection (a).

3.

Cash deposit. Owners of nonexempt, occupied mobile homes, upon receipt of notice from the city clerk of their liability for the monthly parking permit fee, shall remit to the city clerk a cash deposit in accordance with the currently adopted fee schedule in effect at the time to guarantee payment of such fees when due to the city treasurer. The licensee of a mobile home park shall collect such cash deposits from each occupied, nonexempt mobile home and remit such deposits to the city clerk. Upon receipt of a notice from the owner or licensee that the nonexempt, occupied mobile home has been or is about to be removed from the city, the city clerk shall direct the city treasurer to apply such cash deposit to reduce any monthly parking permit fees for which such owner is liable and refund the balance, if any, to such owner.

(3)

Mobile home park license.

(a)

Required. No person shall establish or operate upon property owned or controlled by him within the city a mobile home park without a license from the city clerk.

(b)

Fees. The application for such license shall be accompanied by a fee per space in the existing or proposed park but not less than a certain minimum as set forth in the currently adopted fee schedule at the time.

(c)

Term. The license shall expire one year from the date of issuance.

(4)

Mobile homes to be located in mobile home parks. Except as otherwise provided, no mobile home used for residential purposes shall be located in the city except in a licensed mobile home park; however, any mobile home which was being used for residential purposes on July 10, 1969, outside a mobile home park may continue in use so long as the particular mobile home continues to be located on the same premises that it was on July 10, 1969.

(5)

Zoning regulations. Mobile home parks are permitted as a conditional use in the R-5 mobile home park district. Mobile home parks are prohibited outside the R-5 district.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Adult oriented establishments.

(a)

Purpose and intent. The purpose of this section is to control through zoning regulations certain adult oriented establishments that have a direct and detrimental effect on the character of the city's residential neighborhoods and commercial areas. This section shall not impose a limitation on the content of any communication materials, including sexually oriented materials as protected by the First Amendment.

(b)

Applicability. The provisions of this section of the zoning code shall apply to all existing and future adult oriented establishments. However, any such establishment existing on the effective date of this ordinance that does not meet the zoning district restrictions or the distance limitations, may continue its existence as a nonconforming use; provided, however, that no such business may be enlarged or increased in size or reopen after being discontinued for a period exceeding 180 days.

(c)

General Requirements.

1.

Zoning district and location limited. Adult oriented establishments may be operated or maintained only within the I-2 district. Adult oriented establishments shall be located on a minor or major arterial street and are subject to the distance limitations noted below.

2.

Distance limitations. Distance limitations set forth herein shall be measured in a straight line from the lot lines of said premises and the lot line of properties located in specified districts. No adult oriented establishment shall:

a.

Be operated or maintained within 1,000 feet of the boundary of any residential or institutional district;

b.

Be operated or maintained within 1,000 feet of a park, recreational site, licensed day care facility, public library, public or private educational facility which serves persons under age 18, place of worship, or elderly housing facility;

c.

Be operated or maintained within 2,500 feet of any other adult oriented establishment.

3.

Same use restrictions. No adult oriented establishment shall be located in the same building or upon the same property as any other adult oriented establishment.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Agricultural processing plants that process agricultural products produced on the premises or within a contiguous area shall be so located as to provide convenient trucking access with a minimum of interference to normal traffic and shall provide parking and loading spaces. The proponent shall show that adequate measures will be taken to control odor, dust, noise and waste disposal so as not to constitute a nuisance and shall show that use of the proposed source of water will not deprive others of normal supply. Agricultural processing is conditionally allowed as an accessory use in the RD rural development district.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Golf driving ranges and amusement parks shall be located on major or minor arterial streets. Floodlights used to illuminate the premises shall be so directed and shielded as not to be an annoyance to any developed residential property. Golf driving platforms shall be not less than 200 feet from any adjacent residential district except the RD rural development district or any existing dwelling. A temporary certificate will be granted, to be in force for one year; and such certificate may be renewed for a period of one year at the expiration of each temporary certificate, provided all requirements of this chapter have been and can continue to be met.

(Ord. No. 643-09, §§ I, II, 4-8-09)

An animal hospital shall be not closer than 100 feet to any residential district, restaurant, hotel or motel; and the proponent shall show that adequate measures and controls will be taken to prevent offensive noise and odor.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

In community buildings and similar structures, there shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.

(2)

Any such use shall be located on a major or secondary thoroughfare or shall otherwise provide access without causing heavy traffic on local residential streets.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Drive-in theaters shall be located only on major or secondary thoroughfares, shall provide ingress and egress so designed as to minimize traffic congestion, shall be located sufficiently distant from any residential district, except the RD district or existing dwellings and so screened from such district or dwellings that any noise and screen location shall not disturb residents, and shall maintain lighted signs and other lights only in such a way as not to disturb neighboring residents.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Fertilizer plants and yards shall be not closer than 500 feet to any zoning district except an industrial district, and shall provide automobile parking and truck loading areas together with ingress and egress so designed to minimize traffic hazard and congestion; and the proponent shall show that odor, dust, noise and drainage will not constitute a nuisance to surrounding properties.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Aboveground storage of materials or products rated as fast-burning, or which produce flammable or explosive vapors or gases, shall be permitted in the industrial districts upon written approval by the plan commission and common council only after investigation and public hearing. Any such storage area shall be provided with adequate safety devices against fire and explosion and with adequate fire suppression and firefighting equipment and devices to the satisfaction of the fire chief and shall meet all requirements of other applicable city ordinances.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Motor fuel stations shall comply with the following standards:

(1)

The setback of any overhead canopy or weather protection, freestanding or projecting from the station structure, shall be not less than ten feet from the street right-of-way and not less than 20 feet from an adjacent property line.

(2)

The total height of any overhead canopy or weather protection shall not exceed 20 feet.

(3)

Each motor fuel station shall be architecturally designed to be as compatible as possible with the architecture of the area in which it is located.

(4)

For the purpose of architectural appropriateness, each side of a motor fuel station shall be considered a front face.

(5)

The entire motor fuel station site, other than that part devoted to landscaping and structures, shall be surfaced with concrete or bituminous surfacing to control dust and provide adequate drainage; and such surfaces shall be designed to meet the requirements of a minimum four-ton axle load.

(6)

Wherever a motor fuel station abuts a residential district or use, a fence or compact evergreen hedge at least 25 percent opaque and not less than six feet high shall be erected and maintained along the side and rear property line that abuts such district or use; provided this provision shall not be interpreted to require a fence within 15 feet of any street right-of-way.

(7)

All trash, waste materials and obsolete automobile parts shall be stored within a separate enclosure behind the principal structure of the motor fuel station.

(8)

All interior curbs shall be constructed within the property lines to separate driving and parking areas from landscaped areas. Such curbing shall be constructed of concrete; mountable-style curbs are not permitted.

(9)

All outdoor illumination shall be provided with lenses, reflectors or shades that will concentrate the light upon the premises so as to prevent any undue glare or rays of light therefrom being directly visible upon any adjacent street, roadway or private property.

(10)

Notwithstanding anything to the contrary in other sections of this chapter, the following minimum requirements shall be observed for yards and setbacks for motor fuel stations and all their appurtenant buildings and structures (excluding canopies):

Hospitals, churches or other religious or eleemosynary institutions shall be located on a major street on a minimum of one-half acre and shall maintain at least a ten-foot-wide landscaped strip on all property lines abutting all residential districts (except the RD rural development district) and on all residential streets. Such facilities in existence as of the effective date of this ordinance are exempt from this provision.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

The lot on which any kennel is situated shall have a minimum area of three acres.

(2)

Every kennel shall be located at least 200 feet from the nearest dwelling and at least 100 feet from any lot line.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Community buildings, private clubs, lodges and social or recreational establishments may engage in retail sales for guests, provided:

(1)

There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.

(2)

There shall be no harm to adjacent existing or potential residential development due to excessive traffic, noise or other circumstances.

(Ord. No. 643-09, §§ I, II, 4-8-09)

No shooting club shall be located within an unsafe range of any developed area or where such location would create a nuisance. A temporary certificate will be granted, to be in force for one year; and such certificate may be renewed for one year at the expiration of each temporary certificate, provided the above requirements have been and can continue to be met.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Travel trailer parks and campgrounds may be permitted as conditional uses in the districts specified in section 114-73.

(2)

The minimum size of a travel trailer park or campground shall be five acres.

(3)

The maximum density of travel trailers or campsites shall be 15 per acre.

(4)

A travel trailer site or campsite shall be not less than 25 feet wide by 40 feet long.

(5)

No travel trailer site or campsite shall be occupied by the same occupant for more than 30 consecutive days.

(6)

Each travel trailer site or campsite shall be separated from other travel trailer spaces or campsites by a yard not less than 15 feet wide.

(7)

Parking shall be provided in accordance with article V, division 5, regarding off-street parking and loading.

(8)

There shall be a minimum setback of 40 feet at all lot lines of a travel trailer park or campground.

(9)

Travel trailer parks and campgrounds shall conform to all state requirements.

(10)

The screening provisions for mobile home parks shall be met. (See subsection 114-61(6)).

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Wireless telecommunication antennas.

(a)

Purpose and intent.

1.

To ensure the provision of wireless communication service within the corporate boundaries of, and for the benefit of, the residents and businesses of the City of Columbus.

2.

To protect the public health, safety, and general welfare of the community, public and private property, and community aesthetics.

3.

To minimize the visual impact of towers, antennas, and associated buildings through design and siting standards.

4.

To maximize the use of existing and approved towers and buildings to accommodate multiple antennas in order to reduce the number of towers needed to serve the community.

5.

To avoid damage to adjacent properties from tower failure through structural standards and setback requirements.

(b)

Conditional use permit required. A conditional use permit is required for wireless communication facilities in those zoning districts in which wireless communications facilities are allowed as conditional uses. Wireless communications facilities are allowed as conditional uses in any zoning district. In the CBD-1 central business district and in any residential district they shall only be allowed on existing structures.

(c)

Application. At the time of application for a conditional use permit, the applicant shall submit the following information:

1.

A site plan showing the location of the proposed tower as well as the location of the proposed equipment storage building. The site plan shall include any equipment storage buildings which shall be designed to accommodate other potential carriers that may locate on the tower and accommodate expansion.

2.

A written statement signed by the applicant that Federal Aviation Administration (FAA) and State of Wisconsin approvals are not required, or a copy of those applications if they are required.

3.

An explanation describing how the proposal is in concert with zoning and land use requirements of the particular zoning district.

4.

A visual impact statement, including a site photo, drawing of the proposed structure, and setting forth the location of the structure plotted on an aerial map of a scale of one inch equals 300 feet or finer, showing adjacent land uses within a radius of 2,500 feet of the structure.

5.

A statement describing the access to the facility.

6.

Applicant shall submit a site plan of the facility, showing the relationship of all major components of the facility, including a tower, fence, buildings on-site, lot lines and nearest residences and access roads.

7.

A statement describing the impact on utility services at the proposed facility.

8.

An engineering analysis, conducted by a registered professional engineer familiar with the structure, which considers the following:

a.

Structural capacity.

b.

Antenna aperture.

c.

Space and equipment building.

d.

FCC, FAA, and/or State of Wisconsin limitations.

e.

The analysis shall include a written report from the engineer in the application describing strengthening methods to be used along with a statement that the proposed facility meets the latest Electrical Industries Association (EIA) requirements for anticipated wind loads.

9.

A detailed statement of how arcing, spurious emissions, intermodulation, and distortion will be minimized by RF transmitter filtering, secure bonding of waveguide, transmissions lines and other tower and guy attachments and the use of corrosion resistant hardware.

10.

If the application proposes a new tower structure instead of co-location, the applicant must also submit documentation outlining the reasons for not co-locating.

(d)

Co-location requirements. No proposal for the construction of a new wireless communication tower will be approved unless the applicant documents to the satisfaction of the common council that the antenna planned for the proposed tower cannot reasonably be accommodated on an existing, conforming co-location tower or structure, or on a utility pole within the applicant's search ring due to one or more of the following:

1.

The antenna would exceed the structural capacity of the existing or approved tower or building (engineering report required).

2.

The antenna would cause interference with other existing or planned equipment at the tower or building (engineering report required).

3.

Existing or approved towers and buildings cannot reasonably accommodate the antenna at a height necessary for the proposed antenna to provide services to the residents and businesses of the city (engineering report required).

4.

Existing or approved towers and commercial buildings are outside of the documented search area (map of entire search area required).

5.

The owners or lessors of the existing or approved towers and buildings are unwilling to allow co-location upon their facilities (letters from all carriers within search area required).

(e)

Plan commission review. The following criteria shall be considered in granting a conditional use permit:

1.

Whether the wireless communications facility complies with pertinent FCC regulations and federal requirements concerning RF emissions.

2.

Whether or not municipal sites are available for a wireless communication facility.

3.

Whether Federal Aviation Administration (FAA) and State of Wisconsin approval is required and, if so, whether it has been obtained.

4.

The design of the existing structures and new towers or appurtenances to be placed on buildings or to be ground-mounted must be approved by a registered professional engineer familiar with the requirements of such structures. The professional engineer's analysis shall include:

a.

Tower "free fall" zone based upon tower break points; radius for falling tower appurtenances, hardware and ice; windscatter of paint, general public safety with respect to load capacity; percentage of ultimate tower capacity reserved for future use.

b.

The configuration, design and size of any equipment storage buildings shall be consistent with buildings in the particular zoning district and will comply with the requisite setback requirements in the district.

5.

Whether the proposal is in concert with the zoning and land use requirements of the particular zoning district.

6.

Whether there is a visual impact of the wireless communications facility and the appurtenant buildings upon the adjacent area including distance from residences, scenic vistas, and whether any appropriate landscaping is in place or proposed which would act as a screen such as trees, berms or buildings. A surface paint or finish shall be used on all towers, antennas, and equipment that reduces the visibility of the tower and equipment. Equipment on an existing structure shall be painted to match the structure. Freestanding towers and equipment shall be colored to harmonize with the surrounding environment as approved by the plan commission.

7.

The access to the facility and:

a.

Whether the facility is restricted by fence or locked rooftop.

b.

Who possesses keys.

c.

Whether there are anti-climbing provisions at the facility.

8.

The impact of utility services at the proposed facility.

9.

Whether there is adequate provision for maintaining the facility in good repair and condition, including painting and grass trimming.

10.

Whether the proposed facility is the best alternative within a radius of one mile.

11.

The number of users which could be accommodated on the proposed structure based upon an engineering analysis, conducted by a registered professional engineer familiar with the requirements of the structure, which considers the following:

a.

Structural capacity.

b.

Antenna aperture.

c.

Space and equipment building.

12.

In determining whether to grant a conditional use permit, the city may impose conditions as necessary to minimize any adverse effect of the proposed facility on adjoining properties.

13.

In the event additional equipment is required for reasons such as new technologies or a greater number of carriers than anticipated, then the existing storage building shall be expanded to accommodate such equipment. Where, based on the site configuration, it is not practical to design one equipment storage building to accommodate the needs of the total number of carriers on the tower, the plan commission may allow more than one equipment storage building on a site.

(f)

Setbacks.

1.

The minimum setback of the base of the tower from any property line, public right-of-way, unrelated building or structure shall be equal to 110 percent of the height of the tower.

2.

Setbacks for accessory buildings and structures incidental to the use of the tower or antenna shall comply with the requirements of the zoning district in which the structure is located.

(g)

Abandonment. Any wireless communication facility that is not operated for a continuous period of six months shall be considered abandoned and the owner of such facility shall remove the same within 90 days of receipt of notice from the city notifying the owner of abandonment.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Statement of intent. Off-street parking and loading regulations are intended to provide orderly, safe and aesthetically pleasing parking and loading areas sufficient to serve the minimum needs of all permitted and conditional uses within the city; so designed in conjunction with non-vehicular access to properties and other site design considerations.

(2)

General provisions.

(a)

Parking and access required.

1.

In all districts and in connection with every use, there shall be provided, at the time any use is erected, enlarged, extended or increased, off-street parking stalls for all vehicles in accordance with the provisions of this division; except when the plan commission waives the requirement for off-street parking where adequate on-street parking is readily available.

2.

Minimum requirements are set forth in this division.

3.

Adequate access to a public street shall be provided for each parking space.

4.

All parking shall provide safe routes for pedestrians to walk between their vehicle and their intended destination.

(b)

Procedures. All parking lots for projects requiring site plan review shall be reviewed and approved by the plan commission including parking lots for conditional uses and planned development. The parking lot site plan requirements under this section may be incorporated into a master site plan for initial approval of a project. The zoning administrator has the discretion to refer other parking lots for plan commission review and approval prior to issuance of a permit for their construction. The parking lot site plan shall be prepared in accordance with adopted site plan guidelines, and shall include:

1.

Full photometric plan to illustrate proposed lighting design and levels.

2.

Grading, drainage and water quality information.

3.

Proposed landscaping features, indicating the location, size and species of proposed landscaping, and existing trees and landscaping that are to be retained.

(c)

Changes in occupancy/use.

1.

When the use of a building, structure or land is changed to another use or occupant, additional parking spaces shall be constructed for the new use or occupant sufficient to conform to this division.

2.

If a building or structure was erected prior to the effective date of this chapter additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use exceed those for the existing use.

3.

Where, due to site constraints, it is not possible to provide sufficient parking to meet the requirements stated above for changes in occupancy or use, the applicant shall demonstrate a good faith effort to do so. The plan commission, at its discretion, may grant an exception in such cases.

(d)

Application to existing lots. Application of these improvement standards to existing parking lots may be subject to adjustments relative to the shape and size of the existing lot and other existing conditions upon the prior approval of the plan commission. Notwithstanding any other provision of this article to the contrary, any unpaved parking area lawfully existing as of the date of this chapter located in a multiple-family, business or manufacturing zoning district shall be graded, paved, improved and landscaped as required by this chapter by September 30, 2020.

(e)

Similar use determination. In the case of uses not specifically enumerated, the number of spaces specified as the general standard for the use class or number of spaces specified for similar uses shall apply. The zoning administrator is authorized to make a preliminary determination and has the discretion to refer any such requests for plan commission determination.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

To be near building served. Off-street parking for other than residential uses, which shall have off-street parking on the same lot with such use, shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot.

(2)

Certificate of zoning compliance required. No parking lot shall be constructed or reconstructed without a certificate of zoning compliance. Applications for a certificate shall be submitted with two copies of plans for the development and construction of the proposed parking lot. Parking lots constructed or reconstructed subsequent to the adoption of this chapter are subject to its provisions.

(3)

Access. Adequate ingress to the parking lot shall be provided, and all parking spaces shall be provided adequate access by means of maneuvering lanes. Provisions for ingress and egress shall be reviewed and approved by the city engineer or such other officials as may be designated by the common council.

(a)

Parking areas shall be designed so that ingress to or egress from a parking space is from an aisle or driveway, not directly from the public right-of-way; except in single-family residence districts.

(b)

No access way to any parking area shall be located within 30 feet of any corner formed by the intersection of the rights-of-way of two or more streets. At intersections where traffic control devices are installed, the zoning administrator may increase this requirement as necessary to prevent hazards.

(c)

Parking area access ways (including residential driveways) and public streets shall be aligned to form - as closely as feasible - right angles.

(d)

The access way to every parking lot located in any business or industrial district shall be at least 24 feet wide unless two one-way drives, each 12 feet wide are provided.

(4)

Screening. All parking lots either newly constructed or redesigned and rebuilt subsequent to the effective date of this chapter, containing two or more rows of parking stalls and an area of 10,000 square feet or more shall provide and maintain canopy-type shade trees along with other forms of vegetation hardy in this region in tree islands and planting buffer strips totaling not less than five percent of the surfaced parking area. Each tree island or planting strip shall be not less than 50 square feet in area. The size, type and location of the islands and planting strips and the plant material shall be indicated on the plans required by subsection (2) of this section.

(5)

Surfacing. All vehicle use areas shall be surfaced with an asphalt or portland cement pavement of a minimum of two inches of asphalt or four inches of concrete so as to provide a durable and dust-free surface.

(6)

Curbs. In off-street parking areas for 20 or more vehicles, all vehicle use areas, including parking and internal driveways, shall have full concrete curb and gutter.

(7)

Grading. All vehicle use areas shall be graded and drained to properly dispose of all surface water.

(8)

Striping. Any parking area for more than five vehicles shall have the aisles and spaces clearly marked. Markings shall be laid and restored as often as necessary to clearly delineate each parking space, but are not required in single-family residential districts.

(9)

Timeline. Surfacing shall be completed before occupancy is granted.

(10)

Minimum aisle and space dimensions.

(11)

Maintenance. All off-street parking areas shall be properly drained and maintained in a dustfree condition.

(12)

Quantity of parking.

(a)

Parking lot size may be limited. It is the city's intent to enhance stormwater management by limiting excessive impervious surface, therefore, parking lots in which the number of spaces significantly exceeds the minimum number required under this zoning ordinance shall be allowed only with specific and reasonable justification.

(b)

Potential parking reductions.

1.

Plan commission may authorize reduction in parking

a.

Shared parking. The plan commission and common council may authorize as much as a 40 percent reduction in the area to be paved for nonresidential off-street parking stalls when parking is shared by two or more uses provided:

i.

The reduction does not exceed 40 percent of the total required number of spaces.

ii.

The uses that are sharing parking have peak parking demand at different times.

iii.

Pedestrian sidewalks or paths are provided as safe connections between any uses sharing the parking area.

iv.

A shared parking agreement, signed by all parties, is approved by the common council, following receipt of plan commission recommendations. The agreement shall state a minimum time frame for the agreement to be in effect; provide for ingress/egress easements; and be recorded with the county as a covenant.

b.

Other requested parking reductions. If a parking reduction is requested for any reason other than shared parking, or a parking reduction beyond 40 percent is requested for shared parking arrangements, documentation shall be furnished by the applicant during the site plan review process to indicate, to the satisfaction of the plan commission and common council, that actual off-street parking demand for that particular use is less than the required amount or that sufficient on-street parking is available in the area.

2.

Land-banking of reserved parking area. When a parking reduction has been authorized, the plan commission and common council may require that sufficient area on the property be held in reserve for the potential future development of paved off-street parking to meet the full requirements. When required, this reserve off-street parking area shall be shown and noted on the site plan, maintained as open space, and developed with paved off-street parking spaces when the city determines that such off-street parking is necessary due to parking demand on the property which exceeds original expectations. The reserve parking area may not be counted as part of any required green space area. The city may require that a letter of credit or certified check be provided at the time of permit issuance in an amount not to exceed 125 percent of the estimated cost of parking lot completion, to be exercised at city discretion, should the need for parking lot completion be determined.

(c)

Computation of required parking/loading spaces. In computing the number of parking spaces required by this chapter, the zoning administrator shall apply the following rules:

1.

In computing parking space requirements based on the number of employees, the maximum number of employees on the premises at any period of the day shall be used.

2.

In computing parking or loading space requirements on the basis of building floor area, the gross floor area shall be used.

3.

Whenever it is necessary to translate gross parking lot area into number of parking spaces; 350 square feet of gross area shall be deemed one parking space.

4.

If computation of the number of parking or loading spaces required by this chapter results in a fractional space, any fraction of one-half or more shall be counted as one space.

5.

No space or portion thereof needed to satisfy the minimum applicable requirement for number of off-street parking or loading spaces shall be counted as part of the off-street parking or loading spaces required for another structure or use, except as permitted under subsection (b) of this section.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Minimum required parking per land use category. The following table describes the minimum number of off-street parking spaces required for all new development in the City of Columbus. In the case of redevelopment, parking shall be provided to meet these requirements where feasible, however it is recognized that some parcels pose limitations for the availability of parking area due to existing lot sizes and development patterns. See subsection 114-124(2)(c)3.

Table 114-126: Minimum Required Parking per Land Use Category

(Ord. No. 643-09, §§ I, II, 4-8-09)

(a)

All outdoor lighting including that used to illuminate off-street parking areas shall be shielded or otherwise optically controlled so as to provide glareless illumination in such a manner as not to create a nuisance on adjacent property. Exemptions to this requirement may be granted through the conditional use approval process for outdoor recreational and athletic activities only.

(b)

All outdoor lighting shall limit spillage onto adjacent property. Maximum foot-candles at the property line shall not exceed:

Note: Where different districts abut, the more restrictive standard applies to both properties along that lot line.

(c)

All luminaries erected 20 feet to 40 feet above ground-level:

(1)

Shall be flat bottom optically controlled sharp cut-offs;

(2)

Shall not be installed with diffusing refractors; and

(3)

Shall maintain a ratio of three to one of luminaire spacing to luminaire mounting heights or greater separation.

(d)

All luminaries erected zero feet to 20 feet above ground level:

(1)

Shall be flat bottom optically controlled sharp cut-offs;

(2)

Shall not be installed with diffusing refractors.

(e)

Luminaries shall not be erected higher than 40 feet above ground level.

(f)

All present nonconforming off-street parking areas shall be equipped with the lighting required by this section upon the obsolescence or replacement of the existing lighting.

(g)

Definitions and terms used in this section shall be defined by the Illumination Engineering Societies in the 1973 edition of the IES Lighting Handbook, as updated from time to time.

(Ord. No. 643-09, §§ I, II, 4-8-09)

In order to preserve the continuity of the streetscape and to minimize visual pollution, all parking lots containing more than eight parking spaces shall be bordered by a wall, fence, earth berm or closely planted shrubbery at least two and one-half feet high on each side abutting any street or conforming residential property. Wheel bumpers or curbs shall be designed and arranged to prevent damage to such screening. The screening shall be maintained by the owner or lessee of the parking lot in accordance with these landscaping requirements.

(Ord. No. 643-09, §§ I, II, 4-8-09)

In order to reduce heat and glare, to minimize blowing of dust and trash and to reduce the oppressive visual effects of large open parking areas, landscaping shall be provided and maintained within every parking lot that contains eight or more parking spaces.

(1)

A landscaping plan (either a separate document or an element of a more inclusive development plan) shall accompany every application for a certificate of zoning compliance to develop any parking lot that will contain eight or more spaces.

(2)

The landscaping plan shall include the following information:

a.

Proposed type, amount, size and spacing of plantings, including trees, shrubbery and ground cover;

b.

Proposed size, construction materials, drainage and scheduled maintenance of landscaped islands or planting beds; and

c.

Sketch indicating proposed spatial relationships of landscaped areas, parking spaces, automobile circulation and pedestrian movement.

(3)

Shall meet landscaping requirements.

(Ord. No. 643-09, §§ I, II, 4-8-09)

All off-street parking shall be located in conformity with the following requirements:

(1)

Residential districts.

a.

Parking spaces accessory to dwellings located in any residential zoning district shall be located on the same lot as the dwelling. Such parking spaces shall not be located in any required front yard with the exception of a paved area not to exceed 24 feet in width, but may be located in the side or rear yards. Each parking space accessory to a multifamily dwelling shall be unobstructed so that no vehicle need be moved in order to allow another vehicle to enter/exit the parking area. If a building has a three-car garage, the paved area within the required front yard may be increased by an additional 11 feet in width.

b.

All parking spaces accessory to permitted non-dwelling uses located in any residential district generally shall be located on the same lot as the use serviced. However, the zoning administrator may allow such parking facilities to be located on another parcel within 200 feet of the use served if the "same lot" requirement is not feasible.

c.

No commercial vehicle exceeding three-ton cargo capacity shall be parked in any residential district except for normal loading, unloading and service calls, nor shall any vehicle repair work be conducted on any nonresidential parking lot located in said districts.

d.

Parking may not be closer than five feet to any lot line.

(2)

Business and manufacturing districts. There shall be no parking in required yards except for commercial and industrial districts, where parking may not be closer than five feet to any lot line.

(Ord. No. 643-09, §§ I, II, 4-8-09)

All off-street loading facilities shall conform to the minimum standards indicated below:

(1)

Amount required. In any commercial or industrial district, sufficient space for the loading or unloading of vehicles shall be provided as follows on the lot in connection with any commercial or industrial use so that the public streets are free and unobstructed to the passage of vehicular and pedestrian traffic:

(2)

Exceptions for redevelopment infill, and CBD-1 central business district. At the discretion of the plan commission exemptions from the loading requirements may be granted for redevelopment, infill development and sites in the CBD-1 central business district where, due to site constraints practical difficulty exists in meeting these requirements.

(3)

Size of space. Every required off-street loading space shall be at least 12 feet wide and 45 feet long, exclusive of aisle and maneuver space, and shall have vertical clearance of at least 15 feet. In no case shall a vehicle being loaded or unloaded overhang into the public right-of-way.

(4)

Access way. Every off-street loading space shall have a safe means of vehicular access to a street or alley. Such access way shall be at least 12 feet wide.

(5)

Surfacing. Every off-street loading area shall be improved with a compacted stone base at least seven inches thick, surfaced with at least two inches of asphaltic concrete.

(6)

Buffer strips. No loading space or area for vehicles over two-ton cargo capacity shall be developed closer than 50 feet to the lot line of any residential district unless that space/area is completely enclosed by walls, a solid fence or closely planted shrubbery of sufficient density to block the view from the residential property and in conformity with landscape regulations.

(7)

Location. Every off-street loading space that is required or provided shall be located on the same parcel of land as the use served and not closer than 50 feet to the intersection of the right-of-way of two or more streets nor shall it be located in required front yards.

(Ord. No. 643-09, §§ I, II, 4-8-09)

This section establishes regulations for signs and other street graphics. More specifically, this section is intended to assist in achieving the following objectives:

(1)

To foster high quality commercial and industrial development and to enhance the economic development of existing businesses and industries by promoting reasonable, orderly and effective signs and street graphics.

(2)

To protect the public from any damage or injury that result from the improper construction, placement or use of signs and street graphics.

(3)

To protect the public by reducing the obstructions and distractions that might cause traffic accidents.

(4)

To preserve the value of private property by assuring the compatibility of signs with nearby land uses.

(5)

To preserve the integrity of the historic downtown area, and distinguish signs from more contemporary commercial and industrial districts within the city.

(6)

To distinguish signs within highway interchange districts from those in contemporary commercial and industrial districts within the city.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

1)

Apartment complex sign. An on-premises sign that provides identification for an apartment complex.

2)

Awning. A temporary or permanent hood or cover that projects from the wall of the building that can be retracted, folded, or collapsed against the face of a supporting structure.

3)

Billboard. A sign that advertises goods, products or facilities or services not necessarily on the premises where the sign is located or directs persons to a different location from where the sign is located.

4)

Blanketing. The unreasonable obstruction of view of a sign caused by the placement of another sign.

5)

Canopy (building). A rigid multisided structure covered with fabric, metal or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities.

6)

Canopy (freestanding). A rigid multisided structure covered with fabric, metal or other material and supported by columns or posts embedded in the ground.

7)

Directional routing sign. Any permanent sign displayed for the purpose of informing people of or guiding people to a particular place for a specified event. Temporary directional routing signs include, but are not limited to, an open house, garage sale, estate sale, or other similar event.

8)

Directly illuminated sign. Any sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within or on such sign.

9)

Directory sign. Any sign on which the names and locations of occupants or the use of a building is given. This includes office and church or other place of religious assembly directories.

10)

Electronic/variable message unit sign (EVMS). Any sign whose message may be changed by electronic process, including such messages as copy, art, graphics, time, date, temperature, weather or information concerning civic, charitable or the advertising of products or services for sale on the premises. This also includes traveling or segmented message displays.

11)

Flashing sign. Any directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.

12)

Ground sign or pole sign. Any sign that is supported by structures or supports in or upon the ground and independent of support from any building (also referred to as "freestanding sign").

13)

Identification sign. Any sign that carries only the name of the firm, major enterprise, institution, or principal products offered for sale on the premises or combination of these.

14)

Indirectly illuminated sign. A sign that is illuminated from a source outside of the actual sign.

15)

Marquee sign. Any sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against weather.

16)

Memorial sign. A sign or tablet memorializing a person, event, place or structure.

17)

Nonconforming sign. Any sign that does not conform to the regulations of this article.

18)

Political sign. Any sign containing a message intended for a political purpose or a message which pertains to an issue of public policy of possible concern to the electorate, but does not include a message intended solely for a commercial purpose.

19)

Portable sign. Any sign not permanently attached to the ground that is designed to be easily moved from one location to another.

20)

Premises. A building or structure with its grounds or appurtenances.

21)

Projecting sign. Any sign extending more than 18 inches, but less than five feet, from the face of a wall or building.

22)

Real estate sign. Any sign that is used to offer for sale, lease, or rent the property upon which the sign is placed.

23)

Roof sign, general. Any sign erected upon or over the roof or parapet of any building.

24)

Roof sign, integral. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches. Any integral portion of the roof shall not extend more than five feet above the structural roof.

25)

Sign. Includes anything that promotes, calls attention to or invites patronage, or anything similar, to a business, location, or product.

26)

Temporary sign. Any sign intended to be displayed for a short period of time, including real estate or construction site signs, and banners, decorative-type displays, or anything similar to such, but not including political signs.

27)

Wall sign. Any sign attached to, erected on, or painted on the wall of a building or structure and projecting not more than 18 inches from such wall.

28)

Window sign. Any sign located completely within an enclosed building and visible from a public way.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Interior signs. This chapter does not apply to any sign that is visible only from the premises upon which it is erected, such as on the walls of courts or malls in shopping centers.

(2)

Prohibited signs. The following signs shall be prohibited in any district except as noted herein elsewhere in this chapter.

a.

Balloons, beacons, pennants, streamers, statuary and similar signs. No balloons, beacons, pennants, streamers, statuary or similar signs are allowed except as approved by the zoning administrator as a special event sign in conjunction with a special event, that has received common council approval. (See also subsection 114-139(19).)

b.

Flashing signs. No flashing signs shall be allowed except as exempt holiday decorations and displays.

c.

Moving signs. Except for electronic/variable message signs, no fluttering, undulating, swinging, rotating, or otherwise moving signs, lights or decorations, shall be permitted except as special event signs.

d.

Off-premises signs including billboards. No off-premises advertising signs shall be permitted except as otherwise permitted under this section.

e.

Off-premises directional routing signs. No permanent directional routing signs located off-premises shall be permitted unless erected by a government agency or nonresidential institutional land use.

f.

Projecting signs. Projecting signs shall be prohibited except in the historic downtown sign overlay district.

g.

Right-of-way signs and signs on public property. No sign unless erected by, or required by, a government agency or temporarily erected to protect the health and safety of the general public such as emergency or warning signs shall be located within or across any public right-of-way, or on any public property or utility pole, unless a conditional use permit has first been approved by the common council upon recommendation from the plan commission. This applies to all signs including temporary signs and signs which do not require a permit.

h.

Roof signs. Roof signs are not permitted, with the exception of integral roof signs (see definitions).

i.

Traffic imitating or interfering devices or signs. No sign shall be erected or maintained at any location where by reason of its position, wording, illumination, size, shape, or color it may obstruct, impair, obscure the vision of motorists, or otherwise obstruct, interfere with the view of, or be confused with, any authorized traffic control sign, signal or device. No sign shall use any word, phrase, symbol, shape, form, or character in such manner as to interfere with moving traffic, including signs which incorporate typical street-type and/or traffic control-type signage designs and colors.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Sign overlay districts, generally. Sign overlay districts have been identified to distinguish signs within historic downtown and highway interchange districts from those in contemporary commercial and industrial districts within the city. Sign overlay districts are hereby established as follows:

a.

Historic downtown sign overlay district. The historic downtown sign overlay district shall consist of the properties as identified in the city zoning map.

b.

Highway interchange sign overlay district. The highway interchange sign overlay district shall consist of the properties as identified in the city zoning map.

(2)

Other districts, generally. Signage for all other districts within the city shall be regulated upon the terms of this ordinance.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

General district regulations. Signs within all districts (except historic downtown sign overlay district) shall be regulated as follows:

a.

Limits related to land use.

1)

Signs in residential districts.

a)

General. No signs shall be permitted on property in a residential zoning district except signs of a type and style under section 114-139 which are typically associated with residential uses, signs permitted under subsection 114-136(1)a.(6), and neighborhood watch or similar signs as designated by the common council.

b)

Exception for institutional uses. Signs advertising institutional land uses are allowed in residential districts and are regulated under the provisions of this section, as applicable. Applications for institutional use signs in residential districts that exceed 24 square feet may be permitted under a conditional use process as per sections 114-151 through 114-156.

c)

Indoor sign usage. Indoor civic, cultural or institutional use signs may be permitted under a conditional use permit as per sections 114-151 through 114-156 provided, however, that no conditional use permit shall permit such a sign which exceeds 60 square feet in area or eight feet in height.

d)

Subdivision signs. Subdivision signs are limited to two signs per entrance to the development with a total not exceeding 32 square feet per sign and five feet in height. Subdivision signs are permitted only in subdivisions of ten or more lots or for multifamily developments with eight or more dwelling units in a single building.

e)

Vacant lot identification signs. Vacant lot identification signs do not require a sign permit if the sign indicates nothing more than the lot number, telephone number, address or name/logo of real estate agent involved with the listing of the lot(s).

f)

Other sign limits. No other signs in a residential district, may be larger than 12 square feet or higher than eight feet in height. This includes temporary signs and signs that do not require a permit under section 114-139 unless sign limits are otherwise defined in that section.

2)

Signs adjacent to residential district. No commercial signs shall be permitted within 75 feet of any resident district boundary line unless completely screened from the resident district by a building, solid fence, or an evergreen planting. Evergreen plantings shall be not more than two feet shorter than the height of the sign at the time of planting and spaced so as to effect an opaque screen of the sign. All required screening shall be continuously maintained.

3)

Commercial message location. A sign which displays a commercial message is permitted only on the premises where the commercial activity represented on a sign is located. Electronic/variable message signs which can be programmed to change periodically shall not be located within 500 feet of a residential district.

4)

Interchangeable noncommercial messages. Any sign that may display one type of noncommercial message may also display any other type of noncommercial message, so long as the sign complies with the other requirements of this section.

5)

Signs over show windows or doors of a nonconforming business establishment announcing, without display or elaboration, only the name and occupation of the proprietor and not exceeding two feet in height and ten feet in length are permitted.

6)

Common sign design: Multitenant buildings, multibuilding developments and group developments. All buildings containing two or more tenants, or complexes containing two or more buildings, or two or more abutting lots within land divisions desiring group signage, shall install all signs according to a common sign design plan approved by the plan commission.

a)

Common sign. A common sign shall mean a sign that is intended to display multiple (group signage) advertisements, identifications, or products, where ownership, occupancy or use of the facility(s) is distinctly separate but in close proximity and similar in character to the area. For land divisions or common parcel signage, group signs shall only occur on two or more abutting lots.

b)

Procedure. All new developments shall submit a common sign design plan prior to issuance of the first sign permit. All existing developments shall submit a common sign design plan concurrently with any new requests for a sign permit by a tenant or the owner. The plan shall be submitted to the building inspector for initial determination of completeness. The building inspector shall forward the plan to the clerk for plan commission review and consideration.

c)

Plan, contents. A common sign design plan shall contain detailed requirements for the lettering, illumination, colors, materials, timing, location, type and configuration to be used within the development. The plan commission may request additional documentation relevant to the review of the common sign plan, including but not limited to ownership, implementation, enforcement and maintenance provisions.

d)

Decision. The plan commission may recommend to the council that a common sign design plan may be denied, approved or approved with conditions by the plan commission. If conditionally approved, the conditions shall be clearly stated on the sign permit.

e)

Implementation. After approval of the common sign design plan by the plan commission as to its conformance with this chapter, all signs shall be installed in accordance with the approved common sign design plan.

f)

Deviations. If deviations from certain regulations in this chapter are found to be in the best interests of the city, the plan commission, after careful consideration, may recommend to city council necessary deviations from this chapter only as a part of the common sign design plan approval. Deviations shall be limited to only sign surface area, number of signs and height.

b.

General sign area limitation.

1)

Frontage 200 feet. For properties with equal to or less than 200 linear feet of frontage along a public street(s), maximum sign surface area shall be equivalent to 100 square feet plus 0.5 square feet of signage per linear foot of property frontage.

2)

Frontage 200 feet. For properties greater than 200 feet of frontage along a public street(s), maximum sign surface area shall be equivalent to 100 square feet plus 0.75 square feet of area per linear foot of property frontage.

3)

Total signage limitation. The total signage for each street frontage shall not exceed 500 square feet for a premises. The sign surface area oriented toward a particular street may not exceed the premises' total sign surface area allocation that is derived from frontage on that street.

4)

Total signage exclusions. Temporary signs and signs that do not require a permit under section 114-139 are not included in total signage.

5)

Unified business center signs. Unified business center signs are not included in total signage.

c.

Surface area calculation. The sign surface area shall be calculated only on the basis of the sign face(s) that can be viewed by one viewer at one time. On a multiple-sided sign with opposite faces that cannot be read simultaneously, only one of the faces shall be calculated for purposes of determining sign surface area (wall signs are not considered multiple-sided signs). Sign area for all individual letter wall signs shall be the area of the smallest rectangle which can encompass all words, letters, figures, emblems, and other elements of the sign message.

d.

Sign illumination. All illuminated signs shall be subject to the following requirements:

1)

Electrical permit. All signs in which electrical wiring and connections are to be used shall comply with all applicable provisions of the state electrical code. No permit for the erection of a sign shall be granted prior to approval and issuance of a valid electrical permit for that sign.

2)

Voltage displayed. The voltage of any electrical apparatus used in conjunction with a sign shall be conspicuously noted on that apparatus.

3)

External illumination. A building or structure, along with signs, awnings and canopies attached to the building or structure, may be illuminated externally, provided that the light source is designed, located, shielded, and maintained in such a manner that it is fixed and not directly visible from any adjacent public rights-of-way or surrounding premises.

4)

Internal illumination. Internal illuminated signs shall permit light to shine fully through only the lettering and graphic elements of the sign. The background for such lettering and graphics shall be opaque or translucent and shall transmit light at a level substantially less than that transmitted through the lettering and graphics. If the contrast between the lettering or graphic elements and background does not permit adequate legibility, a translucent white border of up to one inch in width may be placed around said lettering or graphic elements.

5)

Brightness limitation. In no instance shall the lighting intensity of any illuminated sign exceed:

1)

Seventy-five foot-candles measured perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign, or

2)

When the sign is located in a residential zoning district, 50 foot-candles measured perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign, or

3)

One foot-candle on adjoining residential property, measured three feet above the surface of the ground.

6)

Glare. All artificial illumination shall be so designed, located, shielded and directed so as to prevent the casting of glare or direct light upon adjacent public right-of-way or surrounding property.

7)

Flashing signs. Except for electronic/variable message signs (EVMS), illuminated signs shall not have any flashing, scintillating, traveling or blinking lights or rotating beacons, nor shall any beam of light be projected through a mechanism which periodically changes the color of the light reaching the sign.

8)

Gooseneck and similar reflectors and lights shall be permitted on freestanding and wall signs; provided, however, the reflectors and lights shall concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. It shall be unlawful to maintain any sign which extends over public property, and which is wholly or partially illuminated by floodlights or spotlights, unless such lights are completely concealed from view from the public right-of-way.

e.

Installation. All signs shall be properly secured, supported and braced and shall be kept in reasonable structural condition and shall be kept clean and well painted at all times. Bolts and screws shall not be fastened to window frames. Every sign and its framework, braces, anchors and other supports shall be constructed of such material and with such workmanship as to be safe.

f.

Wind pressure and dead-load requirements. All signs and other advertising structures shall be designed and constructed to support the loads imposed, based on the applicable current Wisconsin Commercial Building Code, including all references and appendices. In the case of conflicting requirements between this ordinance and applicable code, the more restrictive shall apply. The city understands certain signage may be necessary to be installed near property lines. For signs located within setback areas in proximity to property lines, such signs shall be designed with an additional 50 percent windload, to ultimately reduce the chance of structural failure and improve the longevity of such signs near public ways of travel, and to ultimately protect the health, safety and general welfare of the city. Engineering calculations will be provided by the contractor/owner upon request.

g.

Construction. The base or support(s) of any and all freestanding signs shall be securely anchored to an appropriately designed concrete base or footing which has a minimum depth or thickness of one foot. The electrical component of any illuminated sign or street graphic shall conform to the applicable requirements of the electrical code.

h.

Structural requirements. Every sign or street graphic shall be designed and constructed in conformity with the applicable provisions of the building code and shall be free of any exposed extra bracing, angle iron, guywire, or cables.

i.

Maintenance. All signs, including nonconforming signs, shall be maintained in a like-new condition. Any signs which may be, or may hereafter become rotted, unsafe, or in a state which is not properly maintained shall be repaired or removed by the licensee or owner of the sign, or owner of the property upon which the sign stands upon notice of the zoning administrator.

j.

Flags. In addition to the three flagpoles permitted per lot, one additional flagpole for every 200 feet of street frontage may be permitted per the approval of the zoning administrator upon verification of lot frontage.

k.

A-Frame or sandwich board signs. One A-frame or sandwich board type sign is allowed per business establishment provided it does not block the public right-of-way or pose a safety hazard. Such signs require a permit under the guidelines of section 114-138.

l.

Placement within or on a frame. All signs designed for a pre-existing structure or frame shall be designed to fit the frame or structure as though it were the original sign. Any portion of any sign or unused remaining frame or structure shall be subject to removal under the conditions for abandoned signs.

m.

Additions to existing signs. No sign over four square feet in area may be attached to another sign without being designed as an integral part of the original sign. No signs may be attached to, or cover up, any portion of a sign's frame, structure or base unless originally designed or subsequently redesigned for that propose.

(2)

Specific sign regulations. Sign regulations are further identified per type of sign, such as wall signs, freestanding signs, permanent window signs, EVMS signs, marquee signs, canopy and awning signs, temporary signs/banners, unified business center signs, information/directory signs, and community information signs.

a.

Wall signs.

1)

Area, generally. No individual wall sign shall exceed 200 square feet in area.

2)

Area per façade. Except as provided in subparagraph 2) and 3), the total permitted sign surface area of all wall signs on a façade shall not exceed 15 percent of the eligible façade area. Eligible façade area shall be the total building façade area on sides facing a public street.

3)

Area per façade bonus. The permitted sign surface area for wall signs on a façade determined by subparagraph 1) may be increased by 20 percent when all of the following standards are met.

i)

The occupant is displaying no more than one wall sign on the façade,

ii)

The sign consists only of individual alphabetic, numeric and/or symbolic characters without background except that provided by the building surface to which the signs are to be affixed, and

iii)

The sign is not illuminated other than through internal illumination, shielded silhouette lighting or shielded spot lighting, where the light source is neither visible nor exposed.

4)

Multiple wall signs. Where more than one wall sign is mounted on a building, the total permitted sign surface area for wall signs under subparagraph 1) shall be reduced by an increment of 20 percent for each additional wall sign. The 20 percent increment shall be calculated based on the total permitted sign area as reduced by previous incremental reductions.

5)

Location, generally. Wall signs shall be mounted parallel to a building, wall, and only on a portion of an exterior wall that is coterminous with the occupancy to which the signs refer. No wall sign shall extend above or beyond the wall to which it is attached.

6)

Height, projection. Wall signs, including any illuminating device or structural component, located at a height of at least ten feet, shall not project more than 36 inches beyond the plane of the wall to which it is attached. Signs located at a height less than ten feet shall not project more than 12 inches beyond the plane of the wall to which it is attached.

7)

Installation requirements. No wall sign shall cover or interrupt significant architectural elements such as columns, column caps, friezes, door or window heads, embellishments, adornments, fenestration, or ornamental detailing on any building. All mounting brackets and other hardware used to affix a sign to a wall, and all electrical service hardware and equipment shall be concealed by architectural elements of the building or the sign itself.

b.

Freestanding signs.

1)

Number. There shall be no more than one freestanding sign for each street on which the property has frontage. No single business shall be allowed signage on both an individual freestanding sign and freestanding unified business center sign on the same street frontage, except that the city may grant a conditional use permit allowing such additional sign. On premises having no principal building, there shall be no more than one freestanding sign for the premises.

2)

Setback. In general, freestanding signs shall be placed with consideration for visibility, access, maintenance and safety. Such signs shall be located, whenever possible, beyond setback areas or areas setback from the property lines by at least the height of the sign. If a sign is proposed to be located within the above-referenced areas to any right-of-way, public sidewalk or other adjacent property line an additional design loading shall be imposed as provided in subsection 114-136(1)f. In no case shall any sign impede vision for traffic or be located within vision triangles. In no case shall any part of a sign be constructed within three feet from any property line.

3)

Surface area, large. Except as provided in subparagraph 2)c. the total sign surface area of a freestanding sign shall not exceed one quarter percent of the lot area of the premises, nor a maximum of 120 square feet of sign surface area.

4)

Surface area, small. The maximum sign surface area of a freestanding sign oriented toward any street may not exceed 12 square feet unless the property has 100 or more feet of frontage on that street.

5)

Surface area, bonus. The maximum sign surface area shall be increased by 15 percent for any freestanding sign which is the only freestanding sign on a premises on which more than one such sign would otherwise be permitted.

6)

Location, lot line. No freestanding sign shall extend beyond the lot line of a premises.

7)

Location, access. No freestanding sign shall extend into or within 20 feet of any circulation lane which provides access to a public right-of-way.

8)

Height. The top of a freestanding sign shall not, in any case, exceed the maximum elevation of a principal building on the premises to which it pertains. The height of a sign shall be measured from the ground level at its base or the elevation of the street upon which the sign faces, whichever is lower, to the tallest portion of the sign. All freestanding signs shall be a maximum height of 18 feet above ground level measured to its highest point. If the centerline of the nearest public street is higher than ground level, height of the sign shall be measured from the centerline of the roadway.

9)

Installation requirements. All freestanding signs shall be permanently mounted in the ground.

c.

Permanent window signs.

1)

Area. The sign surface area of the permanent window signs in any window shall not exceed 20 percent of that window area.

2)

Location. Permanent window signs shall be confined within the transparent glazed area of the window and shall not encroach upon the frame, mullions, or other supporting features of the glass.

3)

Installation requirements. All permanent window signs which have their lettering or graphic elements directly on the glazing shall be painted, metal leafed, vinyl transferred, or in some other manner permanently applied to either side of the glass of an exterior building window or door. No application using a temporary adhesive shall be permitted unless the zoning administrator determines the application to be reasonably safe.

d.

Electronic/variable message (EVMS) signs.

1)

Length of cycle. The total length of the information cycle of a EVMS shall not be shorter than the three seconds nor longer than ten seconds. Items of information may not be repeated at intervals that are short enough to cause the EVMS to have the effect of a flashing sign. Traveling messages may travel no slower than 16 light columns per second and no faster than 32 columns per second.

2)

Brightness adjustment. EVMS shall be equipped with photosensitive equipment which automatically adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor illumination.

3)

Included area. The illuminated or message displaying areas of the EVMS shall be included within the maximum aggregate sign surface area for the premises.

4)

Maintenance. Any EVMS shall be maintained so as to be able to display messages in a complete and legible manner.

e.

Marquee signs.

1)

Number. There shall not be more than one marquee sign on any façade. Advertising and identification messages on any of the vertical or nearly vertical faces of a marquee are calculated as a single marquee sign.

2)

Area. The total sign surface area of a marquee sign shall not exceed 500 square feet.

3)

Location. A sign may be affixed to or located upon any vertical or nearly vertical face of a marquee, so that no portion of the sign falls above or below the face of the marquee. In no instance shall a marquee sign be located so that it extends beyond the curb line of the street.

4)

Height. In no instance shall a marquee sign be lower than ten feet above the sidewalk or public thoroughfare.

5)

Use of marquee. Marquee signs are permitted only on theaters, places of entertainment and hotels.

f.

Canopy and awning signs.

1)

Area. The sign surface area of a canopy or awning sign shall not exceed 15 percent of the area of the vertical section of the canopies and awnings. The area of the vertical section of the canopies and awnings is calculated as the height of the canopy or awning (difference between the highest and lowest point on the canopy or awning) multiplied by the length of the canopy or awning measured parallel to the façade upon which it is attached.

2)

Location.

a)

Canopies and awnings shall be constructed and erected so that the lowest portion of the projecting frame thereof shall be not less than seven feet six inches, and the lowest portion of the descending skirt shall be not less than six feet eight inches above the level of the sidewalk or public thoroughfare.

b)

No portion of the canopy or awning sign shall extend above or beyond the canopy or awning upon which it is attached, however, signs may be hung beneath canopies parallel to the building frontage so long as they do not descend below the six foot-eight inch minimum clearance.

c)

Awnings shall not project more than 36 inches out from the building upon which they are attached, nor extend out from the building beyond the extension of awnings on adjoining buildings.

3)

Installation requirements. To preserve the architectural integrity of a building, no canopy or awning, and no canopy or awning sign shall cover or interrupt significant architectural elements such as columns, column caps, friezes, door or window heads, embellishments, adornments, fenestrations or ornamental detailing.

4)

Illumination of awnings and canopies. Awnings and canopies may be illuminated where the following conditions are maintained:

a)

Both interior type strip lighting and exterior type goose neck lighting is permitted, not exceeding a maximum light level of 18 foot-candles measured three feet from the perpendicular to the light source.

b)

The bottom of any illuminated awning or canopy shall be enclosed.

c)

The provisions of subsection 114-136(1)d. are satisfied.

5)

Materials. Canopy and awning signs shall be made of either the material with which the canopy or awning is covered or other water proof materials affixed flush to the face of the canopy or awning, or be painted directly on the awning or canopy material with weather-resistant paint.

g.

Temporary signs/banners.

1)

Number. There shall not be more than two temporary signs/banners displayed on a premises at any time.

2)

Area. Temporary signs/banners shall not exceed 32 square feet in sign/banner surface area for each exposed face, nor 64 square feet total sign/banner surface area.

3)

Location. Temporary signs/banners shall be located only upon the premises to which the special, unique, or limited activity, service product, or sale is to occur. Temporary signs/banners shall be either wall signs/banners or freestanding signs/banners and shall conform to the location requirements of this chapter. No temporary signs/banners shall be permitted on vehicles.

4)

Time limitations. Temporary signs/banners shall be erected and maintained for a period not to exceed 30 days, and shall be removed within three days of termination of the activity, service, project, or sale.

5)

Installation requirements. All temporary signs/banners shall be anchored and supported in a manner which reasonably prevents the possibility of the signs/banners becoming hazards to the public health and safety as determined by the zoning administrator.

6)

Certain temporary signs/banners exempt. This paragraph shall not apply to temporary window signs governed by subsection 15.08(2)(b)26.

h.

Unified business center signs. In addition to the signs permitted for each separate occupant, there may be one identification sign for a unified business center. The permitted sign surface area of said sign shall not exceed one tenth of one percent of the lot area of the premises nor a maximum of 120 square feet. Said identification sign shall conform to all of the regulations (except those governing number and area) for individual sign types found elsewhere in this section. As used in this paragraph, "unified business center" shall mean a single building or group of architecturally similar buildings on adjacent lots under common ownership, having multiple occupants engaging in unrelated businesses and sharing a common parking area.

i.

Directional and information signs. On-premise directional and informational signs may be placed on private property near driveway entrances (outside of vision triangles), at building entrances, and in parking lots and loading areas where necessary for legitimate directional purposes. The city recognizes that medical campus facilities, schools, correctional facilities/jails, emergency service providers, convention centers and shopping malls are likely to require additional directional/informational signage and such signage shall be considered exempt from the total signage calculation of the facility, if the signage is within the limitations of this subsection including the following provisions:

1)

Such signage does not serve an additional advertising purpose, as determined by the zoning administrator.

2)

Per sign square footage shall exceed nine square feet in area.

3)

Logos shall not exceed two square feet in area per sign.

4)

Sign height does not exceed five feet.

5)

The sign is located on-premises.

j.

Community information signs. Community information signs are regulated as follows:

1)

Such sign shall be permitted as a conditional use within all zoning districts. The proposed size, configuration, and design of the sign shall be described as part of the conditional use requirements. As a conditional use, the city may revoke the designation of an approved community information sign if such sign fails to comply with the requirements of this chapter. Upon revocation, the owner of such sign shall have 30 days to remove the sign at the owner's expense.

2)

Such sign shall only display information regarding events and information of general interest to the residents of Columbus. Copy which may be considered as advertising a product, private or restricted participation event, or activity for private profit shall be prohibited.

3)

Such sign may be located on private or public property. If located on public property the approval of the common council is required.

4)

Such sign shall not be counted as adding to the area of signage on the subject property.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Signs in all Districts of the City of Columbus, excluding signs in sign overlay districts as defined herein, shall meet the full requirements of this ordinance.

(2)

Historic downtown sign overlay district. Signs in the historic downtown sign overlay district, as designated in the city zoning map, shall be limited to the following and shall be exempt from the requirements of section 114-136:

a.

Wall signs. Wall signs placed against the exterior wall of a building shall not extend more than six inches beyond a building wall's surface, shall not exceed 500 square feet in area for any one premises, and shall not exceed 25 feet in height above the mean centerline street grade.

b.

Projecting signs. Projecting signs fastened to, suspended from or supported by structures shall not exceed 100 square feet in area for any premises, extend more than six feet into any required yard, extend more than eight inches into any right-of-way, and shall not be less than ten feet above the mean centerline street grade and 15 feet above a driveway or alley.

c.

Ground signs. Ground signs shall not exceed 20 feet in height above the mean centerline street grade, shall meet all yard requirements for the district in which they are located, and shall not exceed 150 square feet on all sides for any premises. However, signs may extend up to 30 feet in height if they are at least 150 feet away from the centerline of the nearest point of the closest state-controlled access throughway (bypass).

d.

Roof signs. Roof signs shall not exceed ten feet in height above the roof, shall meet all yard and height requirements for the district in which they are located, and shall not exceed 300 square feet on all sides for any one premises.

e.

Combination of signs. Sign combinations shall meet all the requirements for the individual signs.

(3)

Highway interchange sign overlay district. Signs in the highway interchange sign overlay district, as designated in the city zoning map, shall meet the requirements of section 114-136, unless otherwise provided in this subsection.

a.

Exemption from certain provisions of section 114-136. Signs within the highway interchange sign overlay district shall be exempt from the corresponding provisions of section 114-136:

(1)

[Subsection] 114-136(1)a.(2), Signs adjacent to residential districts.

(2)

[Subsection] 114-136(1)b., General sign area limitation.

(3)

[Subsection] 114-136(2)b.(8), Specific sign regulations (Freestanding signs—Height).

b.

Special sign regulations for exemptions in subsection 114-137(3)a. (as referenced above).

(1)

Signs adjacent to residential districts. No commercial signs shall be permitted within 500 feet of any resident district boundary line unless completely screened from the resident district by a building, solid fence, or an evergreen planting. Evergreen plantings shall be not more than two feet shorter than the height of the sign at the time of planting and spaced so as to affect an opaque screen of the sign. All required screening shall be continuously maintained.

(2)

General sign area limitation.

a)

Frontage 200 feet. For properties with equal to or less than 200 linear feet of frontage along a public street(s), maximum sign surface area shall be equivalent to 500 square feet plus 0.5 square feet of signage per linear foot of property frontage.

b)

Frontage 200 feet. For properties greater than 200 feet of frontage along a public street(s), maximum sign surface area shall be equivalent to 500 square feet plus 0.75 square feet of area per linear foot of property frontage.

c)

Total signage limitation. The total signage for each premises shall not exceed 1,200 square feet of total sign area.

d)

Total signage exclusions. Temporary signs and signs that do not require a permit under section 114-139 are not included in total signage.

e)

Unified business center signs. Unified business center signs as permitted under subsection 114-136(2)(h) are not included in total signage.

(3)

Specific sign regulations freestanding signs.

Height. Freestanding signs located in the highway interchange sign overlay district may be erected up to a maximum height of 35 feet above the centerline of the roadway to which the sign is oriented, or 35 feet above the grade on the site in which the sign is located, whichever is higher. A particular sign need not be oriented toward the frontage(s) of a premises. The elevation of the centerline shall be taken at a point that is perpendicular from the center of the sign base location to the centerline of the highway. Such information shall be provided by a registered land surveyor or other qualified professional and submitted to the city as a part of the sign application. Except as provided in this subsection, all other requirements of section 114-136 pertaining to freestanding signs shall be met.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Sign permit.

a.

General requirements. No person shall erect, alter, or relocate within the city any sign without first obtaining a sign permit as required under this ordinance. However, changing of an existing sign in accordance with all applicable regulations herein, and the repainting, changing of parts, and preventative maintenance of existing signs shall not require a sign permit.

c.

Application requirements. All applications for sign permits shall be made in writing on a form supplied by the city building inspector. Such application shall be submitted with all required information provided and shall contain or have attached thereto the following information:

1)

The approved site plan for the subject property showing the location and dimensions of all buildings, structures, and signs on the subject property; such subject property boundaries; and the location of the proposed sign;

2)

The configuration of the proposed sign listing the height, width, total square footage, setback distance from properties and back of curb, proposed copy, method of attachment, method of illumination, sign materials and colors;

3)

The subject properties zoning designation;

4)

If located in the historic downtown sign overlay district the sign permit application must be accompanied by a "Certificate of Appropriateness" from the Historic Landmark Preservation Commission.

5)

The total area and number of all signs by type on the subject property both before and after the installation of the proposed sign.

6)

A copy of the common sign plan if such a plan is required under subsection 114-136(1)a.(6).

d.

Procedure. Upon the receipt of a complete application, the building inspector shall review such application for compliance with the requirements of this chapter, and shall issue an approved or denied sign permit based on the submitted application within five working days of the acceptance of the complete application or for properties requiring a common sign plan under subsection 114-136(1)a.(6) within five working days of approval of the common sign plan, whichever is later. The building inspector shall have the right to request additional information relevant to the proper review of the sign application in accordance with this chapter.

(e)

Fee. Fees are established and required as set forth in the currently adopted fee schedule at the time of permit issuance.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Signs are permitted in all zoning districts for the following uses and purposes without the need for a sign permit. Such signs shall not count as part of the maximum permitted sign area, maximum number of signs per lot or building, items of information and other bulk and design regulations. No sign permitted in this section shall be displayed in a manner which would otherwise cause it to be prohibited. All signs permitted in this section shall comply with other applicable codes and ordinances in regard to construction and maintenance and the following:

(1)

Address and nameplates. Address and name plates not exceeding two square feet in area.

(2)

Athletic scoreboards on bona fide athletic fields.

(3)

Construction signs. For construction on or development of a lot, one sign not more than 48 square feet in area and a maximum of eight feet in height. Construction signs shall be removed within 30 days of the completion of construction.

(4)

Directional signs. Except as provided in subsection 114-136(2)(i), directional signs are permitted for parking areas with five or more spaces provided:

(a)

They are located on-premises.

(b)

There are no more than three directional signs per lot, in addition to one per entrance/exit.

(c)

They are not more than five feet in height.

(d)

They are not more than four square feet in area.

(e)

Logos are limited to two square feet in area. Such logos are considered part of the overall four square foot size limitation.

(5)

Flags. Flags may only be flown from flagpoles. No more than three flagpoles may be erected per lot without approval under section 114-136. Additional flagpoles may be approved by the plan commission for lots with more than 200 feet of frontage.

(6)

For sale or for rent signs. For each lot frontage: one "for sale" or "for rent" sign, not more than 12 square feet in area. A maximum of two "for sale" or "for rent" sides no more than six square feet in area, may be located off-premises at a nearby intersection or subdivision entrance provided such signs are located on private property with the permission of the property owner.

(7)

Garage sale and estate sale signs advertising a garage sale or yard sale if the sign is located on private property with the permission of the property owner. Such signs shall not exceed four square feet in area and shall not be posted longer than three days. Garage sale signs, subject to the same size limitations, may be placed in the public right-of-way from 5:00 p.m. Thursday through 5:00 p.m. Sunday the weekend of the sale. The city reserves the right to remove any such signs from the right-of-way at any time.

(8)

Government signs. Those signs identified by the common council as municipal in nature and serve a public purpose for identification or description of municipal property, grounds, facilities, or uses as designated by common council.

(9)

Holiday signs and decorations when located on private property, or with the approval of the common council if on public property.

(10)

Home occupation signs identifying only the name and occupation of the resident. Home occupation signs shall be nonilluminated, flush-mounted and shall not exceed three square feet in area.

(11)

Institutional signs for a public, charitable or religious institution. Such signs shall be located on the premises of the institution, shall not obstruct the vision of motorists and shall not exceed 24 square feet in area.

(12)

Interior signs, provided they are not intended to be viewed from outside the building. (See subsection 114-139(22)).

(13)

Memorial signs, provided they are erected by citizens on private property and do not exceed ten square feet in area and are displayed for no more than 90 days in a given calendar year. All other memorials and memorial signs are subject to plan commission approval and shall be subject to all applicable requirements as appropriate to the location and configuration of the memorial.

(14)

Parking lot signs. Parking lot signs up to nine square feet in area. Such signs may indicate the location and direction of the nearest parking lot, but may not include logos, advertising or content.

(15)

Political signs. Temporary political signs may be permitted for a period of not more than 60 days before and ten days after an election without obtaining a permit. Such signs shall not exceed 16 square feet in area, except as may be permitted by state law. Other political signs as permitted by state law without a permit may be erected on private property in the City of Columbus without a permit.

(16)

Proper regulation signs such as no trespassing, no hunting, no fishing, etc. Such signs shall not exceed three feet in area.

(17)

Real estate group signs. For each group development or multitenant building containing nonresidential land uses, a maximum of two signs, one per each nonresidential street frontage, may be permitted up to a maximum of 32 square feet in area for each sign to advertise the initial sale and leasing of the premises. Real estate group signs shall be permitted only for the initial lease/sale period and shall be removed when 80 percent of the structure or lands are initially sold or leased. Signs advertising sale or lease after such time shall conform to the requirements of subsection 114-139(6) regarding "for sale" and "for rent" signs.

(18)

Real estate subdivision signs. For each real estate subdivision that has been approved in accordance with the City of Columbus land division regulations, a maximum of two temporary development project identification signs are permitted to be located on some portion of the subject subdivision. Each such sign shall be not more than 32 square feet in area. One additional similar sign shall be permitted for each 100 lots in the subdivision in excess of 100 lots. These signs shall comply with the vision clearance triangle requirements. These signs shall be permitted to remain within the subject subdivision until a time at which building permits have been issued for 80 percent of the lots in the subdivision. (See also subsection 114-139(6) regarding "for sale" and "for rent" signs)

(19)

Special events signs do not require a permit when the special event has been approved by the common council, however balloons, beacons, pennants, streamers, statuary and similar signs shall be approved by the zoning administrator, with regard to safety and location.

(20)

Utility company signs that serve as an aid to public safety or that show the location of public telephones, underground cables, etc. only to the extent necessary to accomplish those goals.

(21)

Under-canopy signs. Under-canopy signs shall not require a permit if such signs to not exceed four square feet in area.

(22)

Window signs and displays. Window signs shall not cover more than 50 percent of the window or a series of contiguous windows. Merchandise and pictures or models of products or services incorporated in a window display are not considered signs. Any sign placed on the outside of a window except for individual permanent letters painted directly onto the window shall be considered a wall sign.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Removal of abandoned signs. All abandoned signs and all associated structural sign supports shall be removed and the grass or pavement restored by the owner of the property within 30 days from the date the sign is deemed by the zoning administrator to be abandoned.

(2)

Extension of deadline for removal. If the property owner demonstrates to the satisfaction of the zoning administrator through documentary evidence that an imminent sale or lease of the property is pending, the zoning administrator may stay the finding of abandonment and may extend the time for removing the sign and related structures for a period up to 90 days.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Signs lawfully existing as of the date of amendment of this chapter may be continued although their use, size or location does not conform with the provisions of this chapter; however, such signs shall be deemed nonconforming, and the nonconforming use provisions of this chapter shall apply.

(Ord. No. 643-09, §§ I, II, 4-8-09)

All signs constructed or maintained in violation of any of the provisions of this chapter are hereby declared public nuisances. In addition to all other remedies provided in this chapter, the building inspector may bring an action to abate the nuisance in the manner set forth in the Wisconsin Statutes.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

This division is adopted under the authority granted by Wis. Stats. § 62.234.

(2)

The provisions of this division are deemed not to limit any other lawful regulatory powers of the City of Columbus.

(3)

The City of Columbus hereby designates the city engineer to administer and enforce the provisions of this division.

(4)

The requirements of this division do not preempt more stringent erosion and sediment control requirements that may be imposed by the city engineer, Columbia County, the state of Wisconsin or the federal government.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The City of Columbus finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state and the City of Columbus.

(Ord. No. 643-09, §§ I, II, 4-8-09)

It is the purpose of this division to protect the quality of the waters of the state and to protect and promote the health, safety and welfare of the people. To this end, this division is intended to: further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to any location off the construction site.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Applicability.

(a)

This division applies to land disturbing and land developing activities on lands within the boundaries and jurisdiction of the city and the public and private lands subject to extraterritorial review under Wis. Stats. 62.23(7a). This division applies to the following land disturbing construction activities except as provided under subsection (b):

1.

Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved subdivision plats.

2.

Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved certified surveys.

3.

Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of 4,000 square feet or more.

4.

Those involving excavation or filling or a combination of excavation and filling affecting 400 cubic yards or more of dirt, sand or other excavation or fill material.

5.

Those involving street, highway, road or bridge construction, enlargement, relocation or reconstruction.

6.

Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more.

7.

Construction sites of any size that, in the opinion of the city engineer, are likely to cause undue construction site erosion, increase water pollution by the transportation of particulate matter or other pollutants, or endanger property or public safety.

(b)

This division does not apply to the following:

1.

Land disturbing construction activity that includes the construction of a building and is otherwise regulated by the Wisconsin Department of Commerce under Wis. Admin. Code § COMM 21.125 or COMM 50.115.

2.

Activities conducted by a state agency, as defined under Wis. Stats. § 227.01(1), but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under Wis. Stats. § 281.33(2).

3.

A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under chapter 40, Code of Federal Regulations, part 122, for land disturbing construction activity.

4.

Nonpoint discharges from agricultural facilities and practices.

5.

Nonpoint discharges from silviculture activities.

6.

Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Design criteria, standards and specifications. All best management practices (BMPs) required to comply with this division shall meet design criteria, standards and specifications based on the following:

(a)

Those erosion control and stormwater management design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources pursuant to NR 151.31 and supplemented by the Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222 Nov 1993 revision.

(b)

For this division, average annual basis is calculated using the appropriate annual rainfall or runoff factor, also referred to as the R factor, or an equivalent design storm using a type II distribution, with consideration given to the geographic location of the site and the period of disturbance.

(2)

Other standards. Other technical standards not identified or developed in subsection (1)(a), may be used provided that the methods have been approved by the city engineer.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Plan. A written erosion and sediment control plan shall be developed in accordance with this division and implemented for each construction site to which this division applies per section 114-148.

(2)

Erosion and other pollutant control requirements. The plan required under subsection (1) above, shall include the following:

(a)

Best management practices (BMPs) that, by design, achieve to the maximum extent practicable, a reduction of 80 percent of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls until the construction site has undergone final stabilization. No person shall be required to exceed an 80 percent sediment reduction to meet the requirements of this subsection. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this subsection. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity. Soil loss prediction tools that estimate the sediment load leaving the construction site under varying land and management conditions, or methodology identified in Wis. Admin. Code ch. NR 151, may be used to calculate sediment reduction.

(b)

Notwithstanding subsection (a), if BMPs cannot be designed and implemented to reduce the sediment load by 80 percent, on an average annual basis, the plan shall include a written and site-specific explanation as to why the 80 percent reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.

(c)

Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:

1.

Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upslope chambers, hydro-cyclones, swirl concentrators or other appropriate controls designed to prevent the discharge of sediment as part of site dewatering. Water may not be discharged in a manner that causes erosion of the site or receiving channels.

2.

Waste and material disposal. All waste and unused building materials, including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials, shall be properly disposed of and not allowed to be carried by runoff into a receiving channel or storm sewer system.

3.

Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways or other paved surfaces. Any sediment reaching a public or private road shall be removed by street cleaning, not flushing, before the end of each workday.

4.

Drain inlet protection. All storm drain inlets shall be protected from receiving sediment with a straw bale, filter fabric or equivalent barrier meeting accepted design criteria, standards and specifications.

5.

Site erosion control. The following criteria apply only to land development or land disturbing activities that result in runoff leaving the site:

a.

Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described in subsection c.iii. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than one-half foot per second across the disturbed area for the set of one-year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. (Note: Soil and Conservation Service guidelines for allowable velocities in different types of channels should be followed.)

b.

All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.

c.

Runoff from the entire disturbed area on the site shall be controlled by meeting either subsections i. and ii. or i. and iii., below.

i.

All disturbed ground left inactive for seven or more days shall be stabilized by seeding or sodding (only available prior to September 15), by polymer stabilization, by mulching or covering or other equivalent control measure.

ii.

For sites with more than ten acres disturbed at one time or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed, in addition to other erosion control devices needed to meet the requirements of this division. The basin discharge rate shall be sufficiently low as to not cause erosion along the discharge channel or the receiving water.

iii.

For sites with less than ten acres disturbed at one time, filter fences, straw bales or equivalent control measures shall be placed along all sideslope and downslope sides of the site, in addition to other erosion control devices needed to meet the requirements of this division. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.

d.

Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles that will be in existence for less than seven days shall be controlled by placing straw bales or filter fence barriers around the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control if exposed for more than seven days, and the storm drain inlets must be protected with straw bale or other appropriate filtering barriers.

(3)

Location. The BMPs used to comply with this division shall be located prior to runoff entering waters of the state. While regional treatment facilities are appropriate for control of post-construction pollutants, they should not be used for construction site sediment removal.

(4)

Alternate requirements. The city engineer may establish stormwater management requirements more stringent than those set forth in this division if the city engineer determines that an added level of protection is needed for sensitive resources.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Permit required. No responsible party may commence a land disturbing construction activity subject to this division without receiving prior approval of an erosion and sediment control plan for the site and a permit from the city engineer.

(2)

Permit application and fees. At least one responsible party desiring to undertake a land disturbing construction activity subject to this division shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of this division and shall pay an application fee per the fee schedule of City of Columbus to the city engineer. By submitting an application, the applicant is authorizing the city engineer to enter the site to obtain information required for the review of the erosion and sediment control plan.

(3)

Review and approval of permit application. The city engineer shall review any permit application that is submitted with an erosion and sediment control plan and the required fee. The following approval procedure shall be used:

(a)

Within 30 business days of the receipt of a complete permit application, the city engineer shall inform the applicant whether the application and plan are approved or denied based on the requirements of this division.

(b)

If the permit application and plan are approved, the city engineer shall issue the permit.

(c)

If approval of the permit application or plan is denied, the city engineer shall state in writing the reasons for denial.

(d)

The city engineer may request additional information from the applicant. If additional information is submitted, the city engineer shall have ten business days from the date the additional information is received to inform the applicant whether or not approval of the plan is granted.

(e)

Failure by the city engineer to inform the permit applicant of a decision within 30 business days of a complete required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.

(4)

Surety bond. As a condition of approval and issuance of the permit, the city engineer may require the applicant to deposit a certified check or irrevocable letter of credit to guarantee a good faith execution of the approved erosion control plan and any permit conditions.

(5)

Permit requirements. All permits shall require the responsible party to:

(a)

Notify the city engineer within 48 hours of commencing any land disturbing construction activity.

(b)

Notify the city engineer of completion of any BMPs within two days after their installation.

(c)

Obtain permission in writing from the city engineer prior to any modification pursuant to requirements to any section of the erosion and sediment control plan.

(d)

Install all BMPs as identified in the approved erosion and sediment control plan.

(e)

Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.

(f)

Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing construction activities and document repairs in a site erosion control log.

(g)

Inspect the BMPs within 24 hours after each rain of one-half inch or more which results in runoff during active construction periods, and at least once each week, make needed repairs and document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.

(h)

Allow the city engineer or designee to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan.

(i)

Keep a copy of the erosion and sediment control plan at the construction site.

(6)

Permit conditions. Permits issued under this division may include conditions established by the city engineer in addition to the requirements set forth in subsection (5), where needed to assure compliance with the performance standards in this division.

(7)

Permit duration. Permits issued under this division shall be valid for a period of 180 days, or the length of other construction authorizations, whichever is longer, from the date of issuance. The city engineer may extend the period one or more times for up to an additional 180 days. The city engineer may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this division.

(8)

Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this division until the site has undergone final stabilization.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Erosion and sediment control plan, statement, and amendments.

(1)

Erosion and sediment control plan.

(a)

The required erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items:

1.

The name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include start and end dates for construction.

2.

Description of the site and the nature of the construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5 minute series topographic map, or other map acceptable to the city engineer.

3.

A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities and infrastructure; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.

4.

Estimates of the total area of the site and the total area of the site expected to be disturbed by land disturbing activities.

5.

Estimates, including calculations, if any, of the runoff coefficient of the site before and after construction activities are completed.

6.

Calculations to show the expected percent reduction in the average annual sediment load carried in runoff as compared to no sediment or erosion controls.

7.

Existing data describing the surface soil as well as subsoils.

8.

Depth to groundwater.

9.

Name of the immediate named receiving water from the United States Geological Service 7.5 minute series topographic maps.

(b)

The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed five feet:

1.

Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified 100-year floodplains, flood fringes and floodways shall also be shown.

2.

Boundaries of the construction site.

3.

Drainage patterns and approximate slopes anticipated after major grading activities.

4.

Areas of soil disturbance.

5.

Location of major structural and nonstructural controls identified in the plan.

6.

Location of areas where stabilization practices will be employed.

7.

Areas which will be vegetated following construction.

8.

A real extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland.

9.

Locations of all surface waters and wetlands within one mile of the construction site.

10.

An alphanumeric or equivalent grid overlying the entire construction site map.

11.

Location and dimensions of other significant structures or features, such as utilities, structures, roads and paved surfaces.

(c)

Each erosion and sediment control plan shall include a description of appropriate controls and measures that will be performed at the site to prevent pollutants from reaching waters of the state. The plan shall clearly describe the appropriate control measures for each major activity and the timing during the construction process that the measures will be implemented. The description of erosion controls shall include, when appropriate, the following minimum requirements:

1.

Description of interim and permanent stabilization practices, including a practice implementation schedule. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.

2.

Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the city engineer, structural measures shall be installed on upland soils.

3.

Management of overland flow at all sites, unless otherwise controlled by outfall controls.

4.

Trapping of sediment in channelized flow.

5.

Staging grading and other land disturbing activities to limit bare areas subject to erosion.

6.

Protection of downslope drainage inlets where they occur.

7.

Minimization of tracking at all sites.

8.

Clean up of off-site sediment deposits.

9.

Proper disposal of any waste materials at all sites.

10.

Stabilization of drainageways.

11.

Control of soil erosion from dirt stockpiles.

12.

Installation of permanent stabilization practices as soon as possible after final grading.

13.

Minimization of dust to the maximum extent practicable.

(d)

The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel, as necessary, to provide a nonerosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.

(2)

Erosion and sediment control plan for sites with less than one acre of disturbance but meet the applicability requirements stated in section 114-148. An erosion control plan statement (with simple map) shall be submitted to briefly describe the site and erosion controls, including the site development schedule, that will be used to meet the requirements of this division.

(3)

Amendments. The applicant shall amend the plan if any of the following occur:

(a)

There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the plan.

(b)

The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.

(c)

The city engineer notifies the applicant of changes needed in the plan.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The fees referred to in other sections of this division shall be established by the common council and may from time to time be modified by resolution. A schedule of the fees established by the city council shall be available for review in city clerk's office and city engineering department. Fees shall be related to costs involved in handling permit application, reviewing control plans, conducting site inspections, and administering the erosion control program.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

The City of Columbus will inspect construction sites as needed throughout the duration of the permit and as deemed necessary following rain events. Routine inspections will also be conducted at least once per month during the period starting March 1 and ending October 31, and at least two times per month during the period of November 1 through February 28, to insure compliance with the control plan.

(2)

If land disturbing construction activities are being carried out without a permit required by this chapter, the city engineer may enter the land pursuant to the provisions of Wis. Stats. § 66.0119(1), (2), and (3).

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

The city engineer may post a stop-work order if any of the following occurs:

(a)

Any land disturbing activity regulated under this division is being undertaken without a permit.

(b)

The erosion and sediment control plan is not being implemented in a good faith manner.

(c)

The conditions of the permit are not being met.

(2)

If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the city engineer may revoke the permit.

(3)

If the responsible party, where no permit has been issued, does not cease the activity after being notified by the city engineer, or if a responsible party violates a stop-work order posted under subsection (1), the city engineer may request that the city attorney obtain a cease and desist order in any court with jurisdiction.

(4)

The city engineer may retract the stop-work order issued under subsection (1) or the permit revocation under subsection (2).

(5)

After posting a stop work order under subsection (1), the city engineer may issue a notice of intent to the responsible party of the city's intent to perform work necessary to bring the site into compliance with this division. The city engineer or designee may go on the land and commence the work after issuing a notice of intent. The costs of the work performed under this subsection plus interest at the rate authorized by the common council shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax roll and collect as a special assessment against the property pursuant to Wis. Stats. § 66, subch. VII.

(6)

Any person violating any of the provisions of this division shall be subject to a forfeiture of not less than $50.00 nor more than $500.00 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.

(7)

Compliance with the provisions of this division may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.

(Ord. No. 643-09, §§ I, II, 4-8-09; Ord. No. 745-19, § 19, 3-5-19)

The subdivider shall construct stormwater drainage facilities, which may include sump pump laterals, curbs and gutters, catch basins and inlets, storm sewers, road ditches, open channels, and storage facilities as may be required or permitted. All such facilities are to be of adequate size and grade to hydraulically accommodate potential volumes of flow. The type of facilities required and the design criteria shall be determined by the director of public works upon the advice of the city engineer, and all improvements shall be completed in accordance with plans and specifications approved by the common council. Storm drainage facilities shall be so designed as to prevent and control soil erosion and sedimentation and present no hazard to life or property. The size, type, and installation of all stormwater management facilities proposed to be constructed shall be in accordance with the plans and specifications approved by the common council.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The subdivider shall assume the costs entailed in constructing stormwater conveyances and storage facilities necessary to serve the proposed development and to carry the existing stormwater flows through the proposed development.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The following provisions are established to preserve and provide properly located public sites for stormwater management as the community develops, and to insure that the costs of providing and developing such public sites are equitably apportioned on the basis of serving the need for the management of increase stormwater quantities resulting from land development. All stormwater management plans are required to meet provision of Wisconsin State Statutes NR 151.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Whenever a parcel is to be subdivided or consolidated and embraces any part of a drainageway identified on the comprehensive plan, and/or official map or any portion thereof, such part of such existing or proposed public drainageway shall be platted and dedicated by the subdivider as an easement, outlot, or right-of-way in the location and at the size indicated along with all other streets and public ways in the land division.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The subdivider shall dedicate sufficient land area for the storage of stormwater in accordance with the standards for on-site detention and as determined by the city engineer or director of public works. Storage areas necessary to serve areas outside the land division shall be held in reserve for a period of five years from the date of final plat approval, for future acquisition by the city, Columbia County, or other appropriate agency having the authority to purchase such property. The subdivider and city shall enter into an agreement with the city to provide for the purchase of the lands held in reserve prior to the conclusion of the five-year reserve period.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The subdivider, at such subdivider's cost; shall install all drainage facilities identified in the erosion control plan or determined by the city engineer or director of public works as being necessary for the management of all lands and roadways within the development. All required storm drainage facilities shall be constructed, restored to original elevations and operational prior to acceptance of any dedications and/or public improvements served by the storm drainage facilities.

(a)

The subdivider shall submit to the city engineer for review and approval a report on the ability of existing watercourse channels, storm sewers, culverts, and other improvements pertaining to drainage or flood control within the land division to handle the additional runoff which would be generated by the development of the land within the land division. Additional information shall be submitted to adequately indicate that provision has been made for disposal of surface water without any damage to the developed or undeveloped land downstream or below the proposed land division. The report shall also include:

1.

Estimates of the quantity of stormwater entering the land division naturally from areas outside the land division;

2.

Quantities of flow at each inlet or culvert;

3.

Location, sizes and grades of required culverts, storm drainage sewers and other required appurtenances.

(b)

A grading plan for the streets, blocks and lots shall be submitted by the subdivider for the area within the land division.

(c)

The design criteria for storm drainage systems shall be reviewed by the city engineer and approved or modified.

(d)

Material and construction specifications for all drainage projects (i.e., pipe, culverts, seed, code, etc.) shall be in compliance with standards and specifications provided by city ordinance and/or city engineer.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The subdivider shall install all minor drainage system components necessary to reduce inconvenience and damages from frequent storms. Minor drainage components shall include all inlets, piping, gutters, channels, ditching, pumping, and other facilities designed to accommodate the post-development runoff resulting from a two-year, 24-hour rainfall (ten-year, 24-hour rainfall for commercial zoning district) event as determined in the most current edition of the Soils Conservation Service Technical Release 55 (TR55).

In drainageways and drainageway easements, accumulations of water shall not inundate beyond the limits of the drainageway or drainageway easement. Cross-street drainage channels (valley gutters) shall not be permitted except on cul-de-sac or permanent dead end streets serving less than ten dwelling units and where the minimum grade in the valley gutter and street gutter between the valley gutter and the next downstream drainage inlet is not less than one percent.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The subdivider shall install all major drainage system components necessary to reduce inconvenience and damages from infrequent storms. Major system components shall include large channels and drainageways, streets, easements and other paths, and shall be capable of accommodating post-development runoff in excess of that accommodated by minor system components resulting from 24-hour rainfall events for storms with return frequencies greater than two years up to and including the 100-year return event (as identified in TR 55).

(Ord. No. 643-09, §§ I, II, 4-8-09)

Unless otherwise approved by the city engineer, all drainage piping of 12 inches diameter and greater in street rights-of-way shall be constructed of Class 3 reinforced concrete pipe. Piping materials outside of rights-of-way shall be subject to approval of the city engineer.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Where open channels are utilized in either the minor or major drainage system, they shall be designed so as to minimize maintenance requirements and maximize safety. Drainage easements (in lieu of dedications) shall be utilized to accommodate open channels provided adequate access by the city for maintenance of drainage capacity. Side slopes shall not exceed a four to one slope. Drainageways with grades of three-fourths percent or less, or where subject to high groundwater, continuous flows, or other conditions as determined by the city engineer that would hamper maintenance operations due to consistently wet conditions, shall have a treatment approved by the city engineer and the director of public works.

In areas where invert paving is not required, the drainageway bottom shall be approved by the city engineer and the director of public works. If the drainageway has a bare soil bottom or the natural grasses in the drainageway are disturbed due to development operations, the drainageway bottom shall be sodded and securely staked to one foot above the elevation of inundation resulting from a post-development five-year, 24-hour storm event. Other disturbed areas shall be seeded and prepared in accordance with the city's erosion control requirements.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The subdivider may employ on-site detention to control erosion and sedimentation, reduce the post development peak runoff rate, or temporarily store stormwater runoff due to inadequate downstream drainage facilities. The detention (storage) facilities shall be subject to regulation in accordance with the following standards:

(a)

Where on-site detention is temporarily employed for erosion and sedimentation control, the detention facilities shall safely contain the post-development runoff from a 25-year storm event of 24-hour duration within the limits of the facility.

(b)

Where on-site detention is permanently employed to reduce the post-development peak runoff, the detention facility shall safely contain the post development runoff from a 25-year storm event of 24-hour duration within the limits of the facility.

(c)

Detention facility peak discharge rates for the maximum storm required to be contained, shall not exceed the predevelopment peak discharge rate from a five-year storm event of 24-hour duration or the capacity of the downstream drainage facilities, whichever is less.

(d)

All temporary detention facilities shall safely contain or pass the runoff from any storm of any duration which exceeds the maximum storm required to be contained up to the 100-year storm event of 24-hour duration.

(e)

All permanent detention facilities shall safely contain the runoff from the 100-year storm event of 24-hour duration (on both public and, if necessary, private properties) without inundating any building at the ground elevation, the travel lanes of any arterial street, the center ten feet of any collector street, or the top of curb on any local street.

(f)

Determination of on-site detention volumes shall be computed by procedures established by the United States Soil Conservation Service in the most current edition of its technical publication entitled "Urban Hydrology for Small Watersheds," TR-55, and as accepted and approved by the city engineer.

(g)

The storage of stormwater runoff shall not encroach on any public park (except parks designed with detention facilities) or any private lands outside the land division unless an easement providing for such storage has been approved and recorded for such lands.

(h)

All detention facilities shall be designed with the safety of the general public and any considerations for ease of maintenance as high priorities.

(i)

Wet detention facilities shall include rip rap as required, at the discretion of the city engineer, from one foot below the normal water elevation to not less than two feet above the normal water elevation.

(j)

The sides of all detention facilities shall have a maximum slope ratio of four to one (horizontal to vertical), with flatter slopes being required where determined practical by the city engineer.

(k)

The city council, upon recommendation by the director of public works may require the installation of fencing, or other such security measures, in detention facilities with excessively long draw down times or permanent water features, or other features requiring additional security for safety reasons.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Site infiltration requirements will be required for all sites subject to NR 151 requirements. Sites will be considered exempt from infiltration after soil testing has determined site will not be feasible for infiltration per NR 151.

Oil and grease separation requirements for proposed site development will be approved on a site basis by city engineer or director of public works. Methods of oil and grease separation may include but are not limited to: Stone trenches, bioretention areas and third party stormwater treatment devices.

(Ord. No. 643-09, §§ I, II, 4-8-09)

It is declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements of special character or special historical interest or value is a public necessity and is required in the interest of health, prosperity, safety and welfare of the people. The purpose of this division is to:

(1)

Effect and accomplish the protection, enhancement and perpetuation of such improvements that represent or reflect elements of the city's cultural, social, economic, political, engineering and architectural history.

(2)

Safeguard the city's historic and cultural heritage as embodied and reflected in such historic structures, sites, districts and neighborhoods.

(3)

Stabilize and improve property values.

(4)

Foster civic pride in the beauty and noble accomplishments of the past.

(5)

Protect and enhance the city's attractions for residents, tourists and visitors and to serve as a support and stimulus to business and industry.

(6)

Strengthen the economy of the city.

(7)

Promote the use of historic structures, sites, districts and neighborhoods for the education, pleasure and welfare of the people of the city.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

An historic landmarks and preservation commission is created, consisting of seven members. Each member shall have to the highest extent practicable a known interest in historic preservation. The mayor shall appoint the commissioners, subject to confirmation by the common council. Each member shall serve staggered terms of three years. The terms of appointees shall commence on May 10 of the year of appointment.

(2)

The commission shall annually designate a chairman, vice-chairman and secretary/treasurer from among its members who shall perform those duties as are common to their offices and shall adopt regular meeting dates and reasonable rules of procedure.

(3)

The preservation commission may adopt specific operating guidelines for designation of historic sites, structures, districts and neighborhoods provided they are in conformity with criteria and standards established by this division.

(4)

The historic landmark and preservation commission is herein referred to as the "preservation commission"

(Ord. No. 643-09, §§ I, II, 4-8-09)

The preservation commission shall have the following duties as further detailed elsewhere in this division as noted:

(1)

Designation of historic structures, sites, districts and neighborhoods. (See sections 114-176 and 114-177).

(2)

Regulation of construction, reconstruction and exterior alteration involving designated properties. (See sections 114-178 and 114-179).

(3)

Regulation of demolition involving designated properties. (See section 114-182).

(4)

Rescinding of historic structure, site, district or neighborhood designation. (See section 114-182).

(5)

Recommendation on proposed alterations to the interiors of designated municipal buildings. The preservation commission shall consider and make recommendation to the common council regarding proposed alteration to the interior of any designated municipal building.

(6)

Recognition of designated sites. The preservation commission may cause to have prepared and erected, a suitable plaque upon designated properties at public expense. Such plaque shall be easily visible to passing pedestrians. The plaque shall contain such information as the preservation commission deems proper, such as the name of the building or site, important dates and pertinent facts.

(7)

In addition, the preservation commission shall also:

(a)

Actively work for the passage of enabling legislation that would permit the granting of full or partial tax exemptions to properties it has designated under the provisions of this division in order to encourage owners of historic properties to assist in carrying out the intent of this division.

(b)

Cooperate with the historic preservation officer for the state and the state historic preservation review board in attempting to include such properties hereunder designated as historic structures or sites in the National Register of Historic Places.

(c)

Work for the continuing education of the citizens about the historic heritage of the city and the historic structures and sites designated under the provisions of this division.

(d)

As it deems advisable, receive and solicit funds for the purpose of historic preservation in the city. Such funds shall be placed in a special city account for such purpose; however, any such funds intended by the donor to be controlled by the commission may be placed in a separate trust account of the commission in keeping therewith.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

For purposes of this division, an historic structure, site, neighborhood or district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon or any area of particular historic, architectural or cultural significance to the city in accordance with the criteria detailed in this section. Designation shall be based on a comprehensive consideration of all relevant factors. Within this division, properties granted historic structure, site, neighborhood or district designation are referred to as "designated properties".

(2)

Designation may be granted to structures, sites, neighborhoods or districts that:

(a)

Exemplify, reflect or hold significant value as part of the broad cultural, political, economic or social history of the nation, state or city;

(b)

Are identified with historic personages or with important events in national, state or local history;

(c)

Embody the distinguishing characteristics of an architectural type or specimen, inherently valuable for a study of a period, style, method of construction or of indigenous materials or craftsmanship; or

(d)

Are representative of the notable work of a master builder, designer or architect whose individual genius influenced his age.

(e)

Are identifiable as established and familiar visual features in the community owing to their unique location or physical characteristics.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Application.

(a)

Any person, group of persons or association, may apply for historic structure, site, district or neighborhood designation for property and improvements located within the corporate limits of the city. The owner of any property that is currently designated may apply for a rescission of that dedication following the same procedures. Where this section refers to procedures applicable to the nomination and designation of properties, those procedures also apply to the rescission of dedication unless otherwise stated. When rescission is requested for economic reasons it shall only be considered in accordance with parameters established under subsection 114-182(2).

(b)

Nominations shall be made to the preservation commission on forms provided for that purpose. The application shall include or be accompanied by the following:

1.

The name and address, as shown on the tax assessor's rolls of the owner of property proposed for designation.

2.

The legal description and common street address of property proposed for designation.

3.

A map delineating the boundaries and location of property proposed for designation.

4.

A written statement describing the property and setting forth reasons in support of the designation proposed.

5.

An indication of whether or not the owner(s) consents to the proposed designation.

6.

Such other information as may be required by the preservation commission.

(2)

Notification of nomination and preliminary review. Upon receipt of an application for designation or rescission, the chairman of the preservation commission shall schedule a preliminary review to be held within 45 days. He shall notify the applicant and the property owner(s) of the time and place of the preliminary review. The city tax assessor, public works department, parks division, fire and police departments, health officer, building inspector and plan commission shall also be notified with the request that they each report to the preservation commission in a timely manner on any matters affecting the subject property or surrounding area.

(3)

Public hearing and decision.

(a)

Scheduling of the public hearing. If the preservation commission finds at the time of the preliminary review that an application merits further consideration, then a public hearing shall be scheduled to be held within the next 60 days. The preservation commission shall notify the city tax assessor, public works department, parks division, fire and police departments, health officer, building inspector and plan commission. Each such department shall respond to the commission within 30 days of notification with its comments on the proposed designation or rescission.

(b)

Notice of the public hearing. In cases of a nomination of a structure or site, notice of the date, time, place and purpose of the public hearing and a copy of the completed nomination form shall be sent to the owners of record of the nominated property, to the nominator(s), and to the owners of record as listed in the office of the city assessor of all property in whole or in part situated within 200 feet of the boundaries of the nominated property at least ten days prior to the date of the hearing. In cases of a nomination of an area as a historic district or historic neighborhood, notice of the date, time, place and purpose of the public hearing and a copy of the completed nomination form shall be sent to the owners of record of each property located within the boundaries of the nominated historic district or historic neighborhood and to the nominator(s), at least ten days prior to the date of the hearing. Notice of such hearing shall also be published as a Class 1 notice under state statutes stating the common street address and legal description of a nominated structure or site or legal description and boundaries of a nominated district along with the date, time, place and purpose of the public hearing. Requirements set forth in this subsection also apply to applications for rescission.

(c)

Required materials. The applicant shall produce at the time of the hearing such information as the preservation commission may require including, but not limited to, the following:

1.

All information required with the application.

2.

A visual presentation of the significant improvements on the subject property, together with information as to the age, condition and use of each.

3.

Proposals for preservation and enhancement of the property proposed for designation or a detailed explanation of the reason rescission is requested.

(d)

Conduct of the hearing. The preservation commission shall conduct such public hearing. The applicant and the owners of subject property shall be entitled to speak at the public hearing and the preservation commission will accept comments from all other interested parties. In addition to notified persons and members of the general public, the preservation commission may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The preservation commission may conduct an independent investigation into the proposed designation or rescission. The preservation commission shall review and evaluate all available information according to the applicable standards set forth herein. A record of the proceedings shall be made and retained as a public record.

(e)

Approval timeline. The preservation commission shall approve, approve with modifications or deny the requested designation within ten days after the public hearing; provided, however, that the preservation commission may not modify a designation to extend beyond the property described in the application unless a new application is filed and the procedure repeated. Rescission of designation for economic reasons is subject to timelines as specified under subsection 114-182(2). A majority vote of the entire preservation commission is required for approval.

(f)

Informing parties of interest. Following the public hearing, the secretary of the preservation commission shall prepare a report on the outcome of the preservation commission's action including all available information for submission to the city council within 30 days, as an information item. The owner(s) of record and parties who spoke at the public hearing shall be notified promptly by a letter containing information on the preservation commission's decision. Notification shall also be given to the city clerk, building inspector and the city assessor. The preservation commission shall cause the designation or rescission to be recorded at city expense in the county register of deeds' office.

(g)

Effect of denial. If the preservation commission denies the petition, no petitioner or applicant can file for 90 days to the secretary of the preservation commission to consider this same request.

(h)

Effect of approval. Properties approved for designation as historic structures, sites, districts or neighborhoods become subject to all provisions of this division. Properties approved for a rescission of dedication are no longer subject to the provisions of this division.

(i)

Voluntary restrictive covenants. The owner of any historic structure or site may at any time following such designation of his property enter into a restriction covenant on the subject property after negotiation with the commission. The commission may assist the owner in preparing such covenant in the interest of preserving the historic property. The owner shall record such covenant in the county register of deeds office and shall notify the city assessor of such covenant and the conditions thereof.

(4)

After the date of filing an application, as outlined above, until the date of a final decision by the preservation commission no building permit shall be issued for the alteration, construction, demolition, or removal of the nominated property except as permitted under the provisions of section 114-179. In no event shall the delay so imposed exceed 210 days.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Work on designated property and improvements shall be regulated as follows:

(a)

Historic structures. No alterations, interior construction which affects structural members, exterior construction or exterior demolition may be performed on designated historic structures or the property on which they are located, except as have been approved by a certificate of appropriateness. Such work is herein referred to as "regulated work".

(b)

Historic sites, districts and neighborhoods. No alterations, exterior construction or exterior demolition may be performed on property and improvements located within an area that has been designated under this division as an historic site, district or neighborhood, except as have been approved by a certificate of appropriateness. Such work is herein referred to as "regulated work".

(2)

Signs, banners, canopies and the like for designated properties are subject to the same restrictions as "regulated work".

(3)

Regulated work restricted.

(a)

Any application for a permit from the building inspector involving regulated work shall be filed with the preservation commission. Unless such certificate has been granted by the preservation commission, the building inspector shall not issue a permit for any such work.

(b)

No one shall cause or permit any regulated work to be performed unless a certificate of appropriateness has been granted by the preservation commission.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Application. Persons wishing to undertake regulated work shall file an application for a certificate of appropriateness at the city clerk's office on forms provided for that purpose. Each application shall be accompanied by all relevant plans and specifications for the work to be undertaken. The city clerk, within seven working days, shall submit copies of all applications to the preservation commission.

(2)

Review and approval process.

(a)

Preapplication consultation. Any applicant may request a meeting with the preservation commission before submitting an application for a certificate of appropriateness and may consult with the preservation commission during the review of the application.

(b)

Decision. At the next regular meeting following receipt of all necessary materials for review of the certificate of appropriateness, the preservation commission shall review and decide upon the application. The applicant may request a special meeting if the next regular preservation commission meeting is scheduled 15 days or more after the city's receipt of all necessary materials. The preservation commission shall grant a certificate of appropriateness if it finds that the proposed work is clearly appropriate and in accordance with the applicable criteria set forth in subsection (4). Copies of the certificate of appropriateness shall be forwarded to the owner(s) of record and the building inspector.

(c)

Effect of denial. When an application has been denied, the preservation commission shall notify the applicant in writing of the decision, with reasons for denial. The denial letter shall list the criteria and standards set forth in subsection (4), which if met, would make the application acceptable to the preservation commission. Within 30 days of receipt of the notification of denial, the applicant must either file a written modification of his application bringing it in conformity with the criteria and standards set forth in the denial letter or file an appeal to the common council on the basis of economic hardship. If the applicant fails to respond in either of those ways, in the required timeframe, the application shall be deemed null and void.

(d)

Action on modified applications. Following denial of a certificate of appropriateness, within 30 days of the receipt of a written modification, the preservation commission shall issue or deny the certificate of appropriateness in accordance with the established procedures and criteria detailed in this section.

(3)

Changes following issuance of a certificate of appropriateness. After the issuance of a certificate of appropriateness, no change may be made in the proposed work without review and approval of a new application for a certificate of appropriateness.

(4)

Criteria. In making a determination whether to issue or deny a certificate of appropriateness, the preservation commission shall consider, among other things, the effect of the proposed construction, alteration, removal or demolition upon historic, aesthetic or architectural value, characteristics and significance of the structure, site, neighborhood and/or district. The criteria to be used by the preservation commission in making its determination shall include, but are not limited to:

(a)

The maintenance of the significant original qualities or character of the structure or property, including, if significant, its landscape. The removal or alteration of any historic or distinctive architectural features shall be avoided.

(b)

The compatibility of the architectural style and design detailing the proposed construction, alteration, addition or repair with the original architecture of the landmark or styles within the historic district.

(c)

The compatibility of the general design, arrangement, scale, texture or materials of the construction or alteration, with the historic, aesthetic or architectural values, characteristics and significance of the historic district and/or landmark.

(d)

The relationship of the location of the construction, alteration, or demolition to the streets, public or semipublic ways and any other improvement or property within a historic district.

(e)

Whether, in the case of a designated historic structure, site or structure within an historic district, the proposed work would detrimentally change, destroy or adversely affect any exterior architectural feature of the improvement upon which such work is to be done.

(f)

Whether, in the case of the construction of a new improvement upon an historic site, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site.

(g)

Whether construction, alteration and demolition are done in accordance with the following:

1.

All buildings, structures, and sites are recognized as products of their own time, and alterations have a historical basis.

2.

Such exterior physical changes as may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. Because these changes may have acquired significance in their own right, this significance should be recognized and respected.

3.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site are treated with sensitivity.

4.

Deteriorated architectural features are repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material need not be identical to but should match the material being replaced in composition, design, color, texture and other visual qualities.

5.

The surface cleaning of structures is undertaken with the gentlest means possible. Abrasive cleaning and other cleaning methods that will damage the historic building materials should not be undertaken.

6.

Every reasonable effort will be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

7.

Contemporary design for alterations and additions to existing properties is undertaken in such a manner that it does not destroy significant historical, architectural or cultural materials, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment as outlined:

a.

Height. The height of the proposed structure or additions or alterations should be compatible with surrounding structures.

b.

Proportions of structure's front façade. The proportions and relationships between the width and height of the proposed structure should be compatible with nearby structures.

c.

Proportions of openings into facility. The proportions and relationships between doors and windows should be compatible with existing structures.

d.

Relationship of building masses and spaces. The relationship of a structure to the open space between it and adjoining structures should be compatible.

e.

Roof shapes. The design of the roof should be compatible with adjoining structures.

f.

Landscape and appurtenances. Landscaping and the use of appurtenances should be sensitive to the individual structures, its occupants and their needs. Further, the landscape treatment should be compatible with surrounding structures and landscapes.

g.

Scale of structure. The scale of the structure should be compatible with surrounding structures.

h.

Directional expression of front elevation. Street façades should blend with other structures with regard to directional expression. When adjacent structures have a dominant horizontal or vertical expression, this should be carried over and reflected.

i.

Architectural details. Architectural details and materials should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of that area.

8.

Wherever possible, new additions or alterations to structures should be done in such manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would not be impaired.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Eligibility and terms. Notwithstanding any of the provisions of this division to the contrary, the common council may issue a certificate of economic hardship to allow the performance of work for which a certificate of appropriateness has been denied. The certificate of economic hardship requires a two-thirds vote of the full council upon a clear showing of economic hardship by the applicant in accordance with the terms of this section.

(2)

Application. To be considered for a certificate of economic hardship the applicant shall provide the following information in an affidavit signed by the owner of the subject property:

(a)

The amount paid for the property, the date of purchase and the party from whom purchased (including description of the relationship, if any, between the owner and the person from whom the property was purchased).

(b)

The assessed value of the land and improvements thereon according to the two most recent assessments.

(c)

Real estate taxes for the previous two years, and proof that they are paid in full.

(d)

Annual debt service, if any, for the previous two years.

(e)

All appraisals obtained within the previous two years by the owner or applicant in connection with his purchase, financing or ownership of property.

(f)

Any listing of the property for sale or rent, price asked and offers received, if any.

(g)

Any consideration by the owner as to profitable adaptive uses for the property.

(h)

If the property is income-producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and annual cash flow, if any, during the same period.

(i)

A description of the necessity for the work, as proposed, explaining the economic hardship resulting from denial of the certificate of appropriateness and/or the economic hardship that would be incurred in efforts to satisfy the criteria detailed in the denial of the certificate of appropriateness.

(3)

Decision. If the common council finds that, without approval of the proposed work, the property and improvements cannot be put to a reasonable beneficial use or the owner cannot obtain a reasonable economic return therefrom the common council is authorized to issue a certificate of economic hardship. If the common council finds otherwise, it shall deny issuance of the certificate of economic hardship. At the discretion of the common council a final decision regarding issuance of the certificate of economic hardship may be delayed for a period not to exceed six months. During this period of delay, the applicant shall investigate plans to allow for a reasonably beneficial use or a reasonable economic return, or to otherwise preserve the subject property and improvements. The common council may request that the preservation commission provide assistance to the applicant in this endeavor. Upon a decision by the common council regarding a certificate of economic hardship, the city clerk shall notify the preservation commission, the applicant and the building inspector within seven days.

(4)

Effect of decision. The issuance of a certificate of economic hardship acts in lieu of a certificate of appropriateness for the identified work. The building inspector may proceed to issue building permits for such work following standard procedures once a certificate of economic hardship has been granted.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Notice to preservation commission. The city administrator or designee shall provide notice in writing to the chairperson of the preservation commission at least 15 days in advance of any forthcoming public hearings regarding zoning, conditional use or variance petitions involving designated properties. Additionally, the building inspector shall provide notice in writing to the chairman of the preservation commission at least 60 days in advance of plans by the city to alter or demolish a designated property owned by the city.

(2)

Affirmation of existing codes and ordinances. Nothing contained in this division shall supersede the powers of other local legislative or regulatory bodies, or relieves any property owner from complying with the requirements of any other applicable codes and ordinances.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Regulation of demolition. No permit to demolish all or part of an historic structure shall be granted by the building inspector, except as follows:

(a)

At such time as a person applies for a permit to demolish such property, the application shall be filed with the preservation commission. Upon application, the preservation commission may refuse to grant such written approval for a period of up to ten months from the time of such application, during which time the commission and the applicant shall undertake serious and continuing discussions for the purpose of finding a method to save such property. During such period, the applicant and the commission shall cooperate in attempting to avoid demolition of the property. At the end of this ten-month period, if no mutually agreeable method of saving the subject property bearing a reasonable prospect of eventual success is underway or no formal application for funds from any governmental unit or nonprofit organization to preserve the subject property is pending, the common council may direct the building inspector to issue the permit to demolish the subject property without the approval of the preservation commission.

(b)

In determining whether to allow the issuance of a permit for any demolition, the preservation commission shall consider and may give decisive weight to any or all of the following:

1.

Whether the building or structure is of such architectural or historic significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the city and the state.

2.

Whether the building or structure is of such old and unusual or uncommon design, texture and/or material that it could not be reproduced or be reproduced only with great difficulty and/or expense.

3.

Whether retention of the building or structure would promote the general welfare of the people of the city and the state by encouraging study of American history or architecture design, or by developing an understanding of American culture and heritage.

4.

Whether the building or structure is in such a deteriorated condition that it is not structurally or economically feasible to preserve or restore it, provided that any hardship or difficulty claimed by the owner that is self-created or is the result of any failure to maintain the property in good repair cannot qualify as a basis for the issuance of a demolition permit.

(c)

An appeal from the decision of the preservation commission to grant or deny a demolition permit or to suspend action on a demolition application may be taken to the common council by the applicant for the demolition permit or by the mayor or the council member of the district in which the subject building or structure is located. Such appeal shall be initiated by filing a petition to appeal specifying the grounds with the city clerk within ten days of the date the final decision of the preservation commission is made. The city clerk shall file the petition to appeal with the common council. After a public hearing, the council may by favorable vote of two-thirds of its members, reserve or modify the decision of the preservation commission if, after balancing the interest of the public in preserving the subject property and the interest of the owner in using it for his own purposes, the council finds that owing to special conditions pertaining to the specific piece of property, demolition will preclude any and all reasonable use of the property and/or a failure to approve the demolition will cause serious hardship for the owner, provided that any self-created hardship shall not be a basis for reversal or modification of the preservation commission's decision.

(2)

Rescinding designation of historic structures, sites or structures within an historic district for economic reasons. Any person who is listed as the owner of record of an historic structure, site, or structure within an historic district at the time of its designation who can demonstrate to the preservation commission that by virtue of such designation he is unable to find a buyer willing to preserve such an historic structure or site even though he has made reasonable attempts in good faith to find and attract such a buyer, may petition the preservation commission for a rescission of its designation. Following the filing of such petition with the secretary of the preservation commission:

(a)

The owner and the preservation commission shall work together in good faith to locate a buyer for the subject property who is willing to abide by its designation.

(b)

If at the end of a period not exceeding 12 months from the date of such petition no such buyer can be found and if the owner still desires to obtain such rescission, the preservation commission shall rescind its designation of the subject property.

(c)

In the event of such rescission, the preservation commission shall notify the city clerk, the building inspector and the city assessor of the rescission and shall cause the rescission to be recorded at its own expense in the office of the county register of deeds.

(d)

Following such rescission, the preservation commission may not redesignate the subject property an historic structure or site for a period of not less than five years following the date of rescission.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Every person in charge of any historic structure or site shall maintain the structure or site or cause or permit it to be maintained in a condition consistent with the provisions of this division. The city council may appoint the building inspector or other designee to enforce this division. The duties of the designee shall include periodic inspection at intervals provided by the city council of designated historic structures and sites. These inspections may include physical entry upon the property and its improvements with permission of the owner to ensure that interior alterations or maintenance will not jeopardize the exterior appearance or structural stability of the improvement. If an owner refuses permission for entry for purposes of inspection, the building inspector may obtain a warrant of entry pursuant to Wis. Stats. § 66.122, and take any other reasonable measures to further enforce this division.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Every person in charge of an improvement on an historic site shall keep in good repair all of the exterior portions of such improvement and all interior portions thereof that, if not so maintained, may cause or tend to cause the exterior portions of such improvement to fall into a state of disrepair. This provision shall be in addition to all other provisions of law requiring such improvement to be kept in good repair.

(2)

Insofar as they are applicable to an historic structure, site or district designated under this division, any provision of articles III and V of chapter 18, may be varied or waived on application to the appropriate board having such jurisdiction over such chapters or in the absence of such board, to the building inspector, provided such variance or waiver does not endanger public health or safety.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Nothing contained in this division shall prohibit the making of necessary construction, reconstruction, alteration or demolition of any historic structure or any improvement on an historic site pursuant to order of any governmental agency or any court judgment for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. In such cases, no approval from the preservation commission shall be required.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Any person violating any provisions of this division or any regulation, rule or order made under this division shall be subject to a penalty as provided in section 1-14.

(Ord. No. 643-09, §§ I, II, 4-8-09)

An appeal from any final decision made by the preservation commission pursuant to sections 114-177 through 114-179, or any other final decision made by the preservation commission may be made to the common council by an aggrieved party. Such appeal shall go directly to the common council and shall not first be heard by the committee of the whole. Such appeal shall be initiated by the aggrieved party filing a petition to appeal specifying the grounds for the appeal with the city clerk within 15 days of the date the final decision of the preservation commission was made. The city clerk shall file the petition to appeal with the common council. The common council shall schedule the appeal to be heard at its next regularly scheduled council meeting. When the appeal is heard, the common council shall first hear from the aggrieved party and shall then hear from a representative of the preservation commission. The parties may present additional witnesses and the common council may call its own witnesses. In considering the appeal, the burden shall be upon the aggrieved party to prove by a preponderance of the evidence that the preservation commission has inappropriately applied the criteria to be considered in making the initial decision. Following the receipt of testimony, the council may, by favorable vote of two-thirds of its members, approve the appeal.

(Ord. No. 794-24, § 1, 6-4-24)