This chapter shall include all lands and waters within the corporate limits of the City.

No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, converted or structurally altered without a building permit, except minor structures, and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

The Building Inspector, with the aid of the Police Department, shall investigate all complaints, give notice of violations and enforce the provisions of this chapter. The Building Inspector and his duly appointed deputies may enter at any reasonable time onto any public or private lands or waters to make a zoning inspection.

(1)

No person in possession of land in the City, either as owner, purchaser under contract, lessee, tenant or licensee shall maintain a swimming pool thereon unless all the requirements of this section are complied with.

(2)

A swimming pool within the meaning of this section shall be any depression in the ground, either temporary or permanent, or a container of water, either temporary or permanent, and either above or below the ground in which water or more than 18 inches in depth is contained and which is used primarily for the purpose of bathing and swimming.

(3)

Every person, every member of a partnership and every corporation that owns, directly or indirectly, or operates, uses or has custody or control of or has the right to use any swimming pool located in the City shall erect and maintain a fence or barriers at least 4 feet in height around such swimming pool and of such construction as to safeguard a child less than 10 years of age from falling into such swimming pool. All gates or other openings in such fence or barrier shall be of a self-latching nature and shall be closed and locked when the swimming pool is not in use. A temporary fence may be erected around a temporary pool, which is a pool which can be emptied and removed and stored. A permanent fence shall be erected and maintained around a permanent pool, which is a pool which remains in place permanently. (Am. 8/2/05)

(4)

All fences constructed in compliance with this section shall conform to all other ordinances in the City relating to fences and shall be so constructed that no opening is allowed larger than 6 square inches. If wire is used, no material lighter than 12 gauge wire shall be allowed. If wood fencing is used, no less than one inch nominal boards shall be allowed. Fence structures must start no more than 3 inches above ground level.

(5)

Abandoned or unused pools situated on residential premises which are not occupied or dwelt in for periods of 30 days or more shall be completely drained or equipped with a secure swimming pool cover capable of supporting an adult weighing 150 pounds.

(6)

All swimming pools existing at the time of the passage of this section shall comply with the terms of this section within 180 days after its passage and publication as required by law.

(1)

LAND UNSUITABLE FOR DEVELOPMENT. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the City Plan Commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The City Plan Commission in applying the provisions of this section shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the City Plan Commission may affirm, modify or withdraw its determination of unsuitability.

(2)

LOTS TO ABUT PUBLIC STREET. All lots shall abut upon a public street. No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(3)

LOT FRONTAGE. Each lot shall have a minimum frontage of 25 feet.

(4)

PRINCIPAL STRUCTURES. All principal structures shall be located on a lot and only one principal structure shall be located, erected or moved onto a lot.

(5)

SEWER AND WATER. No building permit shall be issued unless public sewer and water are provided.

(6)

LOTS ABUTTING OTHER DISTRICTS. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The minimum street yards on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the minimum street yards required in both districts

(7)

CORNER LOTS. Corner lots shall provide a side yard adjacent to the street which shall be equivalent to the front yard requirement of the district, except such side yard may be modified for substandard lots in accordance with §17.57.

(8)

BUILDING PERMIT REQUIREMENTS. (Cr. 11/3/86) Additional site restrictions and requirements for building permits are contained in Ch. 11 of this Municipal Code.

(9)

MANUFACTURED HOME. The term "manufactured home" as used in §§17.25 and 17.26 means a structure certified and labeled as a manufactured home under 42 U.S.C. §§5401—5426, which, when placed on the site:

(a)

Is set on an enclosed foundation in accordance with §70.043(1), Wis. Stats., and Ch. ILHR 21, subch. III—V, Wis. Adm. Code, or is set on a comparable enclosed foundation system approved by the Building Inspector. The Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.

(b)

Is installed in accordance with the manufacturer's instructions.

(c)

Is properly connected to utilities.

(10)

FLAG LOTS. (Cr. 10/1/14)

(a)

Except as provided in paragraph (b) below, flag lots are prohibited in any zoning district within the City.

(b)

A flag lot may be created in any zoning district if its use is limited through recorded restrictions, so the lot is used solely for stormwater management, park or other public purposes.

(c)

A flag lot is defined as a lot that is shaped like a flag with the portion of the lot where all structures are to be located in an area shaped like a flag and the pole being the portion of the lot where the vehicular access between the flag and its adjoining public street shall be located. To be considered a flag lot, the lot shall have no other frontage except for the end of the pole portion.

Only those principal uses specified for a district, their essential services and the following uses shall be permitted in that district:

Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade or industry. Accessory uses include incidental repairs; storage; parking facilities; gardening; servant's, owner's, itinerant agricultural laborer's, and watchman's quarters not for rent; private swimming pools; and private emergency shelters. Garage sales, rummage sales and owner-made craft sales may be conducted on all premises, provided that each occasion shall not take place for a period of longer than 12 hours per day for a maximum of 3 consecutive days and that there shall be no more than 4 occasions per calendar year at any premises.

Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the City Plan Commission in accordance with section 17.35. Any development within 500 feet of the existing or proposed rights-of-way of controlled access trafficways and within 1,500 feet of their existing or proposed interchange or turning lane rights-of-way shall be deemed to be conditional uses. Such development shall be specifically reviewed and approved by the Plan Commission as provided in section 17.35.

Unclassified or unspecified uses may be permitted by the Board of Zoning Appeals after the Plan Commission has made a review and recommendation provided that such uses are similar in character to the principal uses permitted in the district.

Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Board of Zoning Appeals.

No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter.

No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.

Boundaries of districts are as shown on a map entitled, "Zoning Map, Cuba City, Wisconsin," on file in the City Clerk-Treasurer's office. Such boundaries shall be construed as follows unless otherwise noted on the zoning map:

(1)

Corporate limits.

(2)

U.S. Public Land Survey lines.

(3)

Lot or property lines.

(4)

Centerlines of streets, highways, alleys, easements and railroad right-of-way, or such lines extended.

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

(1)

Annexations shall be temporarily placed in a district by the annexation ordinance. Within 3 months, the Plan Commission shall evaluate and recommend a permanent district classification to the City Council.

(2)

Amendments to the annexation ordinance are ordinances: (Am. 2/4/86)

(a)

Dated 8/12/69; 3/15/73; 6/20/73; 8/12/69.

(b)

Numbered 7-77; 2-78; 1-80 and 4-80.

(1)

PRINCIPAL USE. (Am. 8/1/12; 10/1/14) One family dwellings with not more than 2 adults not related by blood or marriage and with no children not related by blood, marriage, adoption or guardianship to one of the resident adults; sales of fresh fruit, vegetables and plants from public and private areas on Main Street; community gardens.

(2)

CONDITIONAL USES. See §17.35 of this chapter.

(3)

MINIMUM AND MAXIMUM REQUIREMENTS.

(a)

Lot.

1.

Width. Minimum 80 feet.

2.

Area. Minimum 10,000 square feet.

(b)

Building Height. Maximum 35 feet.

(c)

Yards.

1.

Street. Minimum 25 feet. (Am. 12/2/97)

2.

Rear. Minimum 30 feet. (Rep. & recr. #2023-02)

3.

Side; Each. Minimum 10 feet.

(d)

Living Area. Minimum 1,000 square feet.

(e)

Definitions.

Living area means improved portions of a home having appropriate wall covering and floor covering and ceilings at least 8 feet high and which are actually used for daily living. Areas used for laundry purposes are part of the living area of a home, but only such areas as are actually and necessary for laundry purposes.

Single-family dwelling means a home occupied by one family only and includes a manufactured home.

(1)

PRINCIPAL USE. (Am. 8/1/12; 10-1-14) One family dwellings with not more than 2 adults not related by blood or marriage and with no children not related by blood, marriage, adoption or guardianship to one of the resident adults; sales of fresh fruit, vegetables and plants from public and private areas on Main Street; community gardens.

(2)

CONDITIONAL USES. See §17.35 of this chapter.

(3)

MINIMUM AND MAXIMUM REQUIREMENTS.

(a)

Lot.

1.

Width. Minimum 70 feet.

2.

Area. Minimum 8,000 square feet.

(b)

Buildings. Height. Maximum 35 feet.

(c)

Yards.

1.

Street. Minimum 25 feet.

2.

Rear. Minimum 30 feet. (Rep. & recr. #2023-03)

3.

Side; Each. Minimum 10 feet.

(d)

Living Area. Minimum 1,000 square feet.

(e)

Definition.

Living area means improved portions of a home having appropriate wallcovering and floor covering and ceilings at least 8 feet high and which are actually used for daily living. Area used for laundry purposes are part of the living area of a home, but only such areas as are actually and necessary for laundry purposes.

(1)

PRINCIPAL USES. (Am. 10/1/14) Multi-family dwellings; community gardens.

(2)

CONDITIONAL USES. See §17.35.

(3)

MINIMUM AND MAXIMUM REQUIREMENTS.

(a)

Lot.

1.

Width. Minimum 100 feet.

2.

Area. Minimum 15,000 square feet with no less than 2,000 square feet per efficiency; 2,500 square feet per one-bedroom unit; 3,000 square feet per 2-bedroom unit.

(b)

Buildings.

1.

Area. Minimum 500 square feet per family.

2.

Height. Maximum 35 feet.

(c)

Yards.

1.

Street. Minimum 25 feet. (Am. 12/2/97)

2.

Rear. Minimum 50 feet.

3.

Side; Each. Minimum 20 feet.

(1)

PRINCIPAL USES. Two-family dwellings and zero lot line two-family dwellings; community gardens.

(2)

CONDITIONAL USES.

a.

Parks and playgrounds;

b.

Professional home offices;

c.

Utilities;

d.

Schools and churches;

e.

Government, cultural and public buildings or uses such as fire and police stations, community centers, libraries, public emergency shelters and museums;

f.

Home occupations;

g.

Nursery schools or daycare facilities;

h.

Retirement homes;

(3)

MINIMUM AND MAXIMUM REQUIREMENTS.

a.

Lot.

1.

Frontage: Minimum 40 feet for each unit.

2.

Area: Minimum of 10,500 square feet and minimum of 5,250 square feet for each unit.

b.

Buildings.

1.

Height: Maximum of 35 feet.

2.

Floor Area Per Dwelling Unit: Minimum 1,000 square feet.

3.

Garages: One private garage with up to 2 stalls per dwelling unit not exceeding 312 square feet per stall.

c.

Yards.

1.

Street Yard: Minimum 25 feet.

2.

Side Yard: Zero feet on one side and minimum of 10 feet on the other side.

3.

Rear Yard: Minimum 30 feet. (Rep. & recr. #2023-04)

(4)

ADDITIONAL REQUIREMENTS.

a.

Each unit shall have separate sewer and water lateral connections;

b.

Each building shall have a minimum one hour fire-rated wall assembly division separating living areas from the lowest level to flush against the underside of the roof between each dwelling unit. Further, each dwelling unit shall have its own walls so as to create a situation where no common walls are present.

(1)

PRINCIPAL USES. The following uses: retail establishments selling and storing only new merchandise, apartment hotels, appliance stores, automotive body and mechanical repair, bakeries, barbershops, bars, beauty shops, business offices, caterers, churches, clinics, clothing repair shops, clothing stores, clubs, cocktail lounges, confectioneries, crockery stores, delicatessens, department stores, drug stores, electrical supply, financial institutions, fitness centers, food lockers, funeral homes, furniture stores, furniture upholstery shops, gas stations, gift stores, grocery stores, hardware stores, heating, ventilation and air conditioning supply, hobby shops, hotels, house occupations, laundry and dry cleaning establishments employing not over 7 persons, licensed child care facilities (licensed as a child care center by the Wisconsin Department of Children and Families under § 48.65, Wis. Stats.), liquor stores, lodges, meat markets, music stores, newspaper offices and press rooms, night clubs, office supplies, optical offices, pawn shops, personal service establishments, pet shops, pharmacies, places of entertainment, photographic supplies, plumbing supplies, printing, private clubs, private schools, publishing, radio broadcasting studios, restaurants, second-hand stores, self-service and pickup laundry and dry cleaning establishments, soda fountains, sporting goods, supermarkets, television broadcasting studios, variety stores and vegetable stores. Existing residences shall comply with all the provisions of the R-2 Residential District. (Am. 8/1/12; Ord. 2017-03)

(2)

CONDITIONAL USES: See §17.35. (Am. 1/6/98)

(3)

BUILDINGS: Height—Maximum 35 feet.

(4)

YARDS: Street—None. Rear—Minimum 30 feet. Side (each)—None, or if provided a minimum of 10 feet.

(1)

PRINCIPAL USES. Auto body and mechanical repair, clothing repair shops, electrical supply, furniture upholstery shops, heating, ventilation and air conditioning supply, laundry and dry cleaning establishments, newspaper offices and press rooms, photographic supplies, plumbing supplies, printing, publishing, radio broadcasting studios, television broadcasting studios.

(2)

CONDITIONAL USES. (Am. #2021-01)

a.

Retail establishments selling and storing only new merchandise such as appliance stores, clothing stores, crockery stores, department stores, drug stores, furniture stores, gift stores, grocery stores, hardware stores, hobby shops, liquor stores, meat markets, music stores, office supplies, sporting goods, supermarkets, variety stores and vegetable stores;

b.

Bakeries, caterers, confectioneries and food lockers;

c.

Fitness centers;

d.

Funeral homes;

e.

Pet shops;

f.

House occupations;

g.

Licensed child care facilities (licensed as a child care center by the Wisconsin Department of Children and Families under § 48.65, Wis. Stats.);

h.

Hotels and lodges;

i.

Self-service and pickup laundry and dry cleaning establishments;

j.

Second-hand stores;

k.

Restaurants;

l.

Pharmacies;

m.

Optical offices, clinics, veterinary clinics;

n.

Gas stations;

o.

Business offices;

p.

Financial institutions;

q.

Storage units;

r.

Lawn care business;

s.

Other uses similar to those specified.

(3)

BUILDINGS. Height - maximum 35 feet.

(4)

YARDS.

a.

Street - minimum 25 feet.

b.

Rear - minimum 30 feet.

c.

Side (each) - minimum 20 feet.

(1)

PRINCIPAL USES: Automotive body and mechanical repairs; automotive upholstery; cleaning, pressing and dyeing establishments; commercial bakeries, commercial greenhouses; distributors; farm machinery; food locker plants; industrial training center, laboratories; machine shops; manufacture and bottling of nonalcoholic beverages; painting; printing; publishing; storage and sale of machinery and equipment; trade and contractors' offices; warehousing; and wholesaling. Manufacture, fabrication, packing, packaging and assembly of products from furs, glass, leather, metals, paper, plaster, plastics, textiles and wood. Manufacture, fabrication, processing, packaging and packing of field and farm seeds. Manufacture, fabrication, processing, packaging and packing of confections; cosmetics; electrical appliances; electronic devices; food except cabbage, fish and tobacco; and toiletries. Freight yard, freight terminals, and transhipment depots, inside storage, breweries and crematories. Existing residences shall comply with all the provisions of the R-2 Residential District. (Am. 8/1/12)

(2)

CONDITIONAL USES: See §17.35. (Am. 1/6/98)

(3)

BUILDINGS: Height—Maximum 35 feet.

(4)

YARDS: Street—Minimum 25 feet. Rear—Minimum 30 feet. Side (each)—Minimum 20 feet.

(1)

PRINCIPAL USES: Agriculture, dairying, floriculture, forestry, general farming, grazing, greenhouses, hatcheries, horticulture, livestock raising, nurseries, orchards, paddocks, pasturage, poultry raising, stables, truck farming and viticulture. Farm dwellings for those resident owners and laborers actually engaged in the principal permitted uses are accessory uses and shall comply with all the provisions of the R-2 Residential District.

(2)

CONDITIONAL USES. See §17.35.

(3)

FARM.

(a)

Frontage. Minimum 200 feet.

(b)

Area. Minimum 10 acres.

(4)

STRUCTURE HEIGHT. Maximum 35 feet.

(5)

YARD.

(a)

Street. Minimum 80 feet.

(b)

Rear. Minimum 50 feet.

(c)

Side (each). Minimum 50 feet.

(1)

PRINCIPAL USES. Product assembly, manufacturing which is an integral part of product assembly, packing and packaging of products, machine shops.

(2)

CONDITIONAL USES. See §17.35. (Am. 1/6/98)

(3)

BUILDING HEIGHT. Maximum 35 feet.

(4)

YARDS.

(a)

Street. Minimum 25 feet.

(b)

Rear. Minimum 30 feet.

(c)

Side (each). Minimum 20 feet.

(1)

PRINCIPAL USES. Those principal uses in M-2 districts and warehouses, distribution centers, commercial greenhouses, freight terminals and truck terminals.

(2)

CONDITIONAL USES. See §17.35.

(3)

BUILDING HEIGHT. Maximum 35 feet.

(4)

YARDS.

(a)

Street. Minimum 25 feet.

(b)

Rear. Minimum 30 feet.

(c)

Side (Each). Minimum 20 feet.

(1)

PRINCIPAL USES. Automobile Accessory Store, Automobile, Boat, Camper and Recreational Vehicle Showrooms, Automotive and Heavy Equipment Rental, Motor Vehicle, Recreational Vehicle and Commercial Equipment Dealer, Wholesale and Commercial Heating, Plumbing, Electrical, Lumber, and Building Equipment and Material, Auto Body and Mechanical Repairs and Paint Shops, Builders Supply Yards, Sale of Lumber and Construction Products, Commercial Printing Establishment, Frozen Food Lockers, Furniture Refinishing, Machine and Woodworking Shop, Retail Sales in Conjunction with Warehousing Wholesale Business. (Am. 8/1/12)

(2)

CONDITIONAL USES. See §17.35.

(3)

BUILDINGS. Height—Maximum 35 feet.

(4)

YARDS.

(a)

Street. None.

(b)

Rear. Minimum 30 feet.

(c)

Side (each). None, or if provided a minimum of 10 feet.

(1)

PRINCIPAL USES. Automobile accessory store; automobile, boat, camper and recreational vehicle showrooms; automotive and heavy equipment rental; motor vehicle, recreational vehicle and commercial equipment dealer; wholesale and commercial heating, plumbing, electrical, lumber, and building equipment and materials; auto body and mechanical repairs and paint shops; builder's supply yards, including the sale of lumber and construction products; commercial printing establishments; frozen food lockers; furniture refinishing; machine and woodworking shops; retail sales in conjunction with any of the above referenced uses.

(2)

CONDITIONAL USES. See Section 17.35.

(3)

BUILDING HEIGHT. Maximum 35 feet.

(4)

YARDS.

(a)

Street. Minimum 25 feet.

(b)

Rear. Minimum 30 feet.

(c)

Side (each). Minimum 20 feet.