The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics, and general welfare of the city.

(Code 2004, § 17.0102)

It is the general intent of this chapter to regulate and restrict the use of all structures, lands, and waters; and to:

(1)

Regulate lot coverage and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage.

(2)

Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services and utilities.

(3)

Regulate parking, loading, and access so as to lessen congestion in and promote the safety and efficiency of the streets and highways.

(4)

Secure safety from fire, flooding, panic, pollution, contamination, and other dangers.

(5)

Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters.

(6)

Prevent flood damages to persons and property.

(7)

Minimize expenditures for flood relief and flood control projects.

(8)

Further the maintenance of safe and healthful water conditions.

(9)

Protect the traffic-carrying capacity of existing and proposed arterial streets and highways.

(10)

Stabilize and protect existing and potential property values.

(11)

Further the appropriate use of land and conservation of natural resources.

(12)

Preserve and protect the beauty of the city.

(13)

Facilitate the use of solar energy devices and other innovative development techniques.

(14)

Implement those municipal, county, watershed, and regional comprehensive plans or plan components adopted by the city, including the city's adopted comprehensive development plan, April 1994.

(15)

Provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(16)

Discourage development in floodplains if there is any practicable alternative to locate the activity, use, or structure outside of the floodplain.

(Code 2004, § 17.0103; Ord. No. 2219, 9-16-2006)

The plan commission of the city recommended the adoption of this chapter at a meeting held on the October 9, 2001, following public informational meetings held on June 25, June 26, and June 27, 2001. The common council adopted this chapter at a meeting held on December 4, 2001, by Ordinance No. 2013, effective December 13, 2001.

(Code 2004, §§ 17.501, 17.1503, 17.1504)

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

Accessory structure means a use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel, and serving a purpose customarily incidental to the principal structure.

Accessory use. See Use, accessory.

Adult day care home means a dwelling that provides care for part of a day in a group setting to adults who need an enriched health-supportive or social experience and who may need assistance with activities of daily living, supervision or protection, where care is provided for not more than ten adults.

Airport affected area means the area contiguous to an airport property in which mutually compatible land uses would be in the public interest. The total length of an airport affected area may not exceed five times the length of an existing or planned runway, and an airport affected area may not extend beyond the end of the runway by a distance exceeding twice the length of the existing or planned runway. The width of an airport-affected area may not exceed one-half mile on either side of the centerline of the existing or planned runway.

Airport owner means any city, village, town, county, or combination thereof which owns an approved airport.

Approved airport means any airport or future airport site:

(1)

Which has been approved as an airport site by appropriate state and federal agencies;

(2)

Which is included in the state airport system plan; and

(3)

To which the fee simple is vested in the airport owner.

Alley means a special public right-of-way affording only secondary access to abutting properties.

Antenna means a device designed to receive or send broadcasts either as over the air signals from transmitters, including fixed television or radio signals, or microwave signals from earth orbiting communications satellites.

Antenna, earth station dish, means a dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communication satellites.

Antenna, terrestrial, means any antenna designed to receive television and radio signals relayed from one ground location to another ground location. Such antennas are typically mounted on a tower or support on the rooftop of a structure, or on free-standing towers.

Antique store means a retail store where objects such as furniture, glass, coins, and other objects prized for their rarity, style, or historic period are sold. For the purpose of this chapter, antiques are generally objects that are at least 20 years old.

Antique store/shop means a place offering items for sale prized for their rarity, style or historic period such as glassware, coins, architectural components, furniture, furnishings, clothing, antique toys, tools, or other items having collectible value.

Art studio means an establishment engaged in the sale or exhibit of art works such as paintings, sculpture, macrame, knitted goods, stitchery, or pottery. Art studios are also engaged in the creations of such art works and often offer instruction in their creation. The term "art studio" does not include nude modeling and other pornographic exhibits.

Assembly means, when used in describing an industrial operation, the fitting or joining of parts of a mechanism by means of fasteners, nuts and bolts, screws, glue, welding or other similar technique. The term "assembly" shall not include the construction, stamping or reshaping of any of the component parts.

Automobile service station means a place where kerosene, gasoline, or any other automobile engine fuel or lubricating oil or grease for operating motor vehicles is sold directly to the public on the premises and including facilities for greasing, oiling, washing, and minor vehicle repair, but not including automatic car washing, body repair facilities or storage of vehicles for scrap, spare parts, or repair. Contemporary service stations may specialize in a single service such as providing fast oil changes. Contemporary services may also be associated with another principal use such as a convenience food store. In such instance, the facility is to comply with both the service station and food store requirements of this chapter.

Auto body shop means an establishment where repairs and replacements are made to motor vehicle bodies. Such work typically involves welding and requires state approved paint booths. All such work shall be conducted entirely within an enclosed structure.

Auto repair means general repair and servicing of the mechanical parts of a motor vehicle. Service include, but are not limited to, oil changes, tune-ups, engine overhaul, brake work, and exhaust system work. All such work shall be conducted entirely within an enclosed structure.

A Zones means areas of potential flooding shown on the city's flood insurance rate map which would be inundated by the regional flood as defined herein. These zones may be numbered as A0, A1 to A99, or be unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

Baby sitting means the act of providing care and supervision for fewer than four children. This definition does not apply when the baby sitter is related to the child, or when more than four children in one household are related.

Basement means that portion of any structure which is below grade, or which is partly below and partly above grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.

Bed and breakfast establishment means any place of lodging that provides four or fewer rooms for rent for more than ten nights in a 12-month period; is the owner's personal residence; is occupied by the owner at the time of rental; and in which the only meal served to guests is breakfast.

Billboard means an off-premises sign with removable copy on which the copy is intended to be replaced with new copy after the termination of a specified rental period.

Bond. See Surety.

Buffer yard means an area of land which may contain sufficient area and width, landscape plantings, earth berms, fencing, walls, or other visual and/or sound barriers intended to eliminate or minimize land use conflicts between adjacent land uses.

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, or materials.

Building height means the vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of the roof.

Car wash means any facility used for the washing of vehicles requiring the installation of special equipment, or machinery and plumbing affixed to or separate from the structure.

Channel means those portions of the floodplain normally occupied by a stream, lake bed, or other body of water under average annual high-water flow conditions while confined within generally well established banks.

Child day care home means a dwelling incensed as a day care center by the state pursuant to Wis. Stats. § 48.65 where care is provided for not more than eight children.

Clothing stores means retail stores where clothing is sold, such as department stores, dry goods and shoe stores, and dress, hosiery, and millinery shops.

Co-location means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.

Commercial child care center means an establishment providing care and supervision for four or more persons under the age of seven and licensed by the state pursuant to Wis. Stats. § 48.65.

Commercial recreation facility means indoor and outdoor recreation facilities operated for profit. Such facilities include, but are not limited to, arcades, billiard parlors, bowling alleys, baseball and football fields, go kart tracks, golf courses, gymnasiums, handball courts, miniature golf courses, race tracks, racquetball courts, rifle and pistol ranges, roller skating rinks, and volley ball courts. Bars, taverns, dance halls, and theaters are not considered commercial recreation facilities.

Commercial wireless telecommunication services means licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Community-based residential facility (CBRF) means a place where five or more unrelated adults reside in which care, treatment, or services above the level of room and board, but not including nursing care, are provided in the facility. A community-based residential facility is subject to State-level licensing and operational limitations as set forth in Wis. Stats. ch. 50.

Community living arrangement means the following facilities licensed and operated, or permitted under the authority of the state statutes:

(1)

Child welfare agencies under Wis. Stats. § 48.60;

(2)

Group foster homes for children under Wis. Stats. § 48.02(7); and

(3)

Community-based residential facilities under Wis. Stats. § 50.01;

but does not include adult family homes, commercial child care centers, nursing homes, general hospitals, special hospitals, prisons, or jails. The establishment of community living arrangements is governed by Wis. Stats. §§ 46.03(22), 48.625, 59.69(15), and 62.23(7)(i).

Comprehensive plan means the comprehensive development plan for the city, dated April 1994, prepared by VandeWalle and Associates.

Conditional uses. See Use, conditional.

Condominium means a building, or group of buildings, in which units are owned individually, and the structure, common areas, and facilities are owned by all owners on a proportional, undivided basis. It is a legal form of ownership of real estate and not a specific building type or style.

Convention center means a building or portion thereof designated to accommodate 300 or more people in assembly. Convention centers may provide live entertainment, may serve alcohol beverages, and may provide full service or limited service restaurants when the owner or operator holds the appropriate licenses and permits. Speakers and other entertainment when offered in meeting rooms attendant to a conference or convention are not considered live entertainment as regulated elsewhere in this chapter.

Control measure means a practice or combination of practices to control erosion and attendant pollution.

Control plan means a written description of the number, locations, sizes, and other pertinent information of control measures designed to meet the requirements of the construction site erosion control provisions of this chapter submitted by the applicant for review and approval by the city.

Convenient cash and similar business means a business licensed pursuant to Wis. Stats. § 218.05 or 138.09 engaged in the payday loan business, title loan business, currency exchange business (also known as check cashing), or any other substantially similar business. Convenient cash businesses do not include financial institutions as defined below. For purposes of this chapter the following definitions apply:

Business includes an individual or individuals, firm, partnership, association, corporation, limited liability partnership, limited liability company or any other business entity.

Currency exchange business per Wis. Stats. § 218.05 means any business except banks incorporated under the laws of this state and national banks organized pursuant to the laws of the United States and any credit union operating under Wis. Stats. ch. 186, pursuant to a certificate of authority from the state commissioner of credit unions, engaged in the business of and providing facilities for cashing checks, drafts, money orders and all other evidences of money acceptable to such community currency exchange for a fee, service charge or other consideration. The term "currency exchange business" does not include any person engaged in the business of transporting for hire, bullion, currency, securities, negotiable or nonnegotiable documents, jewels or other property of great monetary value nor any person engaged in the business of selling tangible personal property at retail nor any person licensed to practice a profession or licensed to engage in any business in this state, who in the course of such business or profession and, as an incident thereto, cashes checks, drafts, money orders or other evidences of money.

Financial institution means any business authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan associations and credit unions. The term "financial institution" does not include a currency exchange, payday loan business or a title loan business.

Payday loan business means a business that provides unsecured loans with an initial term of 91 days or less in which the amount borrowed does not exceed $2,000.00 and is usually for a period from the time of the loan until the borrowers next payday for which the lender charges either fees or interest for the loan.

Title loan business means any business providing loans to individuals in exchange for receiving title to the borrower's motor vehicle as collateral.

Dance hall means a place of assembly, open to the public and operated for profit, where dances, parties, receptions and other gatherings are held. Dance halls may provide live entertainment, may serve alcohol beverages, and may serve catered meals provided the owner or operator holds the appropriate licenses and permits.

Day care center. See Commercial child care center.

Development means any man-made change to improved or unimproved real estate, including, but not limited to, construction of or addition or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or disposition of materials.

District, basic, means a part or parts of the city for which the regulations of this chapter governing the use and location of land and buildings are uniform, such as the residential, business, and manufacturing district classifications.

District, overlay, means a zoning designation that modifies the underlying basic use zoning district requirements in a specific manner.

Dormitory means a building used as group living quarters for a student body, religious order, or similar group of unrelated persons. Such a facility is generally an accessory to a college, university, boarding school, orphanage, convent, monastery, nursing home, or other similar institutional use. Group quarters may not have separate cooking, sleeping and sanitary facilities for each resident.

Drive-in restaurant means a free-standing establishment used for the sale, dispensing or serving of food, refreshments, or beverages in or on disposable plates and cups; including those establishments where customers may serve themselves and may eat and drink the food, refreshments, and beverages on or off the premises. Contemporary drive-in restaurants often offer drive-through service. For the purpose of this chapter, an eating establishment located in a shopping center with three or more attached business/retail establishments, which does not provide drive-through service and which may serve food, refreshments, or beverages in or on disposable plates and cups, is not considered to be a drive-in restaurant.

Dry land access means a vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land which is outside the floodplain, such as a road with its surface above the regional flood elevation and wide enough to accommodate wheeled vehicles.

Dwelling means a structure or portion thereof which is used exclusively for human habitation.

Dwelling, bi-level, means a two-level dwelling with one level above grade, and the other level partially below grade. The lower level may or may not have exterior access. For the purpose of measuring living area, the building inspector will determine functional areas as set forth in the definition of "living area" and the first floor area will be considered to be the first level that is entirely above grade.

Dwelling, manufactured, means a factory-built, single-family dwelling that meets the standards of the Wisconsin Uniform Dwelling Code, commonly referred to as the UDC. The term "manufactured dwelling" also is referred to as a "modular dwelling."

Dwelling, multiple-family, means a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

Dwelling, two-family, means a detached building on a single lot containing two separate dwelling (or living) units, designed for occupancy by not more than two families. A two-family dwelling may also be known as a "duplex."

Dwelling, tri-level, means a three-level dwelling with two levels above grade, and a third level partially below grade. The lowest level may or may not have exterior access.

Dwelling unit means one or more rooms designed, occupied or intended to be occupied as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for exclusive use of a single-family maintaining a household.

Earth station dish antenna. See Antenna, earth station dish.

Election campaign period means:

(1)

In the case of an election for office, the period beginning on the first day for circulation of nomination papers by candidates, or the first day that candidates would circulate papers were papers to be required, and ending the day of the election.

(2)

In the case of a referendum, the period beginning on the day on which the question to be voted upon is submitted to the electorate and ending on the day on which the referendum is held.

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

Erosion means the detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.

Essential services means services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.

Family means the body of persons related by blood, marriage or adoption, or not more than four unrelated persons who live together in one dwelling unit as a single housekeeping entity.

Federal Emergency Management Agency (FEMA) means the federal agency which administers the National Flood Insurance Program. This agency was formerly known as the Federal Insurance Administration (FIA) and was part of the U.S. Department of Housing and Urban Development (HUD).

Fence, decorative corner, means a fence near a property corner and limited to a single post not higher than 36 inches with one or two decorative rails attached to the post parallel to the lot line and not extending further than six feet from the post.

Fence, open, means a structure of rails, planks, stakes, strung wire, or similar material erected as an enclosure, barrier, or boundary. Open fences are those with more than 50 percent of their surface area open for free passage of light and air. Examples of such fences include barbed wire, chain link, picket, and rail fences.

Fence, security, means a fence intended to guard property against unauthorized entry, and to protect stored goods and products from theft and other unauthorized handling. Security fences usually exceed six feet in height, are often made of wrought iron or woven wire, and may incorporate additional security features such as barbed wire.

Fence, solid, means a structure of rails, planks, stakes, strung wire, or similar material erected as an enclosure, barrier, or boundary. Solid fences are those with 50 percent or less of their surface area open for free passage of light and air and designed to conceal from view the activities conducted behind them. Examples of such fences are stockade, board-on-board, board and batten, basket weave and louvered fences.

Flag means any fabric or bunting containing distinctive colors or patterns, and used as a symbol of a government, political subdivision, institution, or business.

Flea market means any premises where the principal use is the sale of new or used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, equipment or objects, in small quantities, in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser. Flea markets may be conducted within a structure or in the open air. Rummage sales and garage sales are not considered to be flea markets.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas caused by the overflow or rise of inland waters; the rapid accumulation or runoff of surface waters from any source; or the sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

Flood frequency means the probability of a flood occurrence. A flood frequency is generally determined from statistical analysis. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.

Flood insurance study means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mud slide or mud flow, and/or flood-related erosion hazards. Such studies shall result in the publication of a flood insurance rate map showing the intensity of flood hazards in either numbered or unnumbered A Zones.

Floodplain means that land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway, the floodfringe, and general floodplain areas. The floodplain is all lands contained in the regional flood or 100-year recurrence interval flood, and is divided into the Floodway Overlay District and the Floodplain Fringe Overlay District.

Floodplain island means a natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the occurrence of the regional flood.

Floodplain fringe means that portion of the floodplain, outside the floodway, that is subject to inundation by the 100-year recurrence interval flood. The floodplain fringe is included in the Floodplain Fringe Overlay District.

Floodproofing means any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities, and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.

Flood profile means a graph showing the relationship of the floodwater surface elevation of a flood event of a specified recurrence interval to the stream bed and other significant natural and man-made features along a stream.

Flood protection elevation means a point two feet above the surface elevation of the 100-year recurrence interval flood. This safety factor, also called "freeboard," is intended to compensate for the many unknown factors that contribute to flood heights greater than those computed. Such unknown factors may include ice jams, debris accumulation, wave action, and obstructions of bridge openings.

Flood stage means the elevation of the floodwater surface above the officially established datum plane, which is mean sea level, 1929 adjustment, on the zoning map.

Flood storage means those floodplain areas where storage of floodwaters has been taken into account in reducing the regional flood discharge.

Floodway means a designated portion of the 100-year floodplain that will safely convey the regulatory flood discharge with small, upstream and downstream increases, limited in the state to less than 0.01 foot unless special legal measures are provided. The floodway, which includes the channel, is that portion of the floodplain not suited for human habitation. All fill, structures, and other development that would impair floodwater conveyance by adversely increasing flood stages or velocities or would itself be subject to flood damage should be prohibited in the floodway.

Floor area means the sum of the gross horizontal area of all floors of a building except the basement or cellar, measured from the exterior faces of the exterior walls or, in the case of a common wall separating two buildings, from the centerline of such common wall. The term "floor area" shall not include porches, decks, or garages.

Footcandle means the illumination on a surface one square foot in area on which there is a uniformly distributed flux of one lumen. One footcandle equals one lumen per square foot. The standard for various light sources will be measured in footcandles.

Foster family home means the primary domicile of a foster parent which is for four or fewer foster children and which is licensed pursuant to Wis. Stats. § 48.62.

Freeboard means a flood protection elevation requirement designed as a safety factor which is usually expressed in terms of a certain amount of feet above a calculated flood level. Freeboard compensates for the effects of any factors that contribute to flood heights greater than those calculated. These factors include, but are not limited to, ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and aggradation of a river or stream bed.

Garage, private, means a structure primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the families resident upon the premises.

Garage, public or commercial, means any garage other than a private garage.

Garage sale. See Rummage sale.

Gift stores means retail stores where items such as art, antiques, jewelry, books and notions are sold.

Group assembly means a company of persons gathered together for any purpose for a period of two or more hours.

Group foster home means any facility operated by a person required to be licensed by the state pursuant to Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.

Group quarters. See Dormitory.

Habitable building means any building, or portion thereof, used for human habitation.

Hardware stores means retail stores where items such as plumbing, heating, and electrical supplies, sporting goods, and paints are sold.

Hearing notice means publication or posting meeting the requirements of Wis. Stats. ch. 985.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the secretary of interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a local inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs which have been certified either by an approved state program, as determined by the Secretary of Interior; or directly by the Secretary of Interior in states without approved programs.

Home industry means a home occupation that is carried out in a structure separate from the principal structure; or the manufacture or assembly of a product, often on a contract basis, in a residence; or an occupation of a more intense nature than is normally defined as a home occupation.

Home, manufactured, means a factory-built, single-family structure that meets the National Manufactured Home Construction and Safety Standards Act (42 USC 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code.

Home occupation means an occupation or profession for financial gain or profit which is carried on entirely within a dwelling unit located on a lot, exclusive of attached garage or patio area, by resident occupants of the dwelling unit and which occupation is clearly incidental to and accessory to the principal residential use of the premises.

Hotel means a facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities.

Housing for the elderly means a dwelling unit or units designed and constructed to be occupied by elderly persons. An elderly person is a person who is 62 years of age or older on the date such person intends to occupy the premises or a family, the head of which, or his spouse, is an elderly person as defined herein.

Human habitation means a human residence or dwelling.

Increases in regional flood height means a calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, determined by comparing existing conditions and proposed conditions and which is directly attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients, and discharge.

Junk or salvage yard means an area consisting of buildings, structures, or premises where junk waste and discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards and house wrecking and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.

Land developing activity means the construction of buildings, streets, parking lots, paved storage areas and similar facilities.

Land disturbing activity means any man-made change of the land surface including removing vegetation cover, excavating, filling and grading, but not including agricultural activities such as planting, growing, cultivating and harvesting of crops, growing and tending of gardens, harvesting of trees and landscape modifications.

Landowner means any person holding title to or having an interest in land.

Land user means any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.

Letter of map amendment (LOMA) means official notification from the Federal Emergency Management Agency stating that a flood hazard boundary map or flood insurance rate map has been amended. LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain, but is actually on natural high ground at or above the regional flood elevation (100-year recurrence interval flood elevation).

Letter of map revision-based on fill (LOMR-F) means official notification from the Federal Emergency Management Agency indicating that a structure or parcel has been elevated on fill to or above the regional flood elevation and is, therefore, excluded from being located in the floodplain as initially denoted in a municipality's flood hazard boundary map or flood insurance rate map.

Living area means the total area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways, and unfinished attics.

Loading area means a completely off-street space or berth on the same lot as the principal use it serves for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lot means a parcel of land on which a principal building and its accessory building are placed, together with the required open spaces, provided that no such parcel shall be bisected by a public street and should not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes should be included in the computation of lot size.

Lot, corner, means a lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.

Lot, double frontage, means a parcel of land, other than a corner lot, with frontage on more than one street or with frontage on a street and a navigable body of water.

Lot frontage, means the smallest dimension of a lot abutting a public street measured along the street right-of-way.

Lot, interior, means a lot with frontage on one street which is bounded by adjacent lots along each side and a lot behind fronting on a different street.

Lot, reverse frontage, means a through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts.

Lot width means the width of a parcel of land measured at the setback line.

Machine shops means shops where lathes, presses, grinders, shapers, and other wood and metal working machines are used such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing, heating, and electrical repair shops and overhaul shops.

Manufacturing means, when used in describing an industrial operation, the making or processing of a product with machinery.

Mobile home ormanufactured home means a structure transported in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "mobile home" or "manufactured home" does not include recreational vehicles or travel trailers which remain licensed and ready for highway use and remain on-site less than 180 days.

Motel means a series of attached, semi-attached, or detached sleeping units for the accommodation of transient guests.

Motor vehicle means vehicles, including, but not limited to, automobiles, trucks, vans, boat trailers, travel trailers, utility trailers, motorcycles, recreational vehicles, or ATVs.

Mutually compatible uses means uses of land which neither create an airport hazard to the safe operation of aircraft using an airport, nor are in such a location relative to an airport that inhabitants might be unduly endangered or otherwise adversely affected by the lawful operation of aircraft using the airport.

Navigable water means Lake Michigan, all natural inland lakes within the state, and all rivers, streams, ponds, sloughs, flowages, and other waters within the territorial limits of the state which are navigable under the laws of this state. Navigable bodies of water are all bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. For the purpose of this chapter, rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the state department of natural resources has made a determination that the waterway is not, in fact, navigable.

Nonconforming lot means a lot, the area, dimensions, or location of which was lawful prior to the adoption or amendment of this chapter, but which fails by reason of such adoption or amendment to conform to the present requirements of this chapter. Vacant nonconforming lots may also be referred to as substandard lots.

Nonconforming structure means a building or structure lawfully existing at the time of adoption of this chapter which houses a use which is permitted in the district, but does not comply with all the applicable area, height, yard, and/or parking requirements of the district in which it is located.

Nonconforming use means any use of land, or land and buildings in combination, lawfully existing at the time of adoption of this chapter, which does not comply with the use regulations for the district in which it is located.

Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the areola, or the showing of the human male genitals in a discernible turgid state even if completely or opaquely covered.

Nursing home means an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.

Obstruction to flow means any development which physically blocks the conveyance of floodwaters such that this development by itself or in connection with any future similar development will cause an increase in regional flood height.

Open space means land areas not occupied by buildings, structures, parking areas, streets, driveways, alleys, or other impervious surfaces.

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

Overlay district. See District, overlay.

Parking means the act of placing or leaving an automobile or other motor vehicle standing for a time on a street, driveway, in a garage, or in a parking lot. The placing or leaving of an automobile, motor vehicle, boat, trailer, or equipment on a street, driveway, parking lot, or in a garage for a long period (exceeding 24 hours) without moving would be termed "storage."

Parking lot means a structure or premises containing ten or more parking spaces open to the public. Such spaces may be for rent or a fee.

Parties in interest means and includes all abutting property owners, all property owners within 300 feet, and all property owners of opposite frontages.

Pennant/streamer means any lightweight plastic, fabric, or other material, with or without any representation or writing thereon, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Planned mixed use means a mixed-use development is a real estate project with planned integration of some combination of retail, office, residential, hotel, recreation or other functions excluding industrial. It is pedestrian-oriented and contains elements of a live-work-play environment. It maximizes space usage, has amenities and architectural expression and tends to mitigate traffic and sprawl.

Portable storage container means a temporary, portable, weather-resistant container or receptacle designed and used for the storage and/or shipment of items such as, but not limited to, usable goods, wares, building materials or merchandise. Temporary or as it relates to the above described shall mean a relatively short period of time as may be approved by the plan commission. This definition does not include waste or trash containers and semi-trailers.

Premises means a lot, parcel, tract or plot of land together with the buildings and structures thereon.

Principal use. See Use, principal.

Processing means, when used in describing an industrial operation, the series of continuous actions that changes one or more raw materials into a finished product. The process may be chemical as in the processing of photographic materials; it may be a special method such as processing butter or cheese; it may be a mechanical process such as packaging a base product.

Professional home offices means residences of clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, real estate agents, artists, teachers, authors, musicians, or persons in other recognized professions used to conduct their professions where the office use is incidental to the residential use of the premises.

Public utility means persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this chapter, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.

Reach means a longitudinal segment of a stream generally including those floodplains wherein flood stages are primarily and commonly controlled by the same man-made or natural obstructions to flow.

Reclaimed materials means materials obtained from a waste product or by-product.

Regional flood means the flood determined to be representative of large floods known to have generally occurred in the state and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once in every 100 years; this means that in any given year, there is a one percent chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage period, the regional flood has a 26 percent chance of occurrence.

Restaurant means an establishment where food and drink is prepared, served and consumed primarily within the principal structure. Serving food prepared in a microwave oven, radar oven, or toaster oven is not considered to be a restaurant for zoning purposes. See also Drive-in restaurant.

Rummage sale means the occasional sale of personal property at a residence conducted by one or more families in a neighborhood. Rummage sales do not exceed four consecutive days in length and are not conducted more often than three times per year. Rummage sales do not involve the resale of merchandise acquired for that purpose. Rummage sales are also known as "garage sales." "Flea markets," defined elsewhere in this section, are not rummage sales.

Seat means furniture upon which to sit having a linear measurement not less than 24 inches across the surface used for sitting.

Secondhand/thrift means a place offering previously used items for sale, such as clothing, appliances, furnishings or recreational equipment. These items would have useful value, but no collectible value. This does not include used motor vehicles, parts or accessories.

Setback. See Yard, street (setback).

Set of one-year design storms means the rain intensities and rain volumes or corresponding values specific to the city for the storm durations of 0.5, one, two, three, six, 12, and 24 hours that occur approximately once per year. The following are typical characteristics of these one-year storms in most of the state:

Sexual conduct means acts or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breasts.

Shopping center.

(1)

The term "shopping center" means a group of commercial establishments planned, constructed, and managed as a total entity with ample customer and employee parking provided on-site, with provision for goods delivery separated from customer access, and with aesthetic considerations and protection from the elements. See also Strip shopping area.

(2)

The term "shopping center' is further defined by size and service area and includes the term "neighborhood shopping centers" which occupy about five to ten acres and generally offer goods and services to meet the daily needs of customers; "community shopping centers" which occupy ten to 50 acres and generally include a junior department store or discount store, and a super market; and "regional shopping centers" which occupy 50 acres or more and generally feature a full-line department store and additional anchor stores.

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

Sign means any medium, including its structure and component parts, which is used or intended to be used to attract attention for advertising or identification purposes.

Sign, abandoned, means a nonconforming sign, or part thereof, which has not been used for the purpose of advertising a bona fide business, service, or product for a period of 60 days or more. A conforming sign, including a conforming sign located on a nonconforming building or lot, is considered abandoned if it has not been used for the purpose of advertising a bona fide business, service, or product for a period of one year or more. A structurally unsound sign, or part thereof, which has been left unrepaired for a period of 60 days or more after notification by the building inspector that such sign is in need of repair is also considered an abandoned sign.

Sign area means the area of the largest single face of the sign within a perimeter which forms the outside shape including any frame that forms an integral part of the display, but excluding the necessary supports or uprights on which the signs may be placed. If the sign is irregular shaped or consists of more than one section or module, the area shall be determined by the area of the smallest regular polygon that will encompass all elements of the sign. In the case of wall signs, the area shall be computed by the area of the smallest regular polygon that will encompass the sign copy.

Sign, awning, means a fireproof space frame structure with translucent flexible reinforced vinyl or cloth covering designed in awning form, but whose principal purpose and use is signage. Such signs may be internally illuminated by florescent or other light sources in fixtures approved under national and local electrical codes.

Sign, canopy. See Sign, awning.

Sign copy means the message or advertisement, and any other symbols, on the face of a sign.

Sign face means the area or display surface used for the message.

Sign, freestanding, means any sign which is supported by structures or supports in or upon the ground and independent from any building.

Sign, ground, means any sign placed upon or supported by the ground independent of any other structure.

Sign height means the overall height of a sign or sign structure as measured from the adjacent ground surface to the highest point of the sign or sign structure. In the case where a sign is to be located on a berm, the grade shall be determined by the average of the grades measured at the toes of the slope at the front and back of the berm.

Sign, illuminated, means any sign which has characters, letters, figures, designs, or outlines illuminated by electric lights or luminous tubes.

Sign maintenance means the replacing or repairing of a part or portion of a sign made unusable by ordinary wear, tear, or damage beyond the control of the owner or the reprinting of existing copy without changing the wording, composition, or color of the copy.

Sign, master identification, means the primary sign, which is part of a master sign program identifying multitenant commercial, office or mixed-use building or center as a whole.

Sign, monument, means a sign independent from any building that has a structural base of not less than 75 percent of the width of the sign face (example: a sign with a face eight feet wide would require a structural base of six feet or more in width).

Sign, off-premises, means a sign which is not appurtenant to the use of the property where the sign is located, or to a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as purveyor of the merchandise or services advertised upon the sign.

Sign, permanent, means any sign which is intended to be, and is so constructed as to be, of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear), and position, and in a permanent manner affixed to the ground, wall or building.

Sign, portable, means a sign that is not permanent, affixed to a building, structure, or to the ground. Such sign is sometimes mounted on wheels to make it transportable.

Sign, projecting, means a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.

Sign, real estate, means any temporary sign placed on a property which is for sale, rent or lease.

Sign, roof, means a sign that is mounted on the roof of a building and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.

Sign, temporary, means any sign constructed of cloth, canvas, wood, light fabric, cardboard, wall board, plastic, or other similar materials, with or without frames, and not permanently attached to the ground, wall or building, intended to be displayed for a short period of time.

Sign, vehicle, means any vehicle parked temporarily or otherwise on a public right-of-way or on private property so as to be seen from a public right-of-way, which has attached thereto or located thereon any sign or advertising devise for the basic purpose of providing advertisement of products or services or directing people to a business activity located on the same or nearby property. Excepted from this definition shall be public and private passenger transit vehicles and rummage sale signs attached to a private vehicle that is legally parked.

Sign, wall, means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than 12 inches from such building or structure. This definition included signs composed of individual letters or symbols.

Storage facility, self-service, means a structure containing separate, individual, and private storage spaces of varying sizes, leased or rented on individual leases for varying periods of time.

Street means a public right-of-way not less than 50 feet wide providing access to abutting properties.

Street, arterial, means a public street or highway used or intended to be used primarily for fast or heavy through traffic, whose function is to convey traffic between activity centers and municipalities. Arterial streets and highways include freeways and expressways, state trunk and county trunk highways, and other heavily traveled streets and parkways.

Street, collector, means a public street that conducts and distributes traffic between land access and arterial streets.

Street, land access, means a public street that is designed to carry traffic at a slow speed and provide frontage for access to private lots, and carries traffic having a destination or origin on the street itself.

Strip shopping area means a pattern of commercial development located along one or both sides of a street which is generally one lot in depth and is characterized by multiple and relatively closely spaced driveways, low open space and landscaping ratios, and high floor area ratios. See also Shopping center.

Structural alterations means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.

Structure means any erection or construction, such as buildings, prefabricated or pre-built buildings, towers, masts, poles, booms, signs, fences, machinery or equipment. Also, any man-made object with form, shape and utility, either permanently or temporarily attached to or placed upon the ground, river bed, stream bed, or lake bed such as campers and trailers that are not constructed on site.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or

(2)

Any alteration of a designated historical structure or site documented as deserving preservation by the state historical society or listed on the National Register of Historic Places provided the alteration will not preclude the structure's continued designation as an historical structure. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components. Substantial improvement begins when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

Surety, surety bond, or bond means and describes only an irrevocable letter of credit or a cash bond as approved by the city attorney.

Swimming pool means a receptacle for water, or an artificial pool of water, which has at any point a depth of more than two feet, whether above or below the ground, used or intended to be used by the owner thereof, or invitees, for bathing or swimming, and includes all structures, appurtenances, equipment, appliances, and other facilities appurtenant thereto.

Tavern means an establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold, but only as an accessory use. A tavern may also be called a "bar."

Terrestrial antenna. See Antenna, terrestrial.

Theater means a building or part of a building devoted to showing motion pictures, or for dramatic, musical, or live performances.

Tower means any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

Townhouses means a group of single-family dwellings, also called row houses, having an unpierced common wall between each adjacent section and the end units having side yards.

Transshipment depot means an establishment primarily engaged in undertaking the transportation of goods from shippers to receivers for a charge covering the entire transportation route, and in turn, making use of services of other transportation establishments as instruments in effective delivery.

Turning lane means an existing or proposed connecting roadway between two arterial streets or between an arterial street and any other street. Turning lanes include grade separated interchange ramps.

Unnecessary hardship means the circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with the restrictions governing dimensional standards (such as lot area, lot width, setbacks, yard requirements, or building height) unnecessarily burdensome or unreasonable in light of the purpose of this chapter. Unnecessary hardship is present only where, in the absence of a variance, no feasible use can be made of the property.

Use means the purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

Use, accessory, means a subordinate use on the same lot which is incidental and customary in connection with the principal use.

Use, conditional, means a use of a special nature as to make impractical their predetermination as a principal use in a district.

Use, principal, means the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use is specifically authorized as a use-by-right in a particular zoning district and may be operated after securing the necessary building permit or use approval.

Utilities means public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops, and storage yards.

Variance means an authorization granted by the zoning board of appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this chapter. A variance may not permit the use of a property that is otherwise prohibited by this chapter or allow floodplain construction that is not protected to the flood protection elevation.

Vision clearance triangle means a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Wetland means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

Window sign means any sign placed inside or upon a window facing the outside of a building and which is usually intended to be seen from the exterior of the building. Signs displayed on glass panels which are integral to doors visible from the exterior of the building will be considered to be window signs for purposes of this chapter.

Wisconsin Construction Site Best Management Practice Handbook means a book published by the Wisconsin Department of Natural Resources, Bureau of Water Resources Management, Nonpoint Source and Land Management Section, originally published in April 1989 and periodically updated. For the purposes of this chapter, the latest edition shall apply.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.

Yard, front. See Yard, street (setback).

Yard, rear, means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard is opposite the street yard or one of the street yards on a corner.

Yard, side, means a yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.

Yard, street (setback), means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the foundation of the principal structure. Double frontage lots have two such yards. Corner lots have one street yard and one side yard.

(Code 2004, § 17.1402; Ord. No. 2053, 2-4-2003; Ord. No. 2119, 11-16-2004; Ord. No. 2219, 9-16-2006; Ord. No. 2232, 11-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2283, 6-17-2008)

It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, codes, rules, regulations, or permits previously adopted or issued pursuant to laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Code 2004, § 17.0104)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other power granted by the state statutes.

(Code 2004, § 17.0105)

The degree of flood protection provided for by this chapter is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. On rare occasions, larger floods may occur or the flood height may be increased by man-made or natural causes such as ice jams or bridge openings restricted by debris. Therefore, this chapter does not imply that areas outside the delineated floodplains or uses permitted within the floodplains will be totally free from flooding and the associated flood damages. Nor shall this chapter create a liability on the part of, or a cause of action against, the city or any officer or employee thereof for any flood damages that may result from reliance on this chapter.

(Code 2004, § 17.0107)

The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the city.

(Code 2004, § 17.0201)

No structure, land, or water shall hereafter be used or developed, and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered except in conformity with the regulations herein specified for the district in which it is located.

(Code 2004, § 17.0202)

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

(Code 2004, § 17.0203)

The following use restrictions and regulations shall apply:

(1)

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

(2)

Accessory uses. Accessory uses and structures are permitted as specified in the district regulations 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 except home occupations and professional home offices as defined in this chapter.

(3)

Special uses. 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 44-1317.

(4)

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the city plan commission provided that such uses are similar in character to the principal uses permitted in the district.

(5)

Temporary uses. Temporary uses such as real estate sales or rental field offices, model homes, shelters for materials and equipment being used in the construction of a permanent structure, or onsite asphalt or concrete batch plants during construction may be permitted for a period of up to one year by the city plan commission. Temporary use permits may be renewed if the plan commission deems such renewal appropriate. Additional temporary uses may be permitted as conditional uses as provided in this chapter.

(Code 2004, § 17.0204)

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this city. The city building inspector, in applying the provisions of this section, shall in writing recite the particular facts upon which he bases his 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 the determination of unsuitability. In addition:

(1)

All lots shall abut upon a public street, and each lot shall have a minimum frontage at the road right-of-way of 30 feet.

(2)

All principal structures shall be located on a lot and only one principal structure shall be located, erected, or moved onto a lot in single-and two-family residential districts. The plan commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the plan commission may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures. Lot coverage involving impervious structure or surfacing, where permitted in the required yards in all districts, shall not exceed 50 percent of the gross required yard area. Exceptions may be permitted by the city plan commission where approved stormwater management systems provide adequate compensatory capacity for onsite infiltration, detention, storage, drainage, landscaping and/or related functions and aesthetics.

(3)

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.

(4)

Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The 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 street yards required in both districts.

(5)

A buffer yard shall be created and maintained around all business, manufacturing, and multifamily districts which abut single-and two-family residential districts. The plan commission may also require a buffer yard around business and industrial districts abutting park and institutional districts. Buffer yards shall be a minimum of 20 feet in width and shall screen business or manufacturing uses from adjoining lands in such a manner that:

a.

If the buffer yard is composed entirely of plant materials, it shall be of sufficient initial depth and height and of such varieties as to provide adequate visual screening within no more than two years and during all seasons of the year.

b.

Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence to create an attractive view from the residential side, and all walls and fences shall be maintained in a structurally sound and attractive condition. Any wall or fence shall be no less than four feet nor more than six feet in height.

c.

All landscaping shall be maintained by the owner or operator to the satisfaction of the plan commission.

d.

Where the land adjacent to the buffer yard is a parking lot, the buffer yard shall be sufficiently opaque to prevent the penetration of headlight glare. Overhead lighting installed in or adjacent to a buffer yard shall not throw any rays onto adjacent residential properties.

e.

No signs shall be permitted on or in any part of the buffer yard.

(Code 2004, § 17.0205)

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.

(Code 2004, § 17.0206)