(a)

Traffic visibility. No obstructions, such as structures, paring or vegetation, shall be permitted in any district between the heights of 2.5 feet and ten feet above the plane through the mean curb grades within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of 15 feet from their intersection. In case of collector streets intersecting with other collector streets or railways, the corner cut-off distances establishing the triangular vision clearance space shall be increased to 50 feet.

(b)

Exception. This section shall not apply to essential services installed and maintained under regulation of the Wisconsin Administrative Code.

(c)

Loading requirements . In all districts adequate loading areas shall be provided so that all vehicles loading, maneuvering, or unloading are completely off the public ways and so that all vehicles need not back onto any public way.

(1)

Size and location of each loading space shall be not less than 12 feet in width, 35 feet in length, and have a minimum vertical clearance of 14 feet, and may occupy all or any part of any required yard.

(2)

Required number of off-street loading spaces:

(d)

Parking requirements. In all districts except B-1 and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended or increased, off-street parking stalls for all vehicles in accordance with the following:

(1)

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

(2)

Size of each parking area shall be not less than 180 square feet exclusive of the space required for ingress and egress.

(3)

Location to be on the same lot as the principal use or not over 400 feet from the principal use. No parking stall or driveway except in residential districts shall be closer than 25 feet to a residential district lot line or to a street line opposite a residential district.

(4)

Surfacing: All off-street parking areas shall be graded and surfaced so as to be dust free and properly drained.

(5)

Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.

(6)

Curbs and barriers shall be installed so as to prevent the parked vehicles from extending over any lot lines.

(7)

Number of parking stalls required are shown in the following table:

(8)

Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply.

(9)

Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use.

(e)

Driveways. All driveways installed, altered, changed, replaced or extended after the effective date of the ordinance from which this article is derived shall meet the following requirements:

(1)

Islands between driveway openings shall be provided with a minimum of 12 feet between all driveways and six feet at all lot lines.

(2)

Openings for vehicular ingress and egress shall not exceed 35 feet at the street right-of-way line and shall not be less than 35 feet at the roadway pavement, except residential openings which shall not exceed 18 feet at the right-of-way line and shall not be less than 12 feet at the roadway pavement. Not more than one-half the frontage shall be occupied by the openings.

(3)

Except in B-1 zones, vehicular entrances and exits to drive-in theaters, banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall be not less than 200 feet from any pedestrian entrance or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter, or other place of public assembly.

(Code 2006, § 8.3.5)

(a)

Height.

(1)

Communication structures, such as radio and television transmission and relay towers, aerials, and observation towers, shall not exceed in height three times their distance from the nearest lot line.

(2)

Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.

(3)

Public or semi-public facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the districts maximum height requirement.

(b)

Yards. The yard requirements stipulated elsewhere in this article may be modified as follows: Uncovered stairs, landings, and fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line. Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard but such projection shall not exceed two feet.

(1)

Residential fences. Residential fences are permitted on the property lines in residential districts but shall not in any case exceed a height of seven feet, shall not exceed height of four feet in the street yard and shall not be closer than two feet to any public right-of-way. Corner lots, see section 113-138.

(2)

Security fences. Security fences are permitted on the property lines in all districts except residential districts but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(3)

Approved fence materials. All fences shall meet the following material requirements:

a.

Fences to be situated in side and/or rear yards shall be constructed using materials suitable for residential-style fencing, including, but not limited to, brick, fieldstone, wrought iron, vinyl, chain link (with a minimum thickness of nine gauge and a required top rail support), stockade or board-on-board wood.

b.

No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, oars, junk, or other similar items. Materials not specifically manufactured for fencing, such as railroad ties, wooden doors, landscape timbers or utility poles shall not be used for, or in the construction of a fence.

c.

Agricultural/farm fences shall only be permitted in agriculturally zoned or used districts and shall not exceed six feet in height.

d.

Residential front yard fences shall be 50 percent open (see-through) and be of split rail, wrought iron or picket design. Four feet high chainlink fencing is not permitted in residential front yards.

(4)

Swimming pool fences.

a.

Swimming pool. A private or residential swimming pool is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1.5 feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.

b.

Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and which are so constructed that they may be readily disassembled for storage and reassembled to their original integrity are exempt from the provisions of this section.

c.

Proper enclosure required. Every swimming pool and wading pool which extends wholly above the ground or partially above the ground shall, at all times, be enclosed so as to prevent children and animals from accidentally falling into such pool.

1.

Pool wall may serve as barrier. An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical enclosing wall of the pool. Such walls shall extend more than three feet above the level of the ground immediately adjacent to the pool. Such solid pool wall barrier shall not be located within six feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.

2.

Fence or other wall may serve as barrier. An approved barrier shall consist of a properly erected and maintained wall or fence at least 50 inches in height which entirely surrounds the pool. Every such fence shall be located not less than six feet from the vertical, water enclosing wall of the pool. All gates in such walls or fences shall be self-closing and self-latching, and shall be at least 50 inches in height with latches placed at least 50 inches above the ground level, or such gate latch shall be made inaccessible to small children in some other approved manner.

d.

Compliance. All swimming pools existing at the time of passage of the ordinance from which this article is derived not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool.

e.

Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the city.

f.

Filter system required. All private swimming pools within the meaning of this article must have, in connection therewith, some filtration system to ensure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

g.

Dirt bottom prohibited. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.

h.

Setbacks and other requirements. Private swimming pools shall be erected or constructed on rear yards only and only on a lot occupied by a principal building. No swimming pool shall be constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal structure. No swimming pool shall be located, constructed or maintained closer to any side or rear yard than is permitted in the zoning code for an accessory building, and in no case shall the water line of any pool be less than six feet from any lot line.

(5)

Prohibited fences. No person shall install:

a.

An electric or razor wire fence.

b.

Any wire or chain-link-type fence with the cut or salvage end of the fence exposed at the top.

c.

A fence which creates a hazard to users of the street, sidewalk or to nearby property.

d.

A fence composed solely of fence posts.

e.

An incomplete fence, consisting only of posts and supporting members.

(6)

Barbed wire fences restricted. No person shall construct, use or maintain any barbed wire fence on residential zoned property.

a.

Barbed wire fences may be installed in agricultural districts under circumstances whereby no more than three strands of barbed wire are horizontally situated above a fence of boards or woven wire not less than 72 inches in height, excluding the barbed wire.

b.

Barbed wire may be used on top of a six-foot fence surrounding a public utility, public use, or on a site storage area as approved under a conditional use permit or site plan review. Notwithstanding the above, barbed wire shall not be used along a property line abutting a residentially zoned area.

(7)

Fences permitted without a permit. The following types of fences are permitted, as specified, without a permit, subject to the following restrictions and providing that said fence does not in any way interfere with traffic visibility, or block, redirect or cause a drainage problem for the adjacent or downstream properties:

a.

Snow fencing shall be permitted in all districts not exceeding four feet in height, provided it is removed between May 1 and November 1 of each year. No snow fence may be installed without prior approval of the city.

b.

Agricultural/farm fences are limited to agriculturally zoned or used districts.

c.

Decorative fences not exceeding two feet in height shall be permitted in all districts. Such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.

d.

Underground electrical fences are permitted in all districts.

e.

Arbors and/or trellises shall not be used as a fence.

f.

Temporary fences intended to restrict public access to a construction site. Said temporary fences shall be removed upon substantial completion of exterior construction and site restoration.

(8)

Permit fee. A permit fee in the amount established by the city shall be remitted upon submittal of the fence application. If any fence is installed, in full or part, prior to the issuance of a permit, five times fees shall be charged for the permit.

(9)

Accessory uses/structures. Accessory uses and detached accessory structures are permitted in the rear yard only; they shall not be closer than ten feet to the principal structure, shall not exceed 15 feet in height, shall not occupy more than 20 percent of the rear yard area, and shall not be closer than five feet to any lot line nor three feet to an alley line. Off-street parking is permitted in all yards of the B-1 and B-2 business districts but shall not be closer than five feet to any public right-of-way. Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this article.

(10)

Exemption. Landscaping and vegetation are exempt from the yard requirements of this article except as governed by section 113-71.

(c)

Additions. Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.

(d)

Average street yards . The required street yards may be decreased in any residential or business district to the average of the existing street yards of the abutting structures on each side but in no case less than 15 feet in any residential district and five feet in any business district.

(e)

Noise. Sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this article.

(f)

Screening regulations . Any use required by this article to be screened in accordance with this section shall be contained within an opaque fence or wall eight feet high, or a visual screen consisting of evergreen, or evergreen-type hedges or shrubs, spaced at intervals of not more than six feet, located and maintained in good condition within 15 feet of the property line, or in any way out of view of the public.

(g)

Building foundations. Buildings on lake or stream lots, except a boathouse not used or intended to be used for human habitation, shall be erected or structurally altered so that the bottom of its foundation is not below the high water mark of any adjacent lake or stream unless floodproofed construction.

(h)

Land removal. Removal of lands from the floodplain district shall be permitted only when such lands are filled to a height of at least two feet above the elevation of the "regional flood" for the particular area and are contiguous to other lands lying outside the floodplain district.

(Code 2006, § 8.3.6; Ord. No. 450, § 1, 4-13-2000; Ord. No. 478, § I, 7-12-2006)

Types of signs permitted in various zoning districts:

(Code 2006, § 8.3.7(A))

(a)

Type 1. Direction signs advertising a business or activity conducted, an area of interest, or a service available, at a specific location. Such signs shall not be more than 40 square feet in gross area. There shall be not more than two such signs relating to any one such use in the approaching direction along any one highway. No such sign shall be more than ten miles away from the location to which it relates. Such signs may be placed at the right-of-way line of the highway. A larger number of signs may be permitted by the board of appeals if the board shall find it necessary for directing the traveling public. A permit is required.

(b)

Type 2. Signs advertising a customary home occupation or professional office. Such signs shall not exceed one square foot or two square feet if attached to a home, in gross area, and if illuminated shall be indirectly lighted. No permit is required.

(c)

Type 3. Signs advertising the sale, rent or lease of the property on which the sign is placed. Such sign shall not exceed eight square feet in gross area and may be placed at the right-of-way line of the highway. No permit is required.

(d)

Type 4. Signs advertising a general brand or product; an area of interest; a business conducted; or a service available. Such signs shall not be more than 300 square feet in gross area and erected outside a line parallel to and 60 feet from the highway right-of-way line. Permit is required.

(e)

Type 5. Signs attached to commercial and industrial buildings advertising a business conducted or a service available subject to the following regulations. The maximum size of a sign for front, side and rear walls is 15 feet high.

(f)

Type 6 . On-premises sign advertising a public or semi-public use. Such signs shall not exceed 40 square feet in gross area. There shall be no more than one sign for each highway upon which the property faces. Such signs may be placed at the right-of-way line of the highway. Permit is required.

(g)

Type 7. Recreational directory signs indicating the direction to a cottage, resort, residence or similar use. Such signs shall not be more than four square feet in gross area. Where common posting standard is provided all such signs shall be attached to the standard. Recreational directory signs may be placed at the right-of-way line of the highway. Permit is required.

(Code 2006, § 8.3.7(B))

(a)

No sign shall be so placed as to interfere with the visibility or effectiveness of any official traffic sign or signal, or with driver vision at any access point or intersection.

(b)

No sign shall contain, include or be illuminated by flashing light.

(c)

No sign shall contain, include or be composed of any conspicuous animated part.

(Code 2006, § 8.3.7(C))

Any sign which becomes a nonconforming sign at the effective date of the ordinance from which this article is derived or which becomes a nonconforming sign at any future date may be continued, provided that no increase in size, illumination or flashing of such sign shall be made, and further provided the following: any sign, including structures and all supporting members, shall be discontinued and removed not more than five years after the date that such sign becomes a nonconforming sign, unless such nonconforming sign shall be made to conform to all of the regulations of the district in which it is located.

(Code 2006, § 8.3.7(D))

A sign may overhang the public right-of-way, but no street pavement, up to two-thirds the width of the sidewalk. In any event a sign shall not extend more than six feet beyond the building. Any projecting sign shall be at least 12 feet above ground level.

(Code 2006, § 8.3.7(E))

Except as otherwise herein provided, no person shall erect any sign without first obtaining a permit therefor from the building inspector.

(1)

Application for permit. Application for the permit shall be made in writing, in duplicate, upon forms prescribed and provided by the building inspector, to the building inspector, and shall contain the following information:

a.

Name, address and telephone number of applicant.

b.

Location of building, structure, or land to which or upon which the sign is to be erected.

c.

A sketch, drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; position of lighting or other extraneous devices; a location plan showing the position of the sign on any building or land, and its position in relation to nearby buildings or structures and to any private or public street or highway.

d.

Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event the applicant is not the owner thereof.

e.

A copy of any required necessary electrical permit issued for said sign or a copy of the application therefor.

A fee as established by the city will be required for each permit.

(2)

Issuance of permit . It shall be the duty of the building inspector, upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted to him with the application, and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this local law and other laws and ordinances of the city, he shall then, within ten days, issue a permit for the erection of the proposed sign. If the sign authorized under any such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed, within 30 days from the expiration thereof. Every sign shall bear the permit number and name of the permit holder and/or the owner of the land upon which the sign is erected, prominently and permanently affixed on the face thereof. Failure to so affix the permit number and necessary names shall constitute cause for revocation of the permit by the building inspector in addition to any other penalties or remedies provided in this local law.

(3)

Revocation of permit. No sign, whether new or existing, shall hereafter be erected or altered, except in conformity with the provisions of the local law. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly painted and free from all hazards such as, but not limited to, faulty wiring, loose fastenings, and must be maintained at all times in such a safe condition so as not to be detrimental to the public health or safety. In the event of a violation of any of the foregoing provisions, the building inspector shall give written or personal notice, specifying the violation, to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within 30 days from the date of said notice. In the event such sign shall not be so conformed within 30 days, the building inspector shall thereupon revoke the permit, and such sign shall be removed by the named owner of the sign and/or the named owner of the land.

(Code 2006, § 8.3.7(F))

This division permits specific uses in specific districts; and these performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or district. No structure, land or water shall hereafter be used except in compliance with their district regulations and with the following performance standards.

(Code 2006, § 8.3.9(A))

The volume of sound inherently and recurrently generated shall not exceed the following standards at any point along the boundaries of the zone in which the use is located:

(1)

Objectionable sounds of an intermittent mature shall be controlled so as not to become a nuisance to adjacent uses.

(2)

Maximum sound pressure levels shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association and shall not exceed the values for octave bands lying within the several frequency limits given in the following table after the application of appropriate corrections:

Type of operator or noise - Correction in decibels.

Daytime operation only: plus 5.

Noise of impulsive character (e.g. hammering): minus 5.

Noise of periodic character (e.g. hum, screech): minus 5.

Type of operation or noise - Correction in decibels.

Daytime operation only: plus 5.

Noise of impulsive character (e.g. hammering): minus 5.

Noise of periodic character (e.g. hum, screech): minus 5.

(Code 2006, § 8.3.9(B))

An operation which creates vibrations that can be measured without instruments, e.g. heavy drop forges, heavy hydraulic surges, shall be set back:

(1)

In I-1 and both B zones a distance of lot less than 500 feet from all lot lines except where a lot line abuts an I-2 zone in which case no set-back is required.

(2)

In an I-2 zone a distance of not less than 500 feet from the zone boundaries.

(Code 2006, § 8.3.9(C))

No operation shall be permitted which causes radioactivity in violation of title 10, chapter 1, part 20, Code of Federal Regulations, "Standards for Protection Against Radiation", dated June 16, 1957, or any subsequent revisions or amendments.

(Code 2006, § 8.3.9(D))

(a)

In I-1, A and both B zones, no emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.

(b)

In an I-2 zone, no emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along zone boundaries without use of instruments and in such quantity as to produce a public nuisance or hazard beyond lot lines shall be permitted.

(Code 2006, § 8.3.9(E))

No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business, shall be permitted.

(Code 2006, § 8.3.9(F))

No direct or reflected glare from any I zone shall be detectable from any R zone boundary.

(Code 2006, § 8.3.9(G))

No direct or reflected heat from any I zone shall be detectable from any R or B zone boundaries.

(Code 2006, § 8.3.9(H))

No solid or liquid particles shall be emitted on concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air.

(Code 2006, § 8.3.9(I))

No emissions of fly ash in excess of the quantity specified in the following table shall be permitted:

For heat content between any two consecutive heat contents given in the table the fly ash limitation shall be as determined by interpolation.

(Code 2006, § 8.3.9(J))

No emission of smoke from any source, as measured on the Ringelmann Chart published by the United States Bureau of Mines, shall be permitted in excess of:

(1)

In I-1 and both B zones a density described as Ringelmann No. 2, provided that a density equal to Ringelmann No. 3 may be emitted for not more than 3 minutes in any 15 consecutive minutes.

(2)

In an I-2 zone a density described as Ringelmann No. 3.

(Code 2006, § 8.3.9(K))