Not more than one building for residential use will be located on a lot in the single- and two-family districts.

(Code 1972, § 17.14; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Accessory uses will be compatible with the principal use and will not be established prior to the establishment of the principal use.

(b)

No detached accessory building will be located within:

(1)

The required front yard setback; or

(2)

Five feet of any property line.

(c)

On a corner lot, no accessory building will encroach into the side yard setback area adjacent to the street.

(d)

No accessory building will exceed 22 feet in height in residential districts. For commercial and industrial districts, the height cannot exceed the maximum height designation for the principal structure.

(Code 1972, § 17.16; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Permit. The council, upon recommendation of the plan commission, may direct the zoning administrator to issue a conditional use permit as designated in each zoning classification.

(b)

Hearing. A public hearing on each application requiring a conditional use permit will be held before the plan commission, and notice of such hearing will be published as a class 1 notice under Wis. Stats. Ch. 985; and, in addition, written notice will be given to the neighboring property owners. Failure to give such notice will not invalidate a conditional use permit. There will be a conditional use hearing fee as established by the City Council (for government entities or government projects or tax-exempt entities in the public interest the fee is waived).

(c)

Standards. No conditional use will be granted by the council or recommended by the plan commission unless the use:

(1)

Addresses expected harmful project impacts.

(2)

Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.

(3)

Will not cause substantial injury to the value of other property in the neighborhood in which it is located.

(d)

Conditions. The council may prescribe conditions upon the grant of a conditional use permit as will be necessary to meet the standards prescribed in subsection (c) of this section, including landscaping, type of construction, planting screens, operational control, approved fences, lighting, hours of operation, improved traffic circulation, increased yards, loading and unloading, off-street parking, buffer strips, traffic visibility, and other performance standards.

(e)

Termination of conditional use. The grant of a conditional use permit does not entitle the grantee to continue such use, and such conditional use may be terminated upon a determination by the council that the person holding the conditional use permit has failed to comply with the terms of the permit. A conditional use permit may be terminated only after written notice is given to the person holding the permit, a hearing is held and a recommendation has been made by the plan commission.

(Code 1972, § 17.15; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The lawful use of a building, structure or property which existed at the time the ordinance from which this chapter is derived or applicable amendments to this chapter took effect and is not in conformity with the provisions of this chapter, including routine maintenance of such a building, structure or use, may be continued, subject to the following conditions:

(1)

If any structure or use nonconforming to this chapter is discontinued for 24 consecutive months, any further use of the structure or premises will conform to this chapter, with the exception of those structures or properties in probate, foreclosure or other form of litigation or on the market.

(2)

If the nonconforming use of a temporary structure is discontinued, such nonconforming use may not be recommenced.

(3)

As long as no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of the same or a more restrictive classification. There will be no structural alterations, additions or major repairs made to a nonconforming structure until a zoning permit has been issued.

(4)

If any structure nonconforming to this chapter is totally destroyed or damaged by any means, restoration may be made in the same location, provided there is no further encroachment into the setback that made the structure nonconforming. If the nonconforming structure is moved or altered by the property owner the restoration can be placed in the approximate same location as long as the restoration is bringing the nonconformity into substantial compliance with the City Code.

(5)

A nonconforming structure may be expanded, provided the expansion is constructed to meet all other minimum requirements of this chapter.

(6)

Where an expansion of a nonconforming structure is proposed which may encroach into the minimum setback, the granting of a variance by the zoning board of appeals will be required. As long as the expansion of the nonconforming structure proposed is not resulting in an expansion of the encroachment, then the expansion may proceed.

(7)

If the additions, alterations or repair of a building or structure with a nonconforming use or a nonconforming building or structure is prohibited, the property owner may still make the proposed alterations, additions or repairs if:

a.

A nonconforming use or structure is permanently changed to a conforming use.

b.

The property owner appeals the determination of the zoning administrator under Wis. Stats. § 62.23(7) to the zoning board of appeals or to the circuit court and the zoning board of appeals or the circuit court finds in the property owner's favor.

c.

The property owner successfully petitions to have the property rezoned and/or by amendment to this chapter in accordance with Wis. Stats. § 62.23(7).

(Code 1972, § 17.22; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)