Fitchburg City Zoning Code

(a)

This chapter applies to all lands located within the city and to such lands that may be added to the city subsequent to the effective date of this chapter.

(b)

Application of this chapter to lands newly added to the city by annexation shall be governed by applicable state law.

(c)

(This section will be reserved for use in the event the city decides to apply this chapter to extraterritorial areas.)

(Ord. No. 2010-O-09, § 22.04, 10-12-2010)

The city has adopted as though fully set forth in this chapter that certain document entitled "Growing Fitchburg 2030 City of Fitchburg Comprehensive Plan" dated March 10, 2020, and as amended. A copy of the adopted plan is available in the office of the city clerk.

(Ord. No. 2010-O-09, § 22.05, 10-12-2010; Ord. No. 2020-O-05, § 1, 3-10-2020)

(a)

The use of any land; the size, shape and placement of lots; the use, occupancy, size and location of structures and equipment and all other matters dealt with in this chapter shall comply with the terms of this chapter and other applicable regulations. It shall be unlawful for a use, structure or occupancy to occur in noncompliance with the terms of this chapter and other applicable regulations.

(b)

Any actions, decisions or interpretations under this article shall be consistent with the city comprehensive plan (as originally approve and as amended) adopted pursuant to Wis. Stats. § 66.1001.

(Ord. No. 2010-O-09, § 22.11, 10-12-2010)

(a)

Lots or parcels used or proposed to be placed in a use allowable under this chapter that are deficient in minimum lot area or minimum lot width may be allowable for such use if the parcel was of record with the register of deeds on the effective date of the ordinance from which this chapter is derived in its current size or shape and if the following conditions are met:

(1)

If one or more adjoining parcels are owned by the same party and if joinder of parcels or movement of parcel boundaries is determined to be feasible, the substandard parcel shall be required to be made more conforming by combination with the adjoining parcel or movement of parcel boundaries.

(2)

If the deficiency is lack of required frontage on a public street, an existing substandard parcel may nevertheless be approved if it has either 20 feet of frontage on a public street or (for residential parcels) effective and workable easement access to a public street.

(3)

An existing substandard parcel that is zoned residential may be allowed as a site for a residential dwelling structure not to exceed two units if it has 6,000 square feet of lot area and at least 60 feet of lot width at the building line along with an effective and workable easement access to a public street. If such a parcel is 6,000 square feet or more in area but less than standard dimensions, the area of such lot may not be reduced.

(b)

These allowances apply only to pre-existing substandard parcels and do not establish policy or precedent favoring the creation of new substandard lot configurations.

(Ord. No. 2010-O-09, § 22.13, 10-12-2010)

(a)

The lawful established and operational use of a structure or premises existing on the effective date of this chapter or the effective date of an amendment to this chapter may be continued although such use does not conform with the provisions of the chapter or the amendment, except as hereinafter specified.

(b)

Use nonconformity. The total structural repairs or alterations of a lawfully established nonconforming building, premises, structure or fixture shall not during its life exceed 50 percent of the assessed value of the building, premises, structure or fixture unless permanently changed to a conforming use.

(c)

Dimensional nonconformity. If a nonconforming use or the use (conforming or nonconforming) of a structure that is nonconforming as to dimensional requirements is discontinued for a period of 12 months, any future use of the building or premises shall conform to the chapter.

(d)

A building or structure that is nonconforming as to dimensional standards may be repaired, altered or expanded provided that such work does not increase the dimensional nonconformity of the building or structure.

(Ord. No. 2010-O-09, § 22.14, 10-12-2010)

(a)

Heights for institutional facilities such as, but not limited to government structures, churches, utility structures, and schools, may exceed the height of the district in which it is located, but not otherwise provided for, as long as such height is approved by the plan commission on a conditional use basis. In addition to the standards and conditions identified in section 22-640, the plan commission may also place conditions relative to the structure's use or occupancy above the maximum height of the district in which the structure is located.

(b)

Setbacks for an underground basement parking structure in a business or industrial district may be reduced to be within two feet from the property line on a conditional use basis, provided that any part of the garage that is exposed above grade shall meet the required district setbacks and any aboveground buildings meet the required district setbacks.

(c)

Roof overhangs of up to two feet shall not be subject to the setback requirements.

(d)

Community gardens shall be allowed in all zoning districts subject to the following:

(1)

Gardens shall be limited to the cultivation of fruits, vegetables, herbs, plants and flowers.

(2)

Gardens shall be run by a nonprofit entity, community group, or neighborhood group acting as a garden coordinator. The garden shall be served by a water supply sufficient to support the cultivation practices on the site. A small storage shed, 100 square feet or less, shall be permitted, but it shall meet the front setback for the respective district, shall be at least four feet from a side or rear lot line and shall not be greater than 15 feet in height.

(3)

Greenhouses and/or hoophouses associated with a community garden require a conditional use permit (except within the R-D Rural Development and A-X/A-T Agricultural Districts where they are permitted) and those structures shall follow the dimensional standards of the zoning district.

(e)

Wind turbines. Wind turbines may be erected and maintained in any zoning district subject to the following standards:

(1)

No turbine shall be permitted within an environmental corridor or wetland, and any turbine in the A-X zoning district shall be subject to article V, section 22-482(4)(b) herein.

(2)

A wind turbine of 35 feet of total height or less shall be a permitted use in any district, except for the park and recreation zoning district.

(3)

Any wind turbine in the park and recreation district shall require a conditional use permit.

(4)

A wind turbine over 35 feet in height may be considered for conditional use application only if it is proposed to be on a lot that is one acre or larger in size.

(5)

Wind turbines that are over 60 feet in height and that meet all technical standards of this chapter may, nevertheless, be rejected for conditional use approval by the plan commission upon a finding that the height is wholly out of proportion with prevailing heights of structures and objects within the neighborhood and would consequently be seriously disruptive of neighborhood aesthetic character or fails to meet any of the criteria set forth in section 22-640(c).

(6)

Setbacks shall be pursuant to Public Service Commission (PSC) regulations enacted pursuant to Wis. Stats. § 196.378.

(7)

Standards for conditional use review.

a.

Plan commission staff shall identify all applicable federal or state construction codes.

b.

All applicable utility regulations shall be satisfied as to interconnection and operation of interconnected systems.

c.

The proposed installation shall be controlled by fences or other anticlimbing devices.

d.

Conditions shall be placed requiring removal when use of wind tower has ceased.

(8)

Application requirements. Applications for conditional use approval shall include or be accompanied by a plot plan.

(9)

Soil test data may be required by the plan commission staff if such data is necessary to judge the adequacy of design.

(f)

The minimum open space requirements within the business and industrial zoning districts shall only apply to lands platted or zoned after October 12, 2010.

(Ord. No. 2010-O-09, § 22.15, 10-12-2010; Ord. No. 2011-O-05, § 1, 4-26-2011; Ord. No. 2015-O-01, § 1, 2-24-2015)

This chapter identifies zoning districts containing use identifications and dimensional-intensity standards. Lands placed in one of these districts shall be eligible for development according to the rules for that district. The location and boundaries of the zoning districts are hereby established as shown on the map entitled "Zoning District Maps of the City of Fitchburg," together with all information shown thereon and all amendments thereto shall be as much a part of this article as if fully set forth and described herein.

(Ord. No. 2010-O-09, § 22.20, 10-12-2010)

(a)

Purpose. The purpose and intent of this Section shall be to encourage the efficient and effective development and use of solar energy collection systems while protecting the public health, safety and general welfare of the community's citizens.

(b)

All solar energy collection systems shall require a building permit.

(c)

Solar energy collection systems, ground mounted (accessory use) shall comply with the requirements for accessory structures. The area under ground-mounted solar energy systems is exempt from lot coverage and impervious surface requirements if it contains vegetative ground cover.

(1)

Permitted by right in all zoning districts.

(2)

Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way to the extent that doing so does not affect the cost or efficacy of the system, consistent with WI Statute §66.0401.

(d)

Solar energy collection systems, building & roof mounted (accessory use) shall comply with the height limits and setbacks for principal structures when affixed to a principal structure. When affixed to an accessory structure, it shall comply with the height limits and setbacks for accessory structures. Height limits may be exceeded by up to 12 inches on a pitched/slope roof and up to ten feet on a flat roof to accommodate solar energy collection systems.

(1)

Permitted by right in all zoning districts.

(2)

Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way to the extent that doing so does not affect the cost or efficacy of the system, consistent with WI Statute §66.0401.

(e)

Solar energy collection system, ground mounted (principal use - solar farm):

(1)

Permits. A conditional use permit per section 22-640 and architectural design review per chapter 25 shall be required for approval by the plan commission prior to issuance of a building permit for all zoning districts.

(2)

Foundations. A certified professional engineer shall certify that the foundation and design on the solar panels are within the accepted professional standards given local soil, topography and climate conditions.

(3)

Power and communication lines. Power and communication lines running between banks of solar panels and to electric substations or interconnection with buildings shall be buried underground.

(4)

Grading. Grading, earth moving and leveling to create a suitable site for a solar energy collection system shall be limited to the greatest extent possible.

(5)

Stormwater management & erosion control. Solar farms are subject to all City of Fitchburg stormwater management and erosion control provision requirements. The area under ground-mounted solar energy systems is exempt from lot coverage and impervious surface requirements if it contains vegetative ground cover.

(6)

Maximum height. System, equipment and structures shall not exceed 25 feet in height when ground mounted at maximum tilt.

(7)

Setbacks. Ground mounted solar collection systems shall have a minimum setback for all equipment, excluding fences, equal to a principal structure in the zoning district, subject to modification as approved by the plan commission as part of the conditional use permit and architectural design review.

(8)

Ground cover. Soils shall be planted and maintained for the duration of operation in perennial vegetation to prevent erosion, manage runoff and improve soil. Vegetation under ground-mounted solar energy collection systems should consist of native pollinator- or grazing-friendly vegetation. Seed mixes and a long-term vegetation management plan shall be prepared by a qualified professional or agency, such as the Wisconsin Department of Natural Resources, County Soil and Water Conservation District, Land and Water Conservation Department or Natural Resource Conservation Service, and approved by the Plan Commission.

(9)

Perimeter landscaping and screening. Solar farms shall be appropriately screened from the public right-of-way and existing residential dwelling with a mix of native trees, shrubs and evergreens.

(10)

Fencing and security. Solar energy collection systems, equipment and structures shall be fully enclosed and secured by a fence or wall. Applicants shall coordinate with the Fitchburg Fire Department to provide emergency personnel access.

(11)

Noise. Sound levels from Solar storage units (battery energy storage system BESS) shall not exceed 65 dB at any property line.

(12)

Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include the following:

a.

Defined conditions upon which decommissioning will be initiated;

b.

Provisions for removal of all structures and foundations;

c.

Restoration of soils and vegetation to the condition prior to development of the solar energy collection system, or to some other condition reasonably appropriate for the permitted land use.

d.

Timeframe for completion of decommissioning activities, not to exceed 12 months;

e.

Description and copy of any lease or any other agreement with landowner regarding decommissioning;

f.

Name and address of person or party responsible for decommissioning;

g.

A plan ensuring financial resources will be available to fully decommission the site. The zoning administrator may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning; and

h.

Plans and schedule for updating this decommissioning plan.

(f)

Historic structures and sites. Solar energy collection systems located on locally designated historic buildings or sites must receive approval of a Certificate of Appropriateness by the landmarks commission, consistent with the standards for solar energy systems on historically designed buildings published by the U.S. Department of Interior.

(g)

Any conditions or restrictions placed on the solar energy collection system shall be limited to those that serve to preserve or protect the public health and safety, or do not significantly increase the cost, or decrease the efficiency of the system. Conditions or restrictions that call for an alternative system of comparable cost and efficiency may also be imposed.

(Ord. No. 2025-O-17, § 1(Exh. A), 9-9-2025)