- IN GENERAL
A chapter to promote the public health, safety and general welfare, pursuant to the provisions of Wis. Stats. §§ 59.69, 59.694, 60.61, 60.62, and 61.35 and for such purpose to divide the Town of Campbell, Wisconsin, into districts of such number, shape and area as are deemed best suited to carry out the purposes: to provide a method for its administration and enforcement and to provide penalties for its violation.
(Code 1988, § 17.01; Ord. of 1-27-2013)
(a)
The provisions of this chapter shall be held to be minimum requirements adopted to promote the public health, safety and general welfare of the town.
(b)
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easement, covenant of agreement between parties or with any rules, regulations or permits previously adopted or issued pursuant to laws; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of a building, or requires larger open spaces than are required by other rules, regulations, or permits or by easements, covenants or agreements, the provisions of this chapter shall govern.
(c)
This chapter and any decisions related thereto are intended to be consistent with the town's comprehensive plan per Wis. Stats. § 66.1001.
(Code 1988, § 17.02; Ord. of 1-27-2013)
(a)
For the purpose of this chapter, the town is hereby divided into ten districts, as follows:
(1)
Residential District A.
(2)
Residential District B.
(3)
Residential District C.
(4)
Rural Residential District.
(5)
General Agricultural District.
(6)
Commercial District.
(7)
Light Industrial District.
(8)
Industrial District.
(9)
Manufactured Home Community District.
(10)
Public Facilities and Institutional District.
(b)
The boundaries of the aforesaid districts are hereby established as shown on the map entitled, "Town of Campbell Zoning Map, La Crosse County, Wisconsin," which map is made a part of this chapter by reference. All notations and references shown on the zoning map are as much a part of this chapter as though specifically described herein. This map is intended to be updated as needed to show amendments to zoning district boundaries.
(1)
The zoning district boundaries will be located on ownership parcel lines, shorelines, town boundary lines, highway, roads, streets, alleys, railroads, or section, quarter section or quarter-quarter section lines, unless otherwise shown. Where the designation on the zoning map indicates that the various districts are approximately bounded by parcel lines, shorelines, highway, road, street or alley lines, railroads, or section, quarter section or quarter-quarter section lines, such lines shall be construed to be the zoning district boundary lines.
(2)
Where the zoning district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the zoning district boundaries shall be construed to be lots, and where the designations of the zoning map are approximately bounded by lot lines, such lot line shall be construed to be determined by use of the scale shown on such map, or by professional survey information where such information exists.
(Code 1988, § 17.03; Ord. of 1-27-2013)
For the purpose of this chapter, words used in the present tense include the future; the singular number includes the plural number, and the plural number includes the singular number; the term "building" includes the term "structure"; the term "shall" is mandatory and not directory. 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. Any words not defined as follows shall be construed as defined in the state and town building codes:
Accessory building means a building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of building, or is substantially attached thereto. Any accessory building projected forward of the rear building line of the principal building shall satisfy the same front and side yard requirements as the principal building. Detached accessory structures placed in the rear yard must be placed at a minimum of ten feet behind the rear wall line of a principal residence in order to maintain access to the rear yard.
Access easement means a recorded interest in property evidencing a private right of access to real property, defined by a legal description, providing for sufficient all weather vehicular access to adequately protect public welfare and safety.
Alley means a street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.
Apartment house. SeeDwelling, multiple.
Barbershop orbeauty parlor. Subject to approval of the town board. When established in a residential district, a barbershop or beauty parlor shall be incidental to the residential occupation; not more than 25 percent of the floor area of only one story of a dwelling unit shall be occupied by such office, and only two barber chairs in a barbershop and two operators in a beauty parlor shall be permitted and only one unlighted name plate, not exceeding one square foot in area containing the name and business of the occupant of the premises, shall be exhibited.
Basement means a story partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.
Boardinghouse means a building other than a hotel where meals or lodging are furnished for compensation for three or more persons not members of a family.
Building means any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.
Building, height of, means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height gable or gambrel, hip or pitch roof.
Community based residential facility means a licensed facility as defined in Wis. Stats. § 46.03(22).
Deck means an uncovered exterior structure designed or intended for outdoor living space. A deck or landing of five feet by five feet or smaller does not require a permit. Decks shall have a minimum of 15 feet rear yard setback in all residential districts.
Dwelling, multiple means a building, or portion thereof, designed for and occupied by more than two families, including tenement houses, row houses, apartment houses and apartment hotels.
Dwelling, one-family, means a detached building designed for or occupied exclusively by one family.
Dwelling, two-family, means a detached or semi-detached building designed for and occupied exclusively by two families.
Family means the body of persons who live together in one dwelling unit as a single housekeeping entity.
Frontage means all the property abutting on one side of a road or street between two intersecting roads, streets or railroads; or all of the property abutting on one side of a road or street between an intersecting road or street and the dead end of a road or street. The term "frontage" also includes parcels of land abutting a street where there is no intersecting street in either direction from the subject parcel.
Garage, private, means an accessory building, space or attached garage for the storage of not more than three motor driven vehicles. Except for motor homes, no vehicles in excess of 16,000 pounds gross vehicle weight are permitted to be stored in a private garage.
Garage, public, means any building or premises, other than a private or storage garage, where motor driven vehicles are equipped, repaired, serviced, hired, sold or stored.
Garage, storage, means any building or premises for the storage only of motor driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold. No commercial motor vehicle exceeding two-ton capacity shall be stored in any storage garage.
Home occupation means a gainful occupation owned and conducted by the family residing in the home of the home occupation location; provided that such occupation does not consume more than 25 percent of the total home floor space, and that no article is sold or offered for sale on the premises except such as is produced by such occupation, that no stock in trade is kept or sold, that no sign other than one unlighted name plate not more than two square feet is installed and that no more than one other person not a member of the immediate family living on the premises is employed.
Hotel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.
Lodginghouse means a building, other than a hotel, where lodging only is provided for compensation for not more than three persons not members of the family.
Lot means a parcel of land having a width and depth sufficient to provide the space necessary for one main building or structure and its accessory building, of sufficient shape and size to meet the lot width, lot frontage, lot area, yard, parking area, and other open space provisions of this chapter, and abutting on a public street, or an access easement approved by the applicable town board, except an easement which is intended to serve more than one lot must be approved by the town board, using the relevant standards established under Wis. Stats. § 82.50.
Lot, corner, means a lot abutting on two or more streets at their intersection provided that the interior angle of such intersection is less than 135 degrees. A corner lot has a front setback area back from each street bordering the lot.
Lot, depth of, means the mean horizontal distance between front and rear lot lines.
Lot, interior, means a lot other than a corner lot.
Lot lines means the lines bounding a lot as defined herein.
Lot, through, means an interior lot having frontage on two non-intersecting streets.
Mineral extraction means the commercial removal of non-metallic rock, slate, gravel, sand, topsoil or other natural materials from a site by excavating, stripping, leveling or any other such process.
Nonconforming use means a building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereof, which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.
Plan commission means the planning and zoning commission as established in chapter 24.
Planned Unit Development (PUD) means a housing project, consisting of a group of two or more buildings having more than two dwelling units each, to be constructed on a site not subdivided into customary lots and streets, or where an existing lot and street layout makes it impractical to apply the requirements of this chapter to the individual building units.
Professional office means the office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician, insurance, accountant, bookkeeper, telemarketing, computer consulting and sales, or other recognized profession. When established in a residential district, a professional office shall be incidental to the residential occupation; not more than 25 percent of the floor area of only one story of a dwelling unit shall be occupied by such office, and only one unlighted name plate, not exceeding two square feet in area, containing the name and profession of the occupant of the premises shall be exhibited.
Public airport means any airport which complies with the definition contained in Wis. Stats. § 114.002(7), or any airport which serves or offers to serve common carriers engaged in air transport.
Roadside stand means a structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered, not wholly enclosed and used solely for the sale of farm products produced on the premises. No such roadside stand shall be more than 300 square feet in ground area and there shall be not more than one roadside stand on any one premises.
Setback lines means lines established within a lot or parcel at required distances from street rights-of-way lines, rear lot lines, and side lot lines, and from railroad rights-of-way lines, with the exception that front setbacks in the light and heavy industrial districts will be governed by section 40-145. The area between the afore mentioned lines and street or rail road rights-of-way lines are unbuildable setback areas within which buildings or structures are prohibited as specified in each zoning district. Setback lines are the minimum distances that buildings or structures must be located back from lot lines; and this minimum distance applies to that part of a building which may overhang the foundation except for porch and entry canopies, bow windows, cornice structures, heating and cooling enclosures and similar auxiliary elements to a permitted use. A building or land use may be placed anywhere within a lot or parcel that is not subject to the setback areas described above which bound the perimeter of said lot or parcel. The unbuildable setback areas described in this chapter are a part of areas that may be referred to as "yards."
Stable means the same as "garage;" a draft animal being considered the equivalent of one self-propelled vehicle.
Story means that portion of a building included between the surface of a floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having one-half or more of its height above grade shall be deemed a story for the purposes of height regulation.
Story, half, means the space under any roof except a flat roof which, if occupied for residential purposes, shall be counted as a full story.
Street means all property dedicated or intended for public or private street purposes, or subject to public easements therefor, and 21 feet or more in width.
Street line means a dividing line between a lot, tract or parcel of land and an abutting public street. A street line is the same as the street right-of-way line for purposes of this chapter.
Structural alterations means any change in the supporting members of a building, or any substantial change in the roof structure or in the exterior walls.
Structure means anything constructed or erected, the use of which requires a permanent location on or in the ground or attached to something having a permanent location on or in the ground. Retention ponds, pools, lagoons and similar excavations which are principal uses or accessory uses are also structures. A flag pole is not a structure for purposes of this chapter.
Swimming pool means a body of water or an outdoor structure containing a body of water in a receptacle or other container installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semi permanent structure on the land. The term 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. Swimming pools shall not be placed any closer than 10 feet to a lot line and shall not be placed in any front yard or in any required setback area of a corner lot. Swimming pools shall be considered the same as any other accessory structure regarding square footage limits, limits on number of accessory structures, and limits on buildable area for green space requirements.
Temporary structure means a moveable structure not designed for human occupancy, nor for the protection of goods or chattels and not forming an enclosure.
Tourist camp means a tract of land, with or without buildings, or where temporary accommodations are provided for two or more automobile trailers or camping tents, open to the public free or for a fee.
Trailer includes trailer coach, house trailer, mobile home, automobile trailer, camp car or any self-propelled or non self-propelled vehicle constructed, reconstructed or added to, by means of accessories, in such a manner as will permit the use and occupancy thereof for human habitation, storage or conveyance of machinery, tools or equipment, whether resting on wheels, jacks or other foundation, and used or so constructed that it is or may be mounted on wheels or any similar transportation devices, and used as a conveyance on highways and streets, but not including those vehicles that are attached to an automobile or truck for the sole purpose of transporting goods or farm animals. Trailers shall not be considered buildings, dwellings or structures for the purposes of this chapter.
Vision clearance means an unoccupied triangular space at the street corner of a corner lot, which is bounded by the street lines and a setback line connecting points specified by measurement from the corner of each street line.
Yard means an unbuildable open space on the same lot with a building or structure unoccupied and unobstructed from the ground upward, except for flag poles and as otherwise provided herein.
Zoning official means the person the town board appoints or designates to administer and enforce the town zoning ordinance
(Code 1988, § 17.04; Ord. of 1-27-2013; Ord. No. 2020-4, 9-8-2020)
Except as otherwise provided:
(1)
The use and height of buildings hereafter erected, converted, enlarged or structurally altered, and the use of any land shall be in compliance with regulations established herein for the district in which such land or building is located. Any use not listed as a permitted use in a district is prohibited in that district and except as otherwise expressly provided, any use listed as a permitted use in any other district shall be construed as a prohibited use in any other district.
(2)
No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this chapter, nor shall the density of population be increased in any manner, except in conformity with the area regulations hereby established for the district in which a building or premises is located. No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.
(3)
Every building hereafter erected, converted, enlarged or structurally altered, shall be located on a lot and in no case shall there be more than one main building on one lot.
(4)
Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part thereof for which a building permit has been issued before September 8, 2020, and the construction of which shall have been started within six months from the date of such permit; and, nothing herein contained shall prevent the completion of buildings whose foundations were laid prior to September 8, 2020, provided that the completed building shall remain within the area confines of the existing foundation.
(5)
All buildings and structures hereafter erected, enlarged or structurally altered for commercial or industrial uses shall be provided with sufficient space for the loading or unloading of vehicles off the public street, road, highway or alley, so that such streets, roads, highways or alleys shall at all times be free and unobstructed to the passage of traffic.
(6)
All theatres, arenas, auditoriums, churches or other places of public gathering hereafter erected shall provide an accessible parking space of sufficient size to accommodate at least one car for every five seats provided, including the seats in all separate parts or rooms of such uses.
(7)
Any setback area or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum setback widths and depths and courts in the two districts which abut the zoning district boundary line.
(8)
When a housing project, consisting of a group of two or more buildings having more than two dwelling units each, is to be constructed on a site not subdivided into customary lots and streets, or where an existing lot and street layout makes it impractical to apply the requirements of this chapter to the individual building units, the town board may approve a development plan, provided it complies with the regulations of this chapter as applied to the whole plat.
(9)
The placement of a trailer in any residential district is prohibited except for those that conform to the town's mobile home park ordinance and those permitted in a licensed campground. One trailer may be parked or stored in a garage or other accessory building or rear yard provided that no occupancy for human habitation is maintained or business conducted therein while such trailer is so parked or stored.
(10)
The temporary placement of a trailer for occupancy in residential districts may be authorized subject to the approval of the town board for persons who are constructing a permanent dwelling on the same premises, or where a hardship exists, provided that the trailer is connected to an approved water supply and wastewater disposal system. In no case shall a trailer be permitted to be temporarily occupied for more than 180 days unless an extension of time is applied for and granted by the town board in cases of extreme hardship.
(11)
In any residential or agricultural district, the wheels or any similar transportation devices of any trailer shall not be removed or otherwise temporarily or permanently fixed to the ground or attached to something having a temporary or permanent location on the ground by any person in any manner other than as permitted in a licensed campground.
(12)
In any residential district or recorded residential subdivision plat, the storage of all motor driven vehicles, except motor homes, with a gross weight in excess of 16,000 pounds, is prohibited. Semitrailers are also prohibited.
(Code 1988, § 17.10; Ord. of 1-27-2013; Ord. No. 2020-4, 9-8-2020)
(a)
The existing lawful use of a building, structure or premises at the time of the enactment of this chapter, or any amendment thereto, may be continued, although such use does not conform to the provisions of this chapter for the district in which it is located, but such nonconforming use shall not be extended.
(b)
If no structural alterations are made, a nonconforming use of a building or structure may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use, such use shall not thereafter be changed to a less restricted use.
(c)
If a nonconforming use of a building, structure, or premises is discontinued for a period of 12 months, any future use of the building, structure or premises shall conform to the regulations for the district in which it is located.
(d)
The town shall comply with Wis. Stats. § 60.61(5m) regarding restoration of nonconforming structures.
(Code 1988, § 17.11; Ord. of 1-27-2013; Ord. of 5-17-2016)
The regulations contained herein relating to the height of buildings and structures and the size of yards and other open spaces shall be subject to the following exceptions:
(1)
Churches, schools, hospitals, sanatoriums and other public and quasi-public buildings may be erected to a height not exceeding 60 feet nor five stories, provided the front, side and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.
(2)
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, silos, scenery lofts, tanks, water towers, ornamental towers, spires, or masts or aerials, are hereby excepted from the height regulations of this chapter and may be erected in accordance with state and federal regulations or ordinances of the town. Windmills, wireless television or broadcasting towers, microwave radio relay structures, telephone, telegraph and power transmission poles and lines, and necessary appurtenances may be permitted above height regulations only as conditional uses approved by the town board according to the provisions of this Code.
(3)
Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.
(4)
Buildings on through lots and extending from street to street may waive the requirements for a rear yard by furnishing on equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets are complied with.
(5)
Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record as such at the time of the passage of this chapter, such lot may be occupied by one family.
(6)
Accessory buildings and structures which are not a part of the main building or structure shall comply with the requirements of the following table, which outline height restrictions and minimum setback dimensions to any lot line. These standards may not apply in certain situations where the lot is within a shoreland zoning district and where other provisions of this Code and of county codes may be applicable.
(7)
The total allowable area for square footage of accessory buildings shall not exceed 1,200 square feet in residential districts and in no case shall exceed an area of more than 25 percent of the rear yard. There shall be a limit of two detached accessory buildings per lot.
(8)
Every part of a required setback area shall be open to the sky unobstructed, except for accessory buildings in a rear setback area, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 12 inches.
(9)
Open or enclosed fire escapes and fire towers may project into a required setback area not more than five feet and into a required court not more than 3½ feet, provided it is so located as not to obstruct light and ventilation.
(Code 1988, § 17.12; Ord. of 1-27-2013; Ord. No. 17.12(6-9), 6-10-2014; Ord. No. 2020-4, 9-8-2020)
All new residential plats, when finally approved, shall immediately be subject to the provisions regulating residential districts as contained in this chapter.
(Code 1988, § 17.13; Ord. of 1-27-2013)
Wis. Stats. § 84.30 and Wis. Admin. Code ch. Trans 201 are adopted herewith and made an integral part of this chapter for regulating signs along and adjacent to any system of interstate, defense, federal primary or federal secondary highways. Any existing sign that has been erected prior to the enactment of this chapter shall be considered a conforming use.
(Code 1988, § 17.14; Ord. of 1-27-2013)
(a)
For purposes of this chapter, any premises or building used for or in connection with the buying, selling, gathering and accumulation of, storing or shipping of, used appliances, iron, lumber, paper, rags, tires, demolition material, electronic waste, or other waste or salvage material commonly included within the terms of junk or salvage, or the accumulating or wrecking of automobiles, trucks, tractors, snowmobiles, boats or other motor vehicles, or parts thereof, or machinery, shall be construed a junkyard or salvage yard.
(b)
Every junkyard or salvage yard shall be surrounded by a sturdy, opaque fence, not less than six feet in height and having no openings more than two inches in width except for necessary entrances and exits. All junk and salvage material shall be kept within such fence, but not piled against it. Such fence shall, at all times, be kept in a proper state of repair.
(c)
Any person having any motor vehicle, truck or tractor, or trailer that is inoperable or unlicensed, including antique vehicles, shall be determined to be in the junk or salvage business if not confined within a building, except as follows:
(1)
In commercial and industrial zoned districts, such vehicles may be stored in an open area but such storage of any vehicle shall not exceed six months.
(2)
Vehicles that are eligible to be registered and licensed on a quarterly basis may be stored in an open area provided that such storage shall not exceed nine months.
(d)
The town board shall have the authority to regulate the necessary area or acreage needed for a junkyard or salvage yard.
(e)
Any person engaged in the junk or salvage business shall have a suitable building for an office constructed in conformity with the local building requirements as well as state requirements.
(Code 1988, § 17.15; Ord. of 1-27-2013)
(a)
Statutory authorization. This chapter is adopted pursuant to the authorization contained in Wis. Stats. § 342.40.
(b)
Abandoned motor vehicles prohibited. No persons shall leave unattended any vehicle, trailer, semi-trailer, or mobile home on any public highway or private or public property for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned, within the town. An abandoned motor vehicle means a motor vehicle that is inoperable and over eight years old and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours. An abandoned vehicle as heretofore defined constitutes a public nuisance.
(c)
Authority to take possession of abandoned motor vehicles. Any sheriff's deputy, county traffic patrolman, or town police officer who discovers any motor vehicle, trailer, semi-trailer or mobile home on any public highway or private or public property which has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment. Upon removal of the vehicle, the officer shall notify the sheriff of the abandonment of the vehicle and of the location of the impounded vehicle. The town, acting through one of the persons designated above, may employ its own personnel, equipment and facilities or hire persons, equipment and facilities for the purpose of removing, preserving and restoring abandoned motor vehicles.
(d)
Notification of owner and lien holders and disposition of abandoned motor vehicles. If the abandoned motor vehicle is determined to have a value of more than $100.00 by the duly authorized town representative making the discovery, it shall be retained in storage for a period of 14 days after certified mail notice has been sent to the owner and the lienholders of record to permit reclamation of the vehicle after payment of approved charges. Thereafter, the town may dispose of the vehicle by sale as provided in the following subsection (d)(1) of this section:
(1)
Any abandoned vehicle which is determined by duly authorized town representatives to have a value less than $100.00, and any abandoned vehicle not reclaimed pursuant to the preceding paragraph of this section, after due notice to the owner and the lienholders of record, may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.
(2)
Within five days after the sale or disposal of a vehicle as provided in the preceding subsection (d)(1) of this section, the town or its agent shall advise the state division of motor vehicles of the sale or disposition of such vehicles on a form supplied by the division of motor vehicles.
(e)
Penalties. The owner of any abandoned motor vehicle which is sold or disposed of pursuant to this chapter shall, upon conviction of being the owner thereof, reimburse the town for all costs the town shall incur for the impoundment and disposal of such motor vehicle and in addition shall forfeit the sum of not less than $100.00 and not more than $500.00 together with the taxable costs. Each conviction of being an owner of an abandoned motor vehicle shall constitute a separate offense.
(Code 1988, § 17.16; Ord. of 1-27-2013)
In all districts and in connection with every use, there shall be provided at the time any building is erected or enlarged, or a zoning/occupancy permit is issued for a change in use, off-street parking stalls on the parcel or on contiguous parcels for all vehicles in accordance with the following:
(1)
Adequate access to a highway or other approved access shall be provided for each parking stall.
(2)
Size of each parking stall shall not be less than 180 square feet, excluding the space required for ingress and egress.
(3)
All off-street parking areas shall be an all-weather surface area which is properly drained.
(4)
Parking areas for more than five vehicles shall have parking stalls clearly marked.
(5)
Parking areas for more than five vehicles shall have curbs and barriers installed so as to prevent the parking of vehicles over any lot or property boundary line.
(6)
The minimum number of parking stalls shall follow these provisions unless otherwise approved. In the case of buildings, structures or uses which are not specified in this provision, the provisions of the most similar shall apply. A combination of any use shall provide the total of the number of stalls required for each individual use.
a.
One-family, two-family or multiple-family dwellings shall provide two parking stalls for every dwelling unit.
b.
Mobile home communities shall provide two parking stalls for every dwelling unit.
c.
Hotels, motels, and bed and breakfast establishments shall provide one parking stall for each guest room plus one parking stall for every three employees.
d.
Hospitals, clubs, lodges, dormitories, lodginghouses and boardinghouses shall provide one parking stall for each bed plus one parking stall for every three employees.
e.
Sanitariums, institutions, rest homes or nursing homes shall provide one parking stall for every five beds plus one parking stall for every three employees.
f.
Medical or dental clinics shall provide three parking stalls for each professional.
g.
Faith-based buildings or structures, theatres, auditoriums, community centers, vocational schools and other places of public assembly shall provide one parking stall for every five seats.
h.
Colleges, secondary and elementary schools shall provide one parking stall for every two employees.
i.
Restaurants, bars, places of entertainment, repair shops, retail and service stores shall provide one parking stall for every 150 square feet of floor area.
j.
Manufacturing and processing plants, laboratories and warehouses shall provide one parking stall for every two employees.
k.
Financial institutions, business, governmental and professional offices shall provide one parking stall for every 300 square feet of floor area.
l.
Funeral homes shall provide one parking stall for every four seats.
m.
Bowling alleys shall provide five parking stalls for every alley.
(Code 1988, § 17.17; Ord. of 5-17-2016)
- IN GENERAL
A chapter to promote the public health, safety and general welfare, pursuant to the provisions of Wis. Stats. §§ 59.69, 59.694, 60.61, 60.62, and 61.35 and for such purpose to divide the Town of Campbell, Wisconsin, into districts of such number, shape and area as are deemed best suited to carry out the purposes: to provide a method for its administration and enforcement and to provide penalties for its violation.
(Code 1988, § 17.01; Ord. of 1-27-2013)
(a)
The provisions of this chapter shall be held to be minimum requirements adopted to promote the public health, safety and general welfare of the town.
(b)
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easement, covenant of agreement between parties or with any rules, regulations or permits previously adopted or issued pursuant to laws; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of a building, or requires larger open spaces than are required by other rules, regulations, or permits or by easements, covenants or agreements, the provisions of this chapter shall govern.
(c)
This chapter and any decisions related thereto are intended to be consistent with the town's comprehensive plan per Wis. Stats. § 66.1001.
(Code 1988, § 17.02; Ord. of 1-27-2013)
(a)
For the purpose of this chapter, the town is hereby divided into ten districts, as follows:
(1)
Residential District A.
(2)
Residential District B.
(3)
Residential District C.
(4)
Rural Residential District.
(5)
General Agricultural District.
(6)
Commercial District.
(7)
Light Industrial District.
(8)
Industrial District.
(9)
Manufactured Home Community District.
(10)
Public Facilities and Institutional District.
(b)
The boundaries of the aforesaid districts are hereby established as shown on the map entitled, "Town of Campbell Zoning Map, La Crosse County, Wisconsin," which map is made a part of this chapter by reference. All notations and references shown on the zoning map are as much a part of this chapter as though specifically described herein. This map is intended to be updated as needed to show amendments to zoning district boundaries.
(1)
The zoning district boundaries will be located on ownership parcel lines, shorelines, town boundary lines, highway, roads, streets, alleys, railroads, or section, quarter section or quarter-quarter section lines, unless otherwise shown. Where the designation on the zoning map indicates that the various districts are approximately bounded by parcel lines, shorelines, highway, road, street or alley lines, railroads, or section, quarter section or quarter-quarter section lines, such lines shall be construed to be the zoning district boundary lines.
(2)
Where the zoning district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the zoning district boundaries shall be construed to be lots, and where the designations of the zoning map are approximately bounded by lot lines, such lot line shall be construed to be determined by use of the scale shown on such map, or by professional survey information where such information exists.
(Code 1988, § 17.03; Ord. of 1-27-2013)
For the purpose of this chapter, words used in the present tense include the future; the singular number includes the plural number, and the plural number includes the singular number; the term "building" includes the term "structure"; the term "shall" is mandatory and not directory. 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. Any words not defined as follows shall be construed as defined in the state and town building codes:
Accessory building means a building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of building, or is substantially attached thereto. Any accessory building projected forward of the rear building line of the principal building shall satisfy the same front and side yard requirements as the principal building. Detached accessory structures placed in the rear yard must be placed at a minimum of ten feet behind the rear wall line of a principal residence in order to maintain access to the rear yard.
Access easement means a recorded interest in property evidencing a private right of access to real property, defined by a legal description, providing for sufficient all weather vehicular access to adequately protect public welfare and safety.
Alley means a street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.
Apartment house. SeeDwelling, multiple.
Barbershop orbeauty parlor. Subject to approval of the town board. When established in a residential district, a barbershop or beauty parlor shall be incidental to the residential occupation; not more than 25 percent of the floor area of only one story of a dwelling unit shall be occupied by such office, and only two barber chairs in a barbershop and two operators in a beauty parlor shall be permitted and only one unlighted name plate, not exceeding one square foot in area containing the name and business of the occupant of the premises, shall be exhibited.
Basement means a story partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.
Boardinghouse means a building other than a hotel where meals or lodging are furnished for compensation for three or more persons not members of a family.
Building means any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.
Building, height of, means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height gable or gambrel, hip or pitch roof.
Community based residential facility means a licensed facility as defined in Wis. Stats. § 46.03(22).
Deck means an uncovered exterior structure designed or intended for outdoor living space. A deck or landing of five feet by five feet or smaller does not require a permit. Decks shall have a minimum of 15 feet rear yard setback in all residential districts.
Dwelling, multiple means a building, or portion thereof, designed for and occupied by more than two families, including tenement houses, row houses, apartment houses and apartment hotels.
Dwelling, one-family, means a detached building designed for or occupied exclusively by one family.
Dwelling, two-family, means a detached or semi-detached building designed for and occupied exclusively by two families.
Family means the body of persons who live together in one dwelling unit as a single housekeeping entity.
Frontage means all the property abutting on one side of a road or street between two intersecting roads, streets or railroads; or all of the property abutting on one side of a road or street between an intersecting road or street and the dead end of a road or street. The term "frontage" also includes parcels of land abutting a street where there is no intersecting street in either direction from the subject parcel.
Garage, private, means an accessory building, space or attached garage for the storage of not more than three motor driven vehicles. Except for motor homes, no vehicles in excess of 16,000 pounds gross vehicle weight are permitted to be stored in a private garage.
Garage, public, means any building or premises, other than a private or storage garage, where motor driven vehicles are equipped, repaired, serviced, hired, sold or stored.
Garage, storage, means any building or premises for the storage only of motor driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold. No commercial motor vehicle exceeding two-ton capacity shall be stored in any storage garage.
Home occupation means a gainful occupation owned and conducted by the family residing in the home of the home occupation location; provided that such occupation does not consume more than 25 percent of the total home floor space, and that no article is sold or offered for sale on the premises except such as is produced by such occupation, that no stock in trade is kept or sold, that no sign other than one unlighted name plate not more than two square feet is installed and that no more than one other person not a member of the immediate family living on the premises is employed.
Hotel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.
Lodginghouse means a building, other than a hotel, where lodging only is provided for compensation for not more than three persons not members of the family.
Lot means a parcel of land having a width and depth sufficient to provide the space necessary for one main building or structure and its accessory building, of sufficient shape and size to meet the lot width, lot frontage, lot area, yard, parking area, and other open space provisions of this chapter, and abutting on a public street, or an access easement approved by the applicable town board, except an easement which is intended to serve more than one lot must be approved by the town board, using the relevant standards established under Wis. Stats. § 82.50.
Lot, corner, means a lot abutting on two or more streets at their intersection provided that the interior angle of such intersection is less than 135 degrees. A corner lot has a front setback area back from each street bordering the lot.
Lot, depth of, means the mean horizontal distance between front and rear lot lines.
Lot, interior, means a lot other than a corner lot.
Lot lines means the lines bounding a lot as defined herein.
Lot, through, means an interior lot having frontage on two non-intersecting streets.
Mineral extraction means the commercial removal of non-metallic rock, slate, gravel, sand, topsoil or other natural materials from a site by excavating, stripping, leveling or any other such process.
Nonconforming use means a building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereof, which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.
Plan commission means the planning and zoning commission as established in chapter 24.
Planned Unit Development (PUD) means a housing project, consisting of a group of two or more buildings having more than two dwelling units each, to be constructed on a site not subdivided into customary lots and streets, or where an existing lot and street layout makes it impractical to apply the requirements of this chapter to the individual building units.
Professional office means the office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician, insurance, accountant, bookkeeper, telemarketing, computer consulting and sales, or other recognized profession. When established in a residential district, a professional office shall be incidental to the residential occupation; not more than 25 percent of the floor area of only one story of a dwelling unit shall be occupied by such office, and only one unlighted name plate, not exceeding two square feet in area, containing the name and profession of the occupant of the premises shall be exhibited.
Public airport means any airport which complies with the definition contained in Wis. Stats. § 114.002(7), or any airport which serves or offers to serve common carriers engaged in air transport.
Roadside stand means a structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered, not wholly enclosed and used solely for the sale of farm products produced on the premises. No such roadside stand shall be more than 300 square feet in ground area and there shall be not more than one roadside stand on any one premises.
Setback lines means lines established within a lot or parcel at required distances from street rights-of-way lines, rear lot lines, and side lot lines, and from railroad rights-of-way lines, with the exception that front setbacks in the light and heavy industrial districts will be governed by section 40-145. The area between the afore mentioned lines and street or rail road rights-of-way lines are unbuildable setback areas within which buildings or structures are prohibited as specified in each zoning district. Setback lines are the minimum distances that buildings or structures must be located back from lot lines; and this minimum distance applies to that part of a building which may overhang the foundation except for porch and entry canopies, bow windows, cornice structures, heating and cooling enclosures and similar auxiliary elements to a permitted use. A building or land use may be placed anywhere within a lot or parcel that is not subject to the setback areas described above which bound the perimeter of said lot or parcel. The unbuildable setback areas described in this chapter are a part of areas that may be referred to as "yards."
Stable means the same as "garage;" a draft animal being considered the equivalent of one self-propelled vehicle.
Story means that portion of a building included between the surface of a floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having one-half or more of its height above grade shall be deemed a story for the purposes of height regulation.
Story, half, means the space under any roof except a flat roof which, if occupied for residential purposes, shall be counted as a full story.
Street means all property dedicated or intended for public or private street purposes, or subject to public easements therefor, and 21 feet or more in width.
Street line means a dividing line between a lot, tract or parcel of land and an abutting public street. A street line is the same as the street right-of-way line for purposes of this chapter.
Structural alterations means any change in the supporting members of a building, or any substantial change in the roof structure or in the exterior walls.
Structure means anything constructed or erected, the use of which requires a permanent location on or in the ground or attached to something having a permanent location on or in the ground. Retention ponds, pools, lagoons and similar excavations which are principal uses or accessory uses are also structures. A flag pole is not a structure for purposes of this chapter.
Swimming pool means a body of water or an outdoor structure containing a body of water in a receptacle or other container installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semi permanent structure on the land. The term 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. Swimming pools shall not be placed any closer than 10 feet to a lot line and shall not be placed in any front yard or in any required setback area of a corner lot. Swimming pools shall be considered the same as any other accessory structure regarding square footage limits, limits on number of accessory structures, and limits on buildable area for green space requirements.
Temporary structure means a moveable structure not designed for human occupancy, nor for the protection of goods or chattels and not forming an enclosure.
Tourist camp means a tract of land, with or without buildings, or where temporary accommodations are provided for two or more automobile trailers or camping tents, open to the public free or for a fee.
Trailer includes trailer coach, house trailer, mobile home, automobile trailer, camp car or any self-propelled or non self-propelled vehicle constructed, reconstructed or added to, by means of accessories, in such a manner as will permit the use and occupancy thereof for human habitation, storage or conveyance of machinery, tools or equipment, whether resting on wheels, jacks or other foundation, and used or so constructed that it is or may be mounted on wheels or any similar transportation devices, and used as a conveyance on highways and streets, but not including those vehicles that are attached to an automobile or truck for the sole purpose of transporting goods or farm animals. Trailers shall not be considered buildings, dwellings or structures for the purposes of this chapter.
Vision clearance means an unoccupied triangular space at the street corner of a corner lot, which is bounded by the street lines and a setback line connecting points specified by measurement from the corner of each street line.
Yard means an unbuildable open space on the same lot with a building or structure unoccupied and unobstructed from the ground upward, except for flag poles and as otherwise provided herein.
Zoning official means the person the town board appoints or designates to administer and enforce the town zoning ordinance
(Code 1988, § 17.04; Ord. of 1-27-2013; Ord. No. 2020-4, 9-8-2020)
Except as otherwise provided:
(1)
The use and height of buildings hereafter erected, converted, enlarged or structurally altered, and the use of any land shall be in compliance with regulations established herein for the district in which such land or building is located. Any use not listed as a permitted use in a district is prohibited in that district and except as otherwise expressly provided, any use listed as a permitted use in any other district shall be construed as a prohibited use in any other district.
(2)
No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this chapter, nor shall the density of population be increased in any manner, except in conformity with the area regulations hereby established for the district in which a building or premises is located. No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.
(3)
Every building hereafter erected, converted, enlarged or structurally altered, shall be located on a lot and in no case shall there be more than one main building on one lot.
(4)
Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part thereof for which a building permit has been issued before September 8, 2020, and the construction of which shall have been started within six months from the date of such permit; and, nothing herein contained shall prevent the completion of buildings whose foundations were laid prior to September 8, 2020, provided that the completed building shall remain within the area confines of the existing foundation.
(5)
All buildings and structures hereafter erected, enlarged or structurally altered for commercial or industrial uses shall be provided with sufficient space for the loading or unloading of vehicles off the public street, road, highway or alley, so that such streets, roads, highways or alleys shall at all times be free and unobstructed to the passage of traffic.
(6)
All theatres, arenas, auditoriums, churches or other places of public gathering hereafter erected shall provide an accessible parking space of sufficient size to accommodate at least one car for every five seats provided, including the seats in all separate parts or rooms of such uses.
(7)
Any setback area or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum setback widths and depths and courts in the two districts which abut the zoning district boundary line.
(8)
When a housing project, consisting of a group of two or more buildings having more than two dwelling units each, is to be constructed on a site not subdivided into customary lots and streets, or where an existing lot and street layout makes it impractical to apply the requirements of this chapter to the individual building units, the town board may approve a development plan, provided it complies with the regulations of this chapter as applied to the whole plat.
(9)
The placement of a trailer in any residential district is prohibited except for those that conform to the town's mobile home park ordinance and those permitted in a licensed campground. One trailer may be parked or stored in a garage or other accessory building or rear yard provided that no occupancy for human habitation is maintained or business conducted therein while such trailer is so parked or stored.
(10)
The temporary placement of a trailer for occupancy in residential districts may be authorized subject to the approval of the town board for persons who are constructing a permanent dwelling on the same premises, or where a hardship exists, provided that the trailer is connected to an approved water supply and wastewater disposal system. In no case shall a trailer be permitted to be temporarily occupied for more than 180 days unless an extension of time is applied for and granted by the town board in cases of extreme hardship.
(11)
In any residential or agricultural district, the wheels or any similar transportation devices of any trailer shall not be removed or otherwise temporarily or permanently fixed to the ground or attached to something having a temporary or permanent location on the ground by any person in any manner other than as permitted in a licensed campground.
(12)
In any residential district or recorded residential subdivision plat, the storage of all motor driven vehicles, except motor homes, with a gross weight in excess of 16,000 pounds, is prohibited. Semitrailers are also prohibited.
(Code 1988, § 17.10; Ord. of 1-27-2013; Ord. No. 2020-4, 9-8-2020)
(a)
The existing lawful use of a building, structure or premises at the time of the enactment of this chapter, or any amendment thereto, may be continued, although such use does not conform to the provisions of this chapter for the district in which it is located, but such nonconforming use shall not be extended.
(b)
If no structural alterations are made, a nonconforming use of a building or structure may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use, such use shall not thereafter be changed to a less restricted use.
(c)
If a nonconforming use of a building, structure, or premises is discontinued for a period of 12 months, any future use of the building, structure or premises shall conform to the regulations for the district in which it is located.
(d)
The town shall comply with Wis. Stats. § 60.61(5m) regarding restoration of nonconforming structures.
(Code 1988, § 17.11; Ord. of 1-27-2013; Ord. of 5-17-2016)
The regulations contained herein relating to the height of buildings and structures and the size of yards and other open spaces shall be subject to the following exceptions:
(1)
Churches, schools, hospitals, sanatoriums and other public and quasi-public buildings may be erected to a height not exceeding 60 feet nor five stories, provided the front, side and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.
(2)
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, silos, scenery lofts, tanks, water towers, ornamental towers, spires, or masts or aerials, are hereby excepted from the height regulations of this chapter and may be erected in accordance with state and federal regulations or ordinances of the town. Windmills, wireless television or broadcasting towers, microwave radio relay structures, telephone, telegraph and power transmission poles and lines, and necessary appurtenances may be permitted above height regulations only as conditional uses approved by the town board according to the provisions of this Code.
(3)
Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.
(4)
Buildings on through lots and extending from street to street may waive the requirements for a rear yard by furnishing on equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets are complied with.
(5)
Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record as such at the time of the passage of this chapter, such lot may be occupied by one family.
(6)
Accessory buildings and structures which are not a part of the main building or structure shall comply with the requirements of the following table, which outline height restrictions and minimum setback dimensions to any lot line. These standards may not apply in certain situations where the lot is within a shoreland zoning district and where other provisions of this Code and of county codes may be applicable.
(7)
The total allowable area for square footage of accessory buildings shall not exceed 1,200 square feet in residential districts and in no case shall exceed an area of more than 25 percent of the rear yard. There shall be a limit of two detached accessory buildings per lot.
(8)
Every part of a required setback area shall be open to the sky unobstructed, except for accessory buildings in a rear setback area, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 12 inches.
(9)
Open or enclosed fire escapes and fire towers may project into a required setback area not more than five feet and into a required court not more than 3½ feet, provided it is so located as not to obstruct light and ventilation.
(Code 1988, § 17.12; Ord. of 1-27-2013; Ord. No. 17.12(6-9), 6-10-2014; Ord. No. 2020-4, 9-8-2020)
All new residential plats, when finally approved, shall immediately be subject to the provisions regulating residential districts as contained in this chapter.
(Code 1988, § 17.13; Ord. of 1-27-2013)
Wis. Stats. § 84.30 and Wis. Admin. Code ch. Trans 201 are adopted herewith and made an integral part of this chapter for regulating signs along and adjacent to any system of interstate, defense, federal primary or federal secondary highways. Any existing sign that has been erected prior to the enactment of this chapter shall be considered a conforming use.
(Code 1988, § 17.14; Ord. of 1-27-2013)
(a)
For purposes of this chapter, any premises or building used for or in connection with the buying, selling, gathering and accumulation of, storing or shipping of, used appliances, iron, lumber, paper, rags, tires, demolition material, electronic waste, or other waste or salvage material commonly included within the terms of junk or salvage, or the accumulating or wrecking of automobiles, trucks, tractors, snowmobiles, boats or other motor vehicles, or parts thereof, or machinery, shall be construed a junkyard or salvage yard.
(b)
Every junkyard or salvage yard shall be surrounded by a sturdy, opaque fence, not less than six feet in height and having no openings more than two inches in width except for necessary entrances and exits. All junk and salvage material shall be kept within such fence, but not piled against it. Such fence shall, at all times, be kept in a proper state of repair.
(c)
Any person having any motor vehicle, truck or tractor, or trailer that is inoperable or unlicensed, including antique vehicles, shall be determined to be in the junk or salvage business if not confined within a building, except as follows:
(1)
In commercial and industrial zoned districts, such vehicles may be stored in an open area but such storage of any vehicle shall not exceed six months.
(2)
Vehicles that are eligible to be registered and licensed on a quarterly basis may be stored in an open area provided that such storage shall not exceed nine months.
(d)
The town board shall have the authority to regulate the necessary area or acreage needed for a junkyard or salvage yard.
(e)
Any person engaged in the junk or salvage business shall have a suitable building for an office constructed in conformity with the local building requirements as well as state requirements.
(Code 1988, § 17.15; Ord. of 1-27-2013)
(a)
Statutory authorization. This chapter is adopted pursuant to the authorization contained in Wis. Stats. § 342.40.
(b)
Abandoned motor vehicles prohibited. No persons shall leave unattended any vehicle, trailer, semi-trailer, or mobile home on any public highway or private or public property for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned, within the town. An abandoned motor vehicle means a motor vehicle that is inoperable and over eight years old and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours. An abandoned vehicle as heretofore defined constitutes a public nuisance.
(c)
Authority to take possession of abandoned motor vehicles. Any sheriff's deputy, county traffic patrolman, or town police officer who discovers any motor vehicle, trailer, semi-trailer or mobile home on any public highway or private or public property which has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment. Upon removal of the vehicle, the officer shall notify the sheriff of the abandonment of the vehicle and of the location of the impounded vehicle. The town, acting through one of the persons designated above, may employ its own personnel, equipment and facilities or hire persons, equipment and facilities for the purpose of removing, preserving and restoring abandoned motor vehicles.
(d)
Notification of owner and lien holders and disposition of abandoned motor vehicles. If the abandoned motor vehicle is determined to have a value of more than $100.00 by the duly authorized town representative making the discovery, it shall be retained in storage for a period of 14 days after certified mail notice has been sent to the owner and the lienholders of record to permit reclamation of the vehicle after payment of approved charges. Thereafter, the town may dispose of the vehicle by sale as provided in the following subsection (d)(1) of this section:
(1)
Any abandoned vehicle which is determined by duly authorized town representatives to have a value less than $100.00, and any abandoned vehicle not reclaimed pursuant to the preceding paragraph of this section, after due notice to the owner and the lienholders of record, may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.
(2)
Within five days after the sale or disposal of a vehicle as provided in the preceding subsection (d)(1) of this section, the town or its agent shall advise the state division of motor vehicles of the sale or disposition of such vehicles on a form supplied by the division of motor vehicles.
(e)
Penalties. The owner of any abandoned motor vehicle which is sold or disposed of pursuant to this chapter shall, upon conviction of being the owner thereof, reimburse the town for all costs the town shall incur for the impoundment and disposal of such motor vehicle and in addition shall forfeit the sum of not less than $100.00 and not more than $500.00 together with the taxable costs. Each conviction of being an owner of an abandoned motor vehicle shall constitute a separate offense.
(Code 1988, § 17.16; Ord. of 1-27-2013)
In all districts and in connection with every use, there shall be provided at the time any building is erected or enlarged, or a zoning/occupancy permit is issued for a change in use, off-street parking stalls on the parcel or on contiguous parcels for all vehicles in accordance with the following:
(1)
Adequate access to a highway or other approved access shall be provided for each parking stall.
(2)
Size of each parking stall shall not be less than 180 square feet, excluding the space required for ingress and egress.
(3)
All off-street parking areas shall be an all-weather surface area which is properly drained.
(4)
Parking areas for more than five vehicles shall have parking stalls clearly marked.
(5)
Parking areas for more than five vehicles shall have curbs and barriers installed so as to prevent the parking of vehicles over any lot or property boundary line.
(6)
The minimum number of parking stalls shall follow these provisions unless otherwise approved. In the case of buildings, structures or uses which are not specified in this provision, the provisions of the most similar shall apply. A combination of any use shall provide the total of the number of stalls required for each individual use.
a.
One-family, two-family or multiple-family dwellings shall provide two parking stalls for every dwelling unit.
b.
Mobile home communities shall provide two parking stalls for every dwelling unit.
c.
Hotels, motels, and bed and breakfast establishments shall provide one parking stall for each guest room plus one parking stall for every three employees.
d.
Hospitals, clubs, lodges, dormitories, lodginghouses and boardinghouses shall provide one parking stall for each bed plus one parking stall for every three employees.
e.
Sanitariums, institutions, rest homes or nursing homes shall provide one parking stall for every five beds plus one parking stall for every three employees.
f.
Medical or dental clinics shall provide three parking stalls for each professional.
g.
Faith-based buildings or structures, theatres, auditoriums, community centers, vocational schools and other places of public assembly shall provide one parking stall for every five seats.
h.
Colleges, secondary and elementary schools shall provide one parking stall for every two employees.
i.
Restaurants, bars, places of entertainment, repair shops, retail and service stores shall provide one parking stall for every 150 square feet of floor area.
j.
Manufacturing and processing plants, laboratories and warehouses shall provide one parking stall for every two employees.
k.
Financial institutions, business, governmental and professional offices shall provide one parking stall for every 300 square feet of floor area.
l.
Funeral homes shall provide one parking stall for every four seats.
m.
Bowling alleys shall provide five parking stalls for every alley.
(Code 1988, § 17.17; Ord. of 5-17-2016)