Except in the case of planned unit developments, not more than one principal detached residential building shall be located on a lot, nor shall a principal detached residential building be located on the same lot with any other principal building.

(Code 1976, § 18.32.010)

(a)

A vision triangle is all that land at a street intersection between the vision line and the street intersection. The vision line is determined by drawing a straight line from the curb or edge of pavement of one street to the curb or edge of pavement of the intersecting street, and such line shall run through two points, each such point being on the edge of the street right-of-way/property line and 25 feet back from the corner formed by the intersection of the two street right-of-way/property lines, as shown on the vision triangle ordinance diagram in Subsection (c) of this section. No bushes or shrubbery nor any opaque or semi-opaque object is permitted in the vision triangle if such bush, shrub or object is over 30 inches above curb grade, except trees trimmed to the trunk and at least to seven feet above sidewalk grade. Official traffic signs and signals and utility poles are exempt from this restriction.

(b)

At all intersections controlled by yield signs, stop signs, or traffic signals, only that portion of the vision triangle lying within the public street right-of-way shall apply.

(c)

All buildings existing within the vision triangle at the time of adoption of the ordinance codified in this section shall be exempt from the requirements of this article.

(Code 1976, § 18.32.020)

(a)

Except as otherwise regulated herein for a specific permitted or conditional use, the following accessory buildings, structures and uses are permitted and may be allowed obstructions in required setback areas where indicated by an X:

(Code 1976, § 18.32.030; Ord. No. 2018-739, § I, 1-14-2019; Ord. No. 2019-749, § I(18.32.030), 5-28-2019; Ord. No. 2019-748, § I(18.32.030), 6-24-2019)

(a)

Permit required. No person shall cause or allow the installation, construction, erection, placement, or replacement of a fence in the City of Janesville without first obtaining a fence permit. Exception: When all other provisions of this chapter are met, a fence permit is not required for:

(1)

The installation, repair, or replacement of any fence less than 16 feet in length.

(2)

Underground electrical fences, such as an invisible pet fence.

(3)

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

(4)

Temporary fences where permitted by this chapter.

(5)

Chicken runs as defined in Section 8-70.

(b)

Application. A written application shall be filed with the Building Division and shall include a drawing, a site plan or property survey displaying the property lines, and adjoining streets, the location of all buildings and structures on the property, and the proposed location of the fence.

(c)

Fee. An application fee, established and amended from time to time by City Council resolution, shall be paid to the City when the application is filed.

(d)

Certificate of appropriateness required. For fences proposed to be installed on a property located in an Historic Overlay District, a Certificate of Appropriateness shall be required.

(e)

Fence types.

(1)

Privacy Fence. A privacy fence is one which is opaque or provides zero to less than 50 percent visibility through the fence. The degree of visibility is measured by the open space through which light is able to pass through the fence. Visibility is measured through one or multiple planes of fencing.

a.

Privacy fences located within the front and corner side yard setbacks may be no greater than 30 inches in height.

b.

Privacy fences are permitted within the interior side and rear yard setback areas.

c.

Privacy fences are subject to all provisions of this chapter.

(2)

Semi-transparent fence. A semi-transparent fence is one which provides 50 percent or greater visibility through the fence. The degree of visibility is measured by the open space through which light is able to pass through the fence. Visibility is measured through one or multiple planes of fencing. Semi-transparent fences are permitted within all setback areas, subject to all provisions of this chapter.

(f)

Fence height. The height of fences shall be measured vertically from the finished grade on the interior side of the fence. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height shall be measured vertically from the base of the berm. Support posts shall not extend more than three inches above the top line of the fence, except for decorative caps, knobs, or finials as designed by a manufacturer.

(1)

Fences in the front setback area. Fences installed in the front setback area shall comply with the following height requirements, subject to all other requirements of Section 42-356:

a.

In residential zoning districts and where residential uses exist or are permitted to exist in other zoning districts, semi-transparent fence height shall not exceed four feet.

b.

In business and office zoning districts, semi-transparent fence height shall not exceed four feet.

c.

In industrial zoning districts, semi-transparent fence height shall not exceed 12 feet.

d.

Privacy fencing cannot exceed 30 inches in height in the front setback area for all zoning districts.

(2)

Fences in the corner side setback area.

a.

In residential zoning districts and where residential uses exist or are permitted to exist in other zoning districts, semi-transparent fence height shall not exceed six feet.

b.

In business and office zoning districts, semi-transparent fence height shall not exceed six feet.

c.

In industrial zoning districts, semi-transparent fence height shall not exceed 12 feet.

d.

Privacy fencing cannot exceed 30 inches in height in the corner side setback area for all zoning districts.

(3)

Fences in the interior side and rear setback areas. Semi-transparent and privacy fences installed in interior side and rear setback areas shall comply with all other requirements of this chapter and the following requirements:

a.

In residential zoning districts and where residential uses exist or are permitted to exist in other zoning districts, fence height shall not exceed six feet.

b.

In business and office zoning districts, fence height shall not exceed eight feet.

c.

In industrial zoning districts, fence height shall not exceed 12 feet.

(4)

Overlapping setback areas. In areas where the front setback and interior side setback areas overlap, the standards of fence height for front setback areas shall apply.

(g)

Fence installation. No person shall cause or allow the installation, construction, erection, placement, or replacement of a fence, or any portion thereof, except in strict compliance with this section, site specific conditions, and the following requirements:

(1)

Fences including all structural members and footings may be installed up to but not on property lines. No portion of the fence shall encroach beyond the property line.

(2)

It is the responsibility of the property owner to locate the property lines and warrant that the fence is properly located entirely on the property site to which the fence permit has been issued.

(3)

Fences shall be installed with the finished side facing the adjacent property or public right-of-way.

(4)

All fence posts must be located on the inside of the fence facing the property on which the fence is located unless the fence is designed and constructed to look the same on both sides of the fence.

(5)

Fences near street intersections. Fences may not obstruct traffic or vision of traffic and shall provide at least 50 percent visibility through any fence or multiple planes of fencing encroaching within the vision triangle as described in Section 42-354.

(6)

Fences near driveways. Fences near driveways may not obstruct traffic or vision of traffic in the street or alley or along a public sidewalk. Privacy fences greater than 30 inches in height may not be placed along driveways within a vision triangle formed by the point of intersection between any right-of-way or alley or driveway and the two points located 15 feet from the point of intersection along the right-of-way line or the edge of the driveway.

(7)

Fences located in the R2—Limited General Residence District. Privacy fences located in the R2 Zoning District may be positioned in the corner side setback area up to halfway between the corner side of the principal building and the corner side lot line provided that it does not extend into the fence vision triangle described in Subsection (g)(5) of this section.

(8)

Fences on lots having multiple street frontages. Privacy fences up to six feet in height may be installed in the rear and corner side yard setback areas on properties which present more than one street frontage and the rear yard includes frontage along a state or federal highway, county trunk highway, or town road, subject to all of the following requirements:

a.

Areas defined: State highways and county roads include the following:

1.

State and Federal Highways 11, 14, 26, and 51.

2.

County Trunk Highways A, D, F, G, O, and Y.

3.

Town roads located within or adjacent to the municipal limits.

4.

Jurisdictional changes of the above-listed roadways as deemed appropriate by the Chief Building Division Director. Said fences must meet all other requirements of this chapter in order to be deemed appropriate.

b.

Access is controlled and prohibited to the subject property from the state or federal highway, county trunk highway, or town road where the fence would be installed.

c.

Access is controlled and prohibited to the adjacent properties from the state or federal highway, county trunk highway, or town road for a distance of no less than 500 feet from the subject property in either direction along the state or federal highway, county trunk highway, or town road, or as determined by the Chief Building Division Director.

d.

Fences may not obstruct traffic or vision of traffic and are subject to all vision triangle provisions of this chapter.

(h)

Fence materials.

(1)

Fences located in residential districts shall be manufactured for residential use. Opaque metal of any kind is prohibited. Typical residential fence materials approved for use are aluminum, wrought iron or steel, chainlink, wood, and vinyl.

(2)

Temporary fencing such as plastic or wood-slat snow fencing shall be prohibited in all zoning districts, except as a temporary use for a special event, hazard, or construction warning. Said fence shall be removed within 24 hours after the conclusion of the special event or when the condition or season for which the said fence was erected no longer exists. Temporary fencing may not be used to enclose yard space on a property.

(3)

Any residential wire-type fencing material shall be 13 gauge or less thickness.

(4)

Prohibited fencing materials.

a.

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

b.

Fences consisting of chicken wire, deer fence, hog wire, high-tensile wire strands, which are normally used in the agricultural, farming, and livestock business, specifically for livestock, animal, or bird control, are prohibited. Exception: In residential districts, chicken wire of no more than 24 inches in height may be used only to encompass rear yard, food-producing gardens.

c.

No person shall erect, keep or maintain any barbed wire or electric fence, except electric invisible dog fence, upon any premises within the City limits, except that barbed wire is allowed only on properties located in Industrial Zoned Districts or in other districts at the discretion of the Building Division Director and so long as all such barbed wire is at least six feet above the ground. In no case, shall barbed wire or electric fence be installed on any property being used for residential purpose regardless of the zoning district in which it is located.

(i)

Prohibited fences. No person shall install, construct, erect, place, replace or cause to be installed, constructed, erected, placed, or replaced the following types of fences:

(1)

An aboveground electric fence or razor wire fence.

(2)

Any wire or chainlink fence with the cut or salvage end of the fence exposed at the top.

(3)

A structure that consists only of vertically-placed materials with no structurally-tied cross members for support.

(4)

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

(5)

A fence that has not been fully completed in accordance with the permit issued under this section.

(j)

Nonboundary related fence standards.

(1)

Residential fences or enclosures for swimming pools shall be as permitted in Section 10-27, temporary fences may not be used to enclose pool areas.

(2)

Fencing installed in Commercial and Industrial Districts and for public athletic facilities (ex: tennis courts, baseball or softball fields) may be erected in conformance with accepted ASTM industry standards. A fence permit shall be required for such installations.

(k)

Encroachments. No portion of any fence may extend into any adjoining public right-of-way or public land including greenbelts, unless the owner has secured a valid written and recorded easement for such encroachment from the City.

(l)

Completion of installation. A fence authorized by a fence permit shall be fully installed in accordance with this section and permit requirements within one year of the date of permit issuance. No further work may be conducted thereafter until a new permit is applied for and issued.

(m)

Maintenance of fences. Fences shall be maintained in a manner so as to prevent rust, corrosion, and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair. Every fence installed shall be maintained in such a way that it will remain plumb and in good repair. A property owner or occupant of the property on which the fence is located shall be responsible for the maintenance of a fence as required by this subsection.

(n)

Existing fences. Any fence, lawfully existing upon the effective adoption date of the ordinance from which this section is derived (June 25, 2019), shall not be altered, enlarged, extended, or replaced, except in strict compliance with all of the requirements of this section and chapter. Except where otherwise prohibited in this section, normal maintenance thereof shall not be a violation hereof.

(o)

Appeals. A decision to deny a fence permit or issuance thereof subject to conditions may be appealed to the Zoning Board of Appeals in accordance with Section 42-272.

(Ord. No. 2019-748, § III(18.32.035), 6-24-2019)

The Building Division Director may allow land uses (permitted or conditional) which, though not contained by name in a zoning district list of permitted or conditional uses, are deemed to be similar in nature and clearly compatible with the listed uses. The Building Division Director shall call upon the City Planner and City Attorney to assist in the determination of similarity and/or compatibility. At the time of periodic updating and revision, the Building Division Director shall recommend the addition of all such approved uses to the appropriate use list.

(Code 1976, § 18.32.040)

(a)

Statement of purposes. This chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures and uses be discontinued or reduced to conformity as soon as the fair interests of the parties will permit, or be permitted to continue with certain restrictions. The purpose of this section is to provide for the regulation of nonconforming buildings, structures and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted to continue.

(b)

Authority to continue. Any nonconforming building, structure or use which existed lawfully at the time of the adoption of the ordinance from which this article is derived and which remains nonconforming and any building, structure, use or land which shall become nonconforming upon the adoption of the ordinance from which this article is derived and any building, structure, use or land which becomes nonconforming upon annexation to the City may be continued subject to the regulations which follow.

(c)

Change of nonconforming use. The nonconforming use of a building, structure or land may be changed to a use that is permitted in the type of district in which the nonconforming building, structure or use is located. After holding a public hearing in accordance with Section 42-272(e), the Plan Commission may authorize a change from one nonconforming use to another nonconforming use of the same district classification in which the existing nonconforming use would normally be a permitted use, or change an existing nonconforming use to a use more appropriate in the type of district in which it is located, if the Plan Commission finds that such changed use will not be contrary to the purposes listed in Section 42-273.

(d)

Repairs, alterations and expansion.

(1)

Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations are made which increase the bulk of the nonconforming building or structure, unless such a structural alteration and the use thereof, conforms to all the regulations of the district in which the building or structure is located.

(2)

The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which the use is presently located, but no changes or structural alterations which increase the bulk of the nonconforming building or structure shall be made unless such changes or structural alterations and the use thereof, conform to all the regulations of the district in which the building or structure is located.

(3)

The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

(4)

The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.

(5)

Construction, reconstruction, remodeling and expansion of a detached residential garage which is used solely for residential storage is permitted on land whose principal use is residential and nonconforming. The size of such garage may not exceed 24 feet by 24 feet.

(6)

The expansion of any one-family or two-family dwelling unit which was lawful prior to the adoption of this chapter but which subsequently became a nonconforming use as a direct result of the adoption of this chapter shall be permitted. Only one such expansion shall be allowed over the useful life of the dwelling unit. Such expansion shall be no more than 150 square feet of gross floor area.

(7)

Subsection (d) of this section shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure on any property within the Shoreland-Wetland Overlay District which existed at the time of adoption of the ordinance from which Article XV of this chapter was derived, or of any environmental control facility in existence on May 7, 1982, related to such a structure. The maintenance and repair of nonconforming boathouses located below the ordinary high water mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121, as from time to time amended.

(e)

Discontinuance. If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of 12 months, it shall not be renewed and any subsequent use of the building, structure, or premises shall conform to the regulations of the district in which such building, structure or premises is located. Exempt from this section are single- and two-family residential structures used for residential purposes which are individually listed on the National Register of Historic Places or single- and two-family residential structures used for residential purposes within an Historic Overlay District.

(f)

Relocation. No building or structure shall be moved in whole or in any part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all the regulations of the district in which it is to be located.

(g)

Restoration. If a nonconforming building or structure is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of its restoration to the condition in which it was before the occurrence, together with the cost of the total structural repairs or alterations made during the lifetime of the building or structure exceeds 50 percent of the assessed value of the building or structure, such nonconforming building may not be restored except in conformity with the regulations of the district in which it is located. If the cost of such a restoration of a destroyed or damaged nonconforming building or structure, together with the cost of the total structural repairs or alterations made during the lifetime of the building or structure, is less than 50 percent of the assessed value of the building or structure, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is diligently prosecuted to completion. If the restoration is not started within one year of said calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared.

(h)

Special exception. The owner of any one- or two-family dwelling unit which was used exclusively for residential use on June 15, 1981, which has been continuously used for residential use since June 15, 1981, up to the date of the casualty referred to hereafter, and which has continuously been located in a business or industrial zoning district since June 15, 1981, shall, in the event of destruction of the residence by fire or other casualty in an amount greater than 50 percent of assessed value, be permitted to reconstruct such residence on the lot where originally located. The size and number of units of the reconstructed residence shall be no greater than the size and number of units of the original residence. The burden of proof of establishing continuous residential use, size and number of units shall be on the land owner. If said reconstruction is not commenced within a period of 12 months following the casualty, any subsequent reconstruction and use of the building, structure or premises shall conform to the regulations of the district in which such building, structure or premises is located.

(i)

Expansion permitted on existing structures. An existing structure within the districts established by this chapter, which was lawful prior to the adoption of the article from which this chapter is derived but which subsequently became nonconforming only as to setbacks and only as the direct result of the adoption of the ordinance from which this chapter is derived, shall be permitted to continue and may be expanded or extended but only:

(1)

If such building addition shall not extend beyond the established nonconforming setback line; and

(2)

In no event shall the total setback of the subject structure be reduced to an amount less than 50 percent of the setback required by this Code; and if the resulting building expansion is no greater than the area of the existing building.

(Code 1976, § 18.32.050)

(a)

General requirements. No permit shall be issued for new construction of buildings, structures or uses or additions thereof, or changes of use, or change in seating capacity, or addition of dwelling units, or gross floor area, or other limits of measurement in the amount specified herein unless there is provided off-street parking areas in accordance with the standards of this section. No permit shall be issued for construction, reconstruction or expansion of an off-street parking lot, open storage lot or loading area unless they are developed in accordance with the standards of this section. For purposes of this section, the term "reconstruction" means the removal of all the existing parking lot, open storage lot or loading area surface and base course to the subgrade.

(1)

Size. An off-street parking space is a hard-surfaced area with size determined by the parking table in this chapter and designed so there shall be adequate provision for ingress and egress to all parking spaces.

(2)

Ingress and egress aisles. Ingress and egress aisles to and from any parking lot to a public street or alley shall be of the following minimum widths:

(b)

The Site Plan Review Coordinator shall have discretionary authority to increase or decrease the above minimum standards as he or she deems necessary for the specific site and under the particular facts and circumstances, but in no event ever more than two feet per lane.

(1)

Surfacing. All driveways and open off-street parking areas shall be surfaced with a dustless all-weather material such as bituminous, concrete pavement, or brick. Such parking areas shall be so graded and drained as to dispose of all surface water. Single-family residential properties may have no more than three years from the date of issuance of a building permit for that property within which to complete this surfacing. This section shall not apply to driveways and parking areas which were legally nonconforming prior to November 13, 2000.

(2)

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance.

(3)

Screening and landscaping.

a.

Screening of parking lots. For all off-street parking areas containing more than four parking spaces there shall be provided and maintained a permanent screening buffer strip along any boundary of such parking lot which adjoins an R1 or R2 district. Such screening may be accomplished by a wall or fence not less than five feet in height or by a living hedge, shrubs or trees which at the time of planting shall be a minimum of three feet in height and three feet in width and shall within a period of four years attain a height and width of at least five feet. When such screening is within the required front or corner side yard, the maximum height shall be 30 inches. The Building Division Director may modify the screening requirements when screening exists on adjoining property.

b.

Landscaping of parking lots. Each parking lot containing more than four parking spaces shall provide and maintain landscaping within such parking lot. Landscaping shall include natural plantings such as trees, shrubs, or bushes. Such landscaping area shall be not less than five percent of the total parking lot area and shall be reasonably distributed throughout the parking lot. All parking lots shall have a five-foot-wide landscaping strip along all adjoining property lines. The landscape strip adjoining any public street shall contain at least one tree per each 50 feet of street frontage with the remainder of the area left in grass, ground cover or other natural plantings. The Site Plan Review Coordinator may reduce or waive said five-foot-wide landscape strip where the ability of providing such five-foot-wide landscape strip creates a practical difficulty or causes one of the following:

1.

The reduction of off-street parking below the ordinance minimum for the use it serves.

2.

The inability to develop or implement a joint driveway use between properties.

3.

The five percent landscaping requirement may be used to satisfy a portion of the green area requirement.

c.

Landscaping of open storage lots. All open storage lots for motor vehicles, and other merchandise, service areas, and loading areas shall have a five-foot-wide landscaped planting strip along all adjoining property lines. The landscape strip adjoining any public street shall contain at least one tree per each 50 feet of street frontage with the remainder of the area left in grass, ground cover or other natural plantings. The Site Plan Review Coordinator may reduce or waive said five-foot-wide landscape strip where the ability of providing such five-foot-wide landscape strip creates a practical difficulty or causes one of the following:

d.

The reduction of off-street parking below the ordinance minimum for the use it serves.

e.

The inability to develop or implement a joint driveway use between properties.

(4)

No parking permitted on lawns. No vehicle shall be permitted to park on a required front or corner side setback except upon a paved or hard-surfaced driveway or parking area.

(c)

Location. All parking spaces required to serve buildings or uses erected or established after the effective date of the ordinance codified in this chapter shall be located on the same lot as the building or use served except that parking spaces to serve business buildings or uses may be located no more than 300 feet from the nearest property line of such business building or use. Parking spaces to serve industrial buildings or uses may be located no more than 1,000 feet from the nearest property line of such industrial building or use.

(d)

Ownership of parking facilities not on same lot as principal use. In cases where parking facilities are not located on the same lot as the building or use they serve, such facilities shall be in the possession of the holder of said building or use either by deed or land contract.

(e)

Computation.

(1)

When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of less than one-half may be disregarded, while a fraction of one-half or more shall be counted as one parking space.

(2)

Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time. Floor area to be used in determining parking requirements shall be the total usable floor area on all floors as determined by the Building Division Director.

(3)

For business and office establishments constructed with basement or underground floor space, parking shall be provided for such floor space as follows:

a.

Basements or underground floors with only one point of ingress/egress shall be limited to only storage associated with the principal use of the structure and there shall be no parking required for such floor space.

b.

For basements or underground floors with two points of ingress/egress and planned or used for limited occupancy for such uses as storage or support functions accessory to the principal use, as determined acceptable by the Site Plan Review Coordinator, one parking stall shall be provided for each 1,000 square feet of gross floor area.

c.

For basements or underground floors with two points of ingress/egress and planned or used for intensive occupancy by the principal use, one parking stall shall be provided based on the applicable rate for the principal use as delineated in Section 42-359(h).

(f)

Provisions for two or more uses. Where two or more uses are located on the same lot or within the same building, and with said building or buildings containing an aggregate total of 25,000 or more square feet of gross floor area, parking spaces equal in aggregate to not less than 80 percent in number of the aggregate total of parking spaces that would be required for each use or lot separately shall be provided and are hereby required.

(g)

Submission of plot plan. Any application for a building permit or for a certificate of occupancy where no building permit is required shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this chapter and any additional information as may be required by the Site Plan Review Committee.

(h)

Exemption. This chapter shall apply only to territory located outside of the parking assessment district.

(1)

Driveway openings. Driveway openings shall be set back from street intersections as delineated in the various district requirements through this chapter except for parking lots located within the downtown parking assessment districts. Within the downtown parking assessment districts the minimum setback from a street intersection shall be 20 feet. The setback shall be measured from the intersection of the right-of-way lines, not the curb or pavement edge.

(i)

Required spaces. The minimum number of off-street parking spaces accessory to designated uses shall be provided as follows, unless otherwise required by the Site Plan Review Coordinator: The Site Plan Review Coordinator may decrease the required number of off-street parking spaces to be improved by up to 25 percent of the requirement. However, area in reserve for development of future off-street parking spaces must be provided on site to satisfy the parking requirement. Said reserve parking spaces shall be improved when necessary as determined by the Building Division Director.

(1)

Dwelling and lodging uses.

a.

Boardinghouses or roominghouses, one space for each lodging room;

b.

Hotels, motels and tourists homes, one space for each lodging room plus one space for each employee (based upon the maximum number of employees on the premises at any one time);

c.

Single-family and two-family dwellings, two parking spaces for each dwelling, plus one additional parking space for each two roomers or lodgers accommodated; but no more than four parking spaces for each dwelling unit;

d.

Multiple-family dwellings:

1.

Multiple-family dwellings with dwelling units containing two or more bedrooms shall provide two parking spaces for each dwelling unit;

2.

Multiple-family dwellings with dwelling units containing one bedroom or designed as an efficiency unit shall provide 1½ parking spaces for each dwelling unit;

3.

Multiple-family dwellings which are located in the R4, O2, and B6 Districts shall provide 1½ parking spaces for each dwelling unit;

e.

Multiple-family subsidized elderly rental housing, one space per unit. When originally constructed, such a building need only be provided with 50 percent of this requirement unless located within the B5 or B6 District where 25 percent of this requirement may be provided, but sufficient land for the remaining spaces must be reserved for use as needed or for a changed use. In the event that the Building Division Director feels the parking facilities of the subsidized elderly rental housing are not sufficient to accommodate the parking needs, he or she can require the owner to pave additional spaces up to one stall per unit as he or she deems appropriate, subject to site plan review approval. In the event that such multiple-family housing fails to qualify or loses its classification as subsidized elderly rental multiple-family housing under the rules and regulations of the state and/or federal agency under which the housing project has been funded, the provisions for multiple-family housing shall apply. To be classified as multiple-family subsidized elderly rental housing for the purposes of this subsection, the housing project must be so qualified under the rules and regulations of the appropriate state and/or federal agencies;

f.

Nursing homes, convalescent homes, one space for each two beds;

g.

Mobile home parks, two spaces per each lot;

h.

Community living arrangements (CLA), one space for each employee, plus one space for each lodging room. If the clientele of the CLA are not capable of obtaining driver licenses or it is not expected that they would obtain driver licenses, the parking spaces for lodging rooms need not be improved, but shall be reserved on the site.

Such reserved spaces shall be improved when the clientele of the CLA changes to residents who possess or are expected to obtain driver licenses. Exempted from this requirement are CLAs for eight or fewer occupants located in an R1 or R2 District. Those establishments shall provide a minimum of two off-street stalls.

(2)

School, institution, auditorium, or other places of assembly uses.

a.

Colleges, junior colleges, and universities, one parking space for each four students, based upon the maximum number of students that can be accommodated in accordance with design capacity, plus one space for each employee;

b.

Hospitals, one parking space for each two hospital beds, plus one parking space for each two employees, plus one parking space for each doctor assigned to the staff;

c.

Libraries and museums, one parking space for each 600 square feet of floor area;

d.

Medical and dental clinics, one parking space per each 150 square feet of gross floor area for the first 10,000 square feet of building and one parking space per each 200 square feet of gross floor area above 10,000 square feet;

e.

Meeting halls, convention halls, exhibition halls, funeral homes, and banquet rooms, one parking space for each three people based upon the design occupant load;

f.

Auditoriums, theaters and churches, one parking space for each three seats based upon design seating capacity;

g.

Private clubs and lodges, one parking space for each 30 square feet of floor area or one space for each lodging room and one parking space for each three seats in accordance with design seating capacity, whichever is greater;

h.

Schools, commercial, trade, music, dance or business, one parking space for each two employees, plus one space for each two students based on the maximum number of students that can be accommodated in accordance with such design capacity;

i.

Schools, child's dance, one parking space for each five students plus one space for each employee;

j.

Schools, senior high (public or private), one parking space for each six students based on the maximum number of students that can be accommodated in accordance with such design capacity of the building, plus one space for each employee;

k.

Schools, elementary or junior high (public or private), one parking space for each employee;

l.

Nursery schools and day care centers, one parking space per employee, plus one space per six children based on the maximum capacity the facility may be licensed for.

(3)

Recreational uses (commercial or noncommercial).

a.

Bowling alleys, five parking spaces for each lane, plus such additional spaces as may be required herein for affiliated uses such as restaurants and bars, plus one space for each employee;

b.

Health salons, swimming pools, skating rinks, dance halls and billiard parlors (commercial), one parking space for each three persons, based upon the maximum number of persons that can be accommodated at one time in accordance with such design capacity, and one parking space for each employee;

c.

Parks, resorts, recreation areas, grandstands, stadiums or community centers (private, semipublic or public), one parking space for each two employees, plus spaces in adequate number as determined by the Site Plan Review Committee to serve the visiting public.

(4)

Business, commercial and industrial uses.

a.

All business and commercial establishments, except those specified hereafter, one parking space for each 200 square feet of floor area, unless the Building Division Director determines that the use is so similar to a use listed in one of the following subsections that the parking requirement for the similar use shall apply;

b.

Carwash, one parking space for each two employees, plus one space for the owner or manager, and in addition, parking spaces to accommodate automobiles awaiting entrance to the carwash equal in number to five times the maximum capacity of the carwash. Maximum capacity, in this instance, shall mean the greatest possible number of automobiles undergoing some phase of washing at the same time;

c.

Automobile service stations, one parking space for each employee, plus three spaces for each bay intended for service, repair, or other use;

d.

Business, professional and public administration or service office building, one parking space for each 200 square feet of floor area, except for a suite of rooms used for offices for physicians or dentists, parking spaces are required herein for medical and dental clinics shall apply;

e.

Cartage, express, parcel delivery and freight terminal establishments, one parking space for each employee employed on the premises and one parking space for each vehicle maintained on the premises;

f.

Restaurants, taverns, and other establishments dispensing food or drink:

1.

Establishments which provide indoor serving areas shall provide parking as follows:

(i)

One parking space for each 35 square feet of net floor area; and

(ii)

One parking space for each employee based on the maximum number of employees on the largest shift;

2.

Drive-in establishments which do not provide indoor serving areas shall provide parking as follows:

(i)

One parking space for each 35 square feet of gross floor area; and

(ii)

One parking space for each employee based on the maximum number of employees on the largest shift;

3.

Establishments which provide primarily take-out or delivery service with indoor seating for 12 or fewer patrons shall provide one parking stall for each 200 square feet of gross floor area. Net floor area equals the area where patrons are served;

g.

Motor vehicle sales, greenhouses and building materials sales, one parking space for each 600 square feet of floor area, plus one space for each two employees;

h.

Furniture and appliance stores, wholesale stores, stores for repair of household equipment or furniture, one parking space for each 400 square feet of floor area;

i.

Industrial uses such as production, processing, assembly, cleaning, servicing, testing or repair of materials, goods or products warehouse and wholesale, two parking spaces for each three employees on any one shift. However, space for future parking stalls shall be reserved on the site, but does not need to be improved to ordinance standards until an increase in employment or change in use requires the improvement. Such parking reservation shall equal at least one space per 1,000 square feet of floor area up to 20,000 square feet, plus one space per 2,000 square feet in excess of 20,000 square feet. The Chief Building Division Director may reduce or waive the required parking reservation for industrial uses such as mini-warehouses, concrete batching plants, asphalt batching plants or other similar structures with limited adaptive re-use in the opinion of the Chief Building Division Director.

(5)

Construction and maintenance of parking lot. Construction and maintenance of private streets, drives, parking areas and sidewalks within all developments shall be the responsibility of the property owner. All such improvements shall be constructed in accord with the approved site plan. All facilities shall be properly and routinely maintained to allow continuous and safe vehicle and pedestrian passage and usage. All parking stalls shall be properly striped with industry accepted pavement markings so that they are visible under all weather conditions except snow.

(Code 1976, § 18.32.060)

Off-street loading berths accessory to designated uses shall be provided as follows:

(1)

Location. All loading berths shall be located on the same as the use served. All major vehicle loading berths which abut a residence district or intervening alley separating a residence district from a business or industrial district shall be effectively screened therefrom by building walls, or a uniformly painted solid fence, wall or effective screen or any combination thereof, not less than eight feet in height. No loading berth shall be located within 40 feet of the nearest point of intersection of any two streets. No loading berth shall be located in a required front or side yard setback.

(2)

Area. Unless otherwise specified, an off-street loading berth shall be designed to accommodate vehicles intended to dock at this berth but in no event shall such loading berth be less than 12 feet in width by at least 35 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 14 feet.

(3)

Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

(4)

Surfacing. All open off-street loading berths shall be surfaced with a dustless, all-weather material, such as bituminous, concrete pavement, or brick.

(5)

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities.

(6)

Utilization. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

(Code 1976, § 18.32.070)

All surface water originating on a site, plus any and all surface water entering a site from adjoining property, shall be suitably collected on the site and shall be discharged to the storm sewer system where available. Determination of availability of storm sewer shall be the responsibility of the City Engineer, whose decision shall be final. Storm sewers shall be constructed in compliance with the Wisconsin Plumbing Code and other applicable regulations, as from time to time amended. If no storm sewer is available, surface water shall be discharged from or retained on a site in a manner approved by the City Engineer. This section shall not apply to single- and two-family developments.

(Code 1976, § 18.32.080)

The following regulations shall govern accessory buildings, structures, and uses.

(1)

Accessory buildings, attached and detached garages, structures, and uses shall be compatible with the principal use and shall not be established prior to the establishment of a principal use on a lot.

(2)

Except as otherwise regulated herein, any accessory building or structure hereafter erected, altered, enlarged, or moved on a lot shall conform with the following:

a.

No detached garage or accessory building shall be nearer than five feet from the nearest portion of any other building on the lot.

b.

All detached garages and accessory buildings must comply with the front yard and corner side yard setback requirements as described within each zoning district.

c.

No detached garage or accessory building directly adjacent to a principal building shall be less than eight feet from any interior side lot line and ten feet from the principal building.

d.

When a detached garage or accessory structure is located to the rear of the closest perpendicular line of the principal building, no detached structure shall be less than the distance described in this chapter from the principal structure.

(3)

No detached garage or accessory building accessory to a residence shall have more than one story or exceed 14 feet in height, measured from floor to peak of roof. The Building Division Director may authorize a greater building height not to exceed 22 feet for detached garages which are located in a district listed on the National Register of Historic Places or in an Historic Overlay District, but only in order to construct a roof pitch to be compatible with the roof pitch of the principal building.

(4)

Attached garages shall be considered part of a principal building and shall comply with the setbacks for a principal building.

(5)

Detached garages shall comply with the setbacks for accessory buildings.

(6)

No accessory building accessory to a one or two family residence shall be greater than 120 square feet in area. No detached garage accessory to a one- or two-family residence shall be greater than 750 square feet in area. No attached garage accessory to a one- or two-family residence shall be greater than the gross living area of the principal building as defined in Section 42-119.

(7)

For each dwelling unit in a single- or two-family residence there shall be no more than one accessory building and no more than one detached garage.

(Code 1976, § 18.32.090)

No building, accessory building or structure shall be erected within the 15-foot strip of land measured landward from the Rock River from any existing river wall or bulkhead line or encroachment line where a bulkhead line has not been established. This provision does not apply to piers, docks, walks, bridges, culverts, dikes, riverbank erosion control or underground utilities.

(Code 1976, § 18.32.100)