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Kaukauna City Zoning Code

17 SPECIAL

PROVISIONS

17.33 Sign And Billboard Regulations

  1. 1. The following types of signs are exempted from permit requirements, but must be in conformance with all other requirements in this chapter:
    1. Construction signs. Two construction signs per construction site not exceeding 100 square feet in area which shall be confined to the site of construction and shall be removed 30 days after completion of construction or prior to occupancy after construction, whichever is sooner.
    2. Directional and instructional signs. Directional and instructional non-electric signs which provide instruction or direction and are located entirely on a property to which they pertain, do not exceed six square feet in area and do not in any way advertise a business. This includes, but is not limited to, such signs as those identifying restrooms, telephones, parking areas, entrances, and exits.
    3. Non-illuminated emblems. Non-illuminated emblems or insignia of any nation, political subdivision, or nonprofit organization.
    4. Government signs. Government signs for control of traffic and other regulatory purposes and including danger signs, railroad crossing signs, and signs of public utilities indicating danger or aids to service or safety which are erected by or on the order of a public officer in the performance of his duty.
    5. Home occupation signs. Home occupation signs associated with permitted home occupations as defined in this section.
    6. House numbers and nameplates. Property numbers, post box numbers, names of occupants of the premises, or other identification not having commercial connotations.
    7. Interior signs. Interior signs located entirely within a building.
    8. Memorial signs and plaques. Memorial signs or tablets, plaques, names of buildings, and date of erection, which are cut into masonry surfaces or inlaid .so as to be part of a building or when constructed of bronze or other noncombustible material not more than four square feet in area.
    9. No trespassing or no dumping signs. No trespassing and no dumping signs not to exceed 1 1/2 square feet in area.
    10. Public notices. Public notices posted by public officials or employees in the performance of their duties.
    11. Public signs. Public signs required as specifically authorized for a public purpose by any law, statute, or ordinance.
      1. No sign shall be located within 15 feet of the public right-of-way at a street intersection or over the right-of-way.
    12. Real estate signs. One real estate sales sign for each street frontage on any lot or parcel, provided that such sign is located entirely within the property to which the sign applies and is not directly illuminated. Such signs are subject to the following regulations:
      1. In residential zoning districts, such signs shall not exceed six square feet in area and shall be removed within seven days after the sale, rental, or lease has been accomplished.
      2. In all other zoning districts, such signs shall not exceed 32 square feet in area and shall be removed within 15 days after the sale, rental, or lease has been accomplished.
    13. Temporary window signs. In commercial and industrial zoning districts, the inside surface of any ground floor window may be used for attachment of temporary signs. The total area of such signs, however, shall not exceed 50 percent of the total window area and shall not be placed on door windows or other windows needed to be clear for pedestrian safety.
    14. On-premises symbols and insignia. Religious symbols, commemorative plaques of recognized historic agencies, or identification emblems of religious orders or historic agencies.
    15. On- and off-premises temporary signs. Temporary signs not exceeding 32 square feet in area pertaining to fund or pledge drives or events of civic, philanthropic, educational, or religious organizations, provided that such signs are posted not more than 30 days before such event and removed within five days after the event.
    16. Vehicular signs. Truck, bus, trailer, or other vehicle signs while operating in the normal use of business, which is not primarily the display of signs.
    17. Neighborhood identification signs. In any zone, a sign, masonry wall, landscaping, or other similar material and feature may be combined to form a display for neighborhood or tract identification, provided that the legend of such sign or display shall consist only of the neighborhood or tract name.
  2. Signs.
    1. Prohibited signs. The following exterior building signs shall be prohibited within the city:
      1. Abandoned signs.
      2. Flashing signs, remnants, banners, streamers, and all other fluttering or spinning signs, except in connection with temporary sales, civic or cultural events, or officially recognized holidays.
      3. Snipe signs or signs attached to trees, telephone poles, public benches, street lights, or placed on any public property or public right-of-way.
      4. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying such sign, excluding allowed portable signs or signs or lettering on buses, taxies, or vehicles operated during the normal course of business.
      5. Signs displaying flashing or intermittent lights customarily associated with danger or emergencies. An illuminated sign or lighting device shall employ only lights of constant intensity and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving lights or lights creating the illusion of movement. Signs located wholly within a building, public service information signs, and other electronic message or mechanical message centers which are classified as changing signs are permitted and are not subject to this restriction.
      6. Signs which purport to be or are an imitation of or resemble an official traffic sign or signal or which bear words "stop," "caution," "warning" or similar words that are displayed in the colors normally associated with them as official signs are prohibited.
    2. Construction specifications.
      1. All signs shall be constructed in accordance with the requirements of chapter 14 of this Code and the national electric code, as amended, and the additional construction standards set forth in this section, where applicable.
      2. All ground and roof sign structures shall be self-supporting Structures and permanently attached to sufficient foundations.
      3. Electric service to ground signs shall be concealed.
      4. All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads as follows, with correct engineering adjustments for the height of the sign above grade:
        1. For solid signs: 30 pounds per square foot on any face of the sign or structure.
        2. For skeleton signs: 30 pounds per square foot of the total face cover of the letters and other sign surfaces or ten pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater.
      5. No sign shall be suspended by nonrigid attachments that will allow the sign to swing due to wind action. All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations. All nonpermanent signs shall be braced or secured to prevent motion.
      6. No sign shall be erected, constructed, or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of ingress and egress.
      7. No sign shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation, except that signs may be erected in front of and may cover transom windows when not in violation of the provisions of the city fire prevention code.
      8. Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead conductors in accordance with the national electrical code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than six inches horizontally or vertically from any conductor or public utility guy wire.
    3. Signs in residential districts. No sign in a residential district shall exceed eight feet in height or produce artificial light from within.
    4. Signs in commercial districts.
      1. Temporary window signs advertising a sale or special event at an individual commercial establishment shall be exempt from the sign regulations.
      2. A detached sign, any part of which is closer than 15 feet to the right-of-way shall have a minimum vertical distance of ten feet between the bottom of the sign and the grade at the right-of-way line or shall not be more than three feet in height above grade.
      3. Any detached sign or projecting sign within 25 feet of an intersection or 15 feet of a driveway shall maintain a minimum vertical distance between the bottom of the sign and the grade at the right-of-way line of ten feet or shall be not more than three feet in height above grade.
      4. All other projecting signs shall maintain a minimum vertical distance between the bottom of the sign and the grade at the right-of-way line of nine feet.
      5. Canopy, marquee, and awning signs shall be placed at such a height so that the extreme lower edge of such structure is at least seven feet above sidewalk grade and such signs shall not extend more than 72 inches into the public right-of-way. The vertical dimension of a sign, any portion of which is below the lower edge of the canopy or marquee structure, shall not exceed 20 inches.
      6. Detached signs shall not project more than 72 inches into the public right-of-way, but in no case closer than two feet from the curbline as measured from the property line. The area of a ground sign shall not exceed 150 square feet per side.
    5. Billboard requirements. Pursuant to chapter 14 of this Code, the following regulations shall be enforced:
      1. No billboards may be erected within a 500-foot radius of another existing billboard.
      2. No billboard may be erected within 200 feet of an existing residential use or within 200 feet of a residential district.
      3. The maximum size of billboards shall be 300 square feet on each face, except within 100 feet of U.S. 41, where the maximum size shall be 400 square feet on each face.
      4. Billboards shall be set back from all property lines and existing buildings equal to the height to the top of the billboard.
      5. Roof-mounted billboards are not permitted.
      6. Billboards shall only be permitted in the commercial highway, commercial shopping center, industrial, and industrial park districts.
      7. All billboards which are not in conformance with the above provisions shall be placed in conformance no later than July 9, 1990.
      8. Exception. Signage permitted under section 17.24{6){a) of this chapter.
    6. Installation, maintenance, and repair.
      1. All signs shall be constructed and installed in accordance with the requirements of chapter 14 of this Code and the national electric code. Every sign, including, but not limited to, those signs for which permits are required, shall be maintained in a safe, presentable and good structural condition at all times, including replacement of defective parts, painting, except when a weathered or natural surface is intended, repainting, cleaning, and other acts required for the maintenance of such signs.
      2. The building inspector shall require compliance with all standards of this chapter. If the sign is not maintained to comply with safety standards outlined under chapter 14 of this Code, the building inspector shall require its removal in accordance with this section.
    7. Abandoned signs. Except as otherwise provided in this chapter, any sign that is located on property which becomes vacant and is unoccupied for a period of two months or more or any sign which pertains to a time, event, or purpose which no longer applies shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of three months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises. If the owner fails to remove the sign, the building inspector shall take appropriate legal action to cause the same to be removed.
    8. Defective signs and signs for which no permit has been issued. The building inspector shall cause to be removed or repaired any sign that is defective or endangers the public safety, such as a dangerous or materially, electrically, or structurally defective sign or a sign for which no permit has been issued.
    9. Notice. The building inspector shall give the owner of the sign 30 days' written notice to remove any abandoned sign, repair, or remove any defective sign or to remove a sign for which no permit has been issued. The notice shall describe the sign and specify the violation involved. The notice shall be sent by certified mail.
    10. Appeals.
      1. The owner of the sign may appeal the determination of the building inspector ordering removal or compliance by filing a written notice of appeal under section 17.50 within 30 days after the date of mailing the notice.
      2. For property located within the commercial core district, the owner of the sign may appeal to and be heard before the redevelopment authority.
    11. Removal of signs by the building inspector.
      1. Notwithstanding the above, in cases of emergency, the building inspector may cause the immediate removal without notice of a dangerous or defective sign or for failure to comply with the written order of removal or repair.
      2. After removal or demolition of the sign, a notice shall be mailed to the owner of the sign stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the building inspector, together with an additional ten percent for inspection and incidental costs.
      3. If the amount specified in the notice is not paid within 30 days of the notice, it shall become an assessment against the property of the sign owner and will be certified as an assessment against the property, together with interest at ten percent per annum, for collection in the same manner as real estate taxes.
      4. The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon, unless facts to the contrary are brought to the attention of the building inspector as in the case of a leased sign.
      5. For the purpose of removal, the definition of the term "sign" includes all sign embellishments and structures designed specifically to support the sign.
HISTORY
Adopted by Ord. 1946-2025 on 11/18/2025

17.35 General Application

Regulations for uses and structures specified in this subchapter shall apply to such uses and structures whether permitted by right or permissible by special exception.

(Code 2011, § 17.35)

17.36 PUD Planned Unit Development

  1. Intent. The intent of the planned unit development provisions is to encourage quality and desirable development by allowing for greater flexibility and design standards for projects conceived and implemented as comprehensive and cohesive developments. This subchapter is established to permit and encourage:
    1. Diversification, variation, and imagination in the relationship of uses, structures, and heights of structure.
    2. The preservation of open space.
    3. More rational, economic development with respect to the provisions of public services.
  2. Character of site. All planned unit developments shall be suitable for development in the manner proposed without hazards to persons or property, on or off the site, from probability of flooding, erosion, subsidence, or slipping of the soil, or other dangers, annoyances, or inconveniences.
  3. Locational requirements. All planned unit developments shall have direct access to major streets or highways without creating traffic on local residential streets outside the district. PUDs shall be so located in relation to existing public utilities and facilities that no additional public expense will be involved, unless the developer agrees to offset the added public expense.
  4. Unified control.
    1. All land included for development as a PUD is under the legal control of the applicant, whether the applicant is an individual, partnership, corporation, or a group of individuals, partnerships, or corporations. Applicants requesting approval of a PUD shall present firm evidence of unified control of the entire area within the proposed PUD together with evidence that the developer has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of this subchapter.
    2. The applicant shall state agreement to:
      1. Proceed with the proposed development according to the provisions of these zoning regulations and such conditions as may be attached to the special exception for PUD.
      2. Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the approved plans and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense.
      3. Bind their successors in title to any commitments made under subsections (1) through (3) of this section. All such agreements and evidence of unified control shall be examined by the city attorney, and no PUD shall be approved without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of this subchapter.
  5. Permitted uses. Any use permitted in the RMF district (see section 17.19).
  6. General requirements. All permitted uses shall be subject to the accessory use and structure, sign, height, and parking requirements of the district in which it is located.
  7. Area and density requirements. A tract of land proposed for development as a planned unit development shall contain a minimum area of two acres and a maximum density of 14 dwelling units per net acre in the RTF district (see section 17.18) and 24 dwelling units per net acre in the RMF district (see section 17.19).
  8. Internal lots and frontage. Within the boundaries of the PUD, no minimum lot size or minimum yards shall be required; provided, however, that no structure shall be located close to any peripheral property line than two times the height of such structure.
  9. Access. Every dwelling unit shall have access to a public street either directly or via an approved private road, pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses are not required to front on a dedicated public street.
  10. Common open space requirements. There shall be a minimum open space requirement of 40 percent of the total net acreage of the tract. Common open space areas shall be subject to the conditions for such areas as specified in subsection 17.32(9).
  11. Engineering design standards. Normal standards or operational policy regarding right-of-way widths, provision for sidewalks, street lighting, and similar environmental design criteria shall not be mandatory in a planned unit development, but precise standards satisfactory to the plan commission shall be made a part of the approved plan and shall be enforceable as a part of this chapter.
  12. Procedures for approving planned unit developments. Approval of a planned unit development is subject to the following conditions:
    1. Preapplication conference. Prior to initiating a request for a special exception, a preapplication conference with the city plan commission is required. The purpose of such a preapplication conference shall be to assist in bringing the overall proposal as nearly as possible into conformity with this subchapter or other regulations applying generally to the property involved and to define specifically those variations from application of general regulations which appear justified in view of equivalent service of the public purposes of such regulations.
    2. Concept plan. A concept plan shall accompany the application and shall contain the following information:
      1. The title of the project and names of the professional project planner and developer.
      2. Scale, date, north arrow, and general location map.
      3. Boundaries of the property involved, all existing streets, buildings, water courses, easements, section lines, and other existing important physical features in and adjoining the project.
      4. Master plan locations and the acreages of each component thereof of the different uses proposed by dwelling types, open space designations and recreation facilities, and other permitted uses and off-street parking locations.
      5. Master plan showing access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic.
      6. Tabulations of total gross acreage in the development and the percentage thereof proposed to be devoted to the several dwelling types, other permitted uses, recreational facilities, open spaces, streets, parks, schools, and other reservations. Tabulations of projected density shall be computed by deducting gross acreage used for nonresidential purposes other than open space recreational uses.
      7. Architectural drawings and sketches illustrating the design and character of the various structures proposed in the development.
      8. Deed restrictions and other documents pertaining to the improvement, operation, and maintenance of common areas in the development.
      9. In addition, the city plan commission may require additional material such as plans, maps, studies, and reports which may be needed in order to make the necessary findings and determinations that the applicable standards and guidelines have been complied with.
    3. City plan commission recommendation and city council approval. After conferences with the applicant and a public hearing, the city plan commission, in accordance with section 17.47, may recommend to the city council to approve, disapprove, or approve subject to stated stipulations and conditions, a request for a special exception. In making its decision, the city plan commission shall find that the plans, maps, and documents submitted by the applicant have met the requirements of these regulations. Council approval applies to the concept plan and request for a special exception only. Final city council approval is necessary for the final development plan according to subdivision procedures.
    4. Binding nature of approval. All terms, conditions, safeguards, and stipulations made at the time of approval of the PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, or safeguard shall constitute a violation of this subchapter.
    5. Preliminary and final development plans. Plans for development of land approved for a PUD shall be processed in accordance with the standard subdivision review procedures established by the city. The same information and data shall be furnished at each stage of plan approval as is required for a standard subdivision development. The preliminary plan required and submitted shall be in substantial compliance with the concept plan. In addition to the requirements of the city for reviewing subdivision plats, the following information shall be provided:
      1. Building locations and architectural definitions of all structures proposed which are a part of the project shall be depicted on the preliminary plan or plat and the supplementary materials required.
      2. Master landscape plan depicting existing and proposed vegetation and locations thereof on the site.
      3. Fence, wall, and planting screens location, heights, and materials.
      4. Tabulations analyzing the number of total gross acres in the project and the percentage thereof proposed to be devoted to the several dwelling types, other nonresidential uses, off-street parking, streets, open spaces, recreation areas, parks, schools, and other reservations.
      5. Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units.
      6. In addition to the plat certificates required when reviewing standard subdivision plats, and prior to recording a final plat, the developer shall file, as specified at the time of granting the special exception, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities, including streets, drives, parking areas, and open space and recreation facilities; or he shall file such documents as are necessary to show how such common areas are to be improved, operated, or maintained. Such documents shall be subject to the approval of the city attorney.
    6. Changes in plans. Changes in plans not in substantial compliance with the site and development plan may be permitted by the city council, provided that an application indicating such changes is submitted by the developer or his successors in interest, and provided that it is found that any such changes are in accordance with all regulations in effect when the changes are requested. Changes other than those indicated shall be processed as for a new application for a PUD.
    7. Deviations from approved plans. Deviations from the approved plans or failure to comply with any requirement, condition, or safeguard imposed by the city council during approval or platting procedure shall constitute a violation of this chapter.
    8. Building permits. Final approval of the PUD does not constitute approval for the construction of individual buildings or structures in the development. Separate approval shall be required upon application for building permits.

(Code 2011, § 17.36)

17.37 Cluster Subdivisions

  1. Intent. The intent of the cluster subdivision provisions is to promote imaginative, well-designed subdivisions which preserve open space, respect the physical qualities of the land, and reduce the cost of a subdivision.
  2. Unified control. All land included for development as a cluster subdivision shall meet the requirements of unified control for planned unit developments in subsection 17.36(4).
  3. Permitted uses. Single-family detached and two-family dwellings.
  4. General requirements. All permitted uses shall be subject to the accessory use and structure, sign, height, and parking requirements of the district in which it is located.
  5. Area and density requirements. A tract of land proposed for development as a cluster subdivision shall contain a minimum area of one acre and a maximum density of eight dwelling units per net acre.
  6. Lot area requirements. All single-family detached dwellings shall have a minimum lot area of 3,600 square feet, front yard of ten feet, rear yard of 20 feet, and side yards of five feet each. All two-family dwellings shall have a minimum lot area of 4,800 square feet (2,400 square feet per dwelling), front yard of ten feet, rear yard of 20 feet, and side yards of six feet each. No principal residential structure shall be located closer than ten feet from any exterior boundary of the tract.
  7. Common open space requirements. There shall be a minimum open space requirement of 35 percent of the total net acreage of the tract. Common open space areas shall be subject to the conditions for such areas as specified in section 17.32(9).
  8. Procedures for approving cluster subdivision developments. Approval of a cluster subdivision is subject to the following conditions:
    1. Preapplication conference. Prior to initiating a request for a special exception, a preapplication conference with the city plan commission is required. The purpose of such preapplication conference shall be to assist in bringing the overall proposal as nearly as possible into conformity with these regulations applying generally to the property involved and to define specifically those variations from general regulations which appear justified in view of equivalent service of the public purposes of such regulations.
    2. Concept plan. A concept plan shall accompany the application meeting the requirements for a PUD in section 17.36(12).
    3. City plan commission recommendation and city council approval. After conferences with the applicant and a public hearing, the city plan commission, in accordance with section 17.47, may recommend to the city council to approve, disapprove, or approve subject to stated stipulations and conditions, a request for a special exception. In making its decision, the city plan commission shall find that plans, maps, and documents submitted by the applicant have met the requirements of these regulations. Council approval applies to the concept plan and request for a special exception only. Final council approval is necessary for the final plan according to subdivision procedures.
    4. Binding nature of approval. All terms, conditions, safeguards, and stipulations made at the time of approval of the cluster subdivision shall be binding upon the applicant or any successor in interest. Deviations from approved plans or failure to comply with any requirement, condition, or safeguard shall constitute a violation of these zoning regulations.
    5. Preliminary and final plans. Plans for development of land approved for a cluster subdivision shall be processed in accordance with standard subdivision review procedures established by the city. The same information and data shall be furnished at each stage of plan approval as is required for a standard subdivision development.

(Code 2011, § 17.37)

17.38 Industrial Development

  1. Intent. It is the intent of this section to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control, and to ensure that the community is adequately protected from potential hazardous and nuisance like effects.
  2. Standard of operation.
    1. Vibration.
      1. No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. The term "vibration perception threshold" means the minimum ground or structure borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
      2. Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the standard in subsection (2)(a)1 of this section.
    2. External lighting. No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the industrial district boundaries.
    3. Odor. No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor, as defined in Wis. Admin. Code § NR 154.18.
    4. Particulate emissions. No operation or activity shall emit any particulate matter into the ambient air which exceeds the limitations as established in Wis. Admin. Code § NR 154.11.
    5. Visible emissions. No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Wis. Admin. Code § NR 154.11(6).
    6. Hazardous pollutants. No operation or activity shall emit any hazardous substances in such a quantity, concentration, or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Wis. Admin. Code § NR 154.19.
  3. Administration. Determinations necessary for the administration and enforcement of this section range from those which can be made by a reasonable person using normal senses and no mechanical equipment, to those requiring substantial technical competence and complex equipment. It is the intent of this chapter that the methods to be used in determining compliance shall be the responsibility of the building inspector subject to the following procedures:
    1. Approval of building permits. Prior to approving a zoning permit for any industrial use or change thereof, the building inspector shall have received from the applicant evidence or assurance that the proposed use or changing use will satisfy the air quality, noise, vibration, and exterior lighting standards of this section.
    2. Violation of standards. Whenever the building inspector has reason to believe the air quality, noise, vibration, and exterior lighting standards of this section have been violated, he shall give written notice by certified mail to the person responsible for the alleged violation. Such notice shall describe the alleged violation and shall require an answer or correction of the alleged violation within 30 days. Failure to reply or correct the alleged violation within 30 days may cause the city to take lawful action to cause correction as provided in this chapter or to refer the alleged violation to the state department of natural resources.

(Code 2011, § 17.38)

17.39 Mobile Home Park

  1. Intent. It is the intent of this section to provide limited opportunities for mobile home parks as a means of providing balance and variety to housing in the city.
  2. Character of tract. Each mobile home park tract shall be suitable for the development proposed recognizing and preserving to the maximum extent practicable outstanding natural features. Every mobile home park shall be located on a well drained area and the premises shall be properly graded so as to prevent the accumulation of stormwater or other waters. No mobile home park shall be located in any area that is situated so that drainage or contaminated liquids or solids can be deposited on its location.
  3. Access. Access shall be designed for safe and convenient movement of traffic into and out of the park. All vehicular traffic into and out of the park shall be through designated entrances and exits.
  4. Streets. All sites shall abut upon a street. For a two-way street, the width shall be at least 32 feet if parking is to be permitted on both sides of the street; 25 feet in width if parking is permitted on only one side; or 18 feet in width if parking on the street is prohibited. A one-way street shall be at least 14 feet in width and parking is prohibited unless the width is appropriately increased.
  5. Sites. Each site shall be clearly defined and delineated. The basic dwelling unit shall not occupy more than 25 percent of the site area and the basic dwelling unit and all accessory buildings shall not occupy more than 35 percent of the site area. Each site shall contain a concrete slab not less than ten feet by 20 feet in dimension for a carport or patio. Such slab shall not be required until after the mobile home is in position.
  6. Buffer area. A buffer area, not less than 25 feet in width, may be required along public streets and mobile home park boundaries. Such buffer strip may be used for drainage structures and utility easements but shall not be used for any other purpose. All such buffer strips shall be planted in suitable ground cover material.
  7. Recreation area. Ten percent of the gross area of the park shall be developed for recreational purposes; provided, however, that the minimum recreation area shall be two acres. No mobile home site, required buffer strip, street right-of-way, storage area, or utility easement, or facility shall be computed as recreation area in meeting this requirement. Recreation areas and facilities shall be owned and operated by park management.
  8. Off-street parking. Two off-street parking spaces shall be provided for each site. One parking space for each 200 square feet of nonstorage floor space shall be provided for offices, recreation facilities, and the like.
  9. Accessory uses and structures.
    1. See section 17.16(3) of this chapter.
    2. Park recreation facilities, including room or center, courts for games, and the like.
    3. Park offices, maintenance, and laundry facilities.
    4. Enclosed storage structures and storage garage facilities, with use limited to park residents only.
  10. Garbage and trash. Each mobile home site shall be provided with at least one garbage container of not less than a 20-gallon capacity, so located as to be obstructed from view from the roads within and without the park. All such containers shall be leakproof, nonabsorbent and equipped with tightfitting covers.
  11. Utilities. Each mobile home site shall be connected to central water and sewer. No individual water supply or sewage disposal system shall be permitted in any mobile home park. Each site shall also be provided with electrical power and central gas, if used, and shall be serviced by individual meters.
  12. Management.
    1. Maintenance by management. The park management shall maintain an office in the park or in close proximity for immediate communication. It is the duty of the mobile home park owner or operator to:
      1. Keep a register which is to be open at all reasonable times and upon reasonable notice to inspection by appropriate state and local officials, of all owners of mobile homes located in the park.
      2. Maintain the park in a clean and orderly condition at all times.
      3. Cooperate with local health officers in all cases of communicable diseases.
    2. Maintenance by occupants. All occupants shall maintain their site in a clean, orderly, and sanitary condition and abide by all regulations and park rules.
  13. Park license. No person shall establish, operate, or maintain a mobile home park within the city without first obtaining a license from the city council. Such license shall expire one year from the date of issuance, but may be renewed under the provisions of this chapter for additional periods of one year. The application for a license or renewal shall be made on forms furnished by the city clerk and shall include the name and address of the owner of the mobile home park, if the park is owned by someone other than the applicant, a duly verified statement by that person that the applicant is authorized by him to construct or maintain the park and make application shall be provided, and such legal description of the premises upon which the park is or will be located. The application for a new mobile home park license shall be accompanied by ten copies of the park site plan and other information necessary to ensure compliance with these regulations.
  14. License revocation and suspension. The city council may revoke or suspend a license after a hearing is held in accordance with Wis. Stats. § 66.0435(2).
  15. Inspection. An annual sanitary survey (inspection) shall be conducted by the building inspector in accordance with Wis. Admin. Code ch. HSS 177(11).
  16. Fees. The application for each license shall be accompanied by a fee of $2.00 for each space in the existing or proposed park, but not less than $25.00 nor more than $100.00. The city shall collect a fee of $10.00 for each transfer of a license.

(Code 2011, § 17.39)

17.40 Floodplain Development

  1. Findings. The uncontrolled use of the floodplain, rivers, or streams of the city adversely affects the public health, safety, convenience, and general welfare.
  2. Intent. The floodplain regulations are intended to provide a uniform basis for the preparation, implementation, and administration of sound floodplain regulations to:
    1. Protect life, health, and property.
    2. Minimize expenditures of public monies for costly flood control projects.
    3. Minimize rescue and relief efforts generally undertaken at the expense of the general public.
    4. Minimize business interruptions.
    5. Minimize damage to public facilities on the floodplain, such as water mains, sewer lines, streets, and bridges.
    6. Minimize the occurrence of future flood blight areas on floodplains.
    7. Discourage the victimization of unwary land and home buyers.
  3. General standards applicable to all floodplain districts.
    1. No development, except as provided in subsection (3)(b) of this section, shall be allowed in floodplain areas which will cause an obstruction to flow, will cause an increase equal to or greater than 0.01 foot in the height of the regional flood or will adversely affect existing drainage courses or facilities.
    2. Obstructions or increases equal to or greater than 0.01 foot may be permitted, but only if amendments are made to this chapter, the official floodplain zoning maps, including floodway lines, and water surface profiles in accordance with section 17.51, and only if the total cumulative effect of the proposed development will not increase the height of the regional flood more than one foot for the affected hydraulic reach of the stream.
    3. The building inspector shall deny permits when it is determined the proposed development will cause an obstruction to flow or increase in regional flood height of 0.01 foot or greater.
  4. Special provisions for flood fringe areas. No developments in flood fringe areas shall materially affect the storage capacity of floodplains, based upon an equal degree of hydrologic encroachment (volume of the storage area which is lost). For the purpose of this subsection, the term "materially" is defined as any surface profile of 0.1 feet. Such developments may be permitted only if amendments are made to this chapter pursuant to section 17.51; provided, further, that the total cumulative allowable increase in height of the regional flood for any given reach of a stream shall not exceed one foot.
  5. Procedures for determining floodway and flood fringe areas in the general floodplain district. When any developments are proposed within the general floodplain district, a determination shall be made to establish the boundaries of the floodway and determine whether floodway or flood fringe uses apply and, where applicable, to determine the regional flood elevation. Upon receiving an application for development, the building inspector shall:
    1. Require the applicant to submit, at the time of application, two copies of an aerial photograph, or a plan which accurately locates the floodplain proposal with respect to the floodplain district limits, channel of stream, existing floodplain developments, together with all pertinent information such as the nature of the proposal, legal description of the property, fill limits and elevations, building floor elevations, and floodproofing measures.
    2. Require the applicant to furnish any of the following additional information as is deemed necessary by the department of natural resources for evaluation of the effects of the proposal upon flood flows and to determine the boundaries of the floodway and, where applicable, the regional flood elevation.
      1. A typical valley cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high-water information.
      2. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, size, location, and spatial arrangement of all proposed and existing structures on the site, location, and elevations of streets, water supply, sanitary facilities, soil types, and other pertinent information.
      3. Profile showing the slope of the bottom of the channel or flow line of the stream.
      4. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage of materials, water supply, and sanitary facilities.
    3. Transmit one copy of the information described above to the department of natural resources along with a written request to have that agency provide technical assistance to establish floodway boundaries and, where applicable, provide regional flood elevation.
  6. Floodproofing. Floodproofing measures, such as the following, shall be designed to withstand the flood velocities, forces, and other factors associated with the regional flood to ensure protection to the flood protection elevation. No permit or variance shall be issued until the applicant submits a plan or document certified by a registered professional engineer or architect that the floodproofing measures are adequately designed to protect the flood protection elevation for the particular area. All floodproofing shall provide anchorage to resist flotation and lateral movement. Other floodproofing measures may include:
    1. Installation of watertight doors, bulkheads, and shutters.
    2. Reinforcement of walls and floors to resist pressures.
    3. Use of paints, membranes, or mortars to reduce seepage of water through walls.
    4. The above floodproofing measures shall ensure that structural walls and floors are watertight to the flood protection elevation and completely dry during flooding without human intervention, pursuant to this subsection.
  7. Compliance. Compliance with the provisions of this section shall not be grounds for removal of lands from the floodplain district unless such lands are filled to a height of at least two feet above the elevation of the regional flood for the particular area and are contiguous to other lands lying outside the floodplain district, approval has been granted by the department of natural resources pursuant to section 17.47 and, where required, an official letter of map amendment has been issued by the Federal Insurance Administration.
  8. Warning and disclaimer of liability. The degree of flood protection intended to be provided by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain district boundaries or land uses permitted within such district will always be totally free from flooding or flood damage, nor shall this chapter create liability on the part of, or a cause of action against, the city, or any officer or employee thereof, for any flood damage that may result from reliance on this chapter.

(Code 2011, § 17.40)

1946-2025