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Kewaunee City Zoning Code

ARTICLE IV

SUPPLEMENTAL REGULATIONS

DIVISION 1. - SUPPLEMENTAL USES

The following section contains standards relevant for each individual supplemental use and are in addition to the applicable regulations in article III of this chapter.


Sec. 94-41. - Accessory structures.

(a)

Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction.

(b)

Residential accessory uses shall not involve the conduct of any business, trade, or industry except home occupations and professional offices as defined in this chapter.

(c)

Accessory uses include incidental repairs; storage; parking facilities; gardening; servant's, owner's, itinerant agricultural laborer's, and watchman's quarters not for rent; private swimming pools; and private emergency shelters.

(d)

Accessory uses, except those within the principal residence, and detached accessory structures are permitted in the rear yard only; they shall not be closer than ten feet to the principal structure, shall not exceed 15 feet in height, and shall not occupy more than 20 percent of the rear yard.

(Ord. No. 566-12, § 1, 2-13-2012)

Sec. 94-42. - Antennas.

The following regulations shall apply to all terrestrial and dish antennas, with the exception of satellite antennas with a diameter of three feet or less:

(1)

All freestanding terrestrial antennas and roof antennas shall meet the height requirements for the district in which they are located.

(2)

Ground-mounted satellite dish antennas shall not exceed 15 feet in height.

(3)

All freestanding terrestrial antennas shall be located not less than one foot from a lot line for each one foot of height above the surrounding grade.

(4)

Roof-mounted antennas may be mounted one foot above the roofline for each one foot from the nearest lot line.

(5)

All satellite dish antennas shall be located not less than five feet from a side or rear lot line.

(6)

All antennas, including satellite dish antennas, shall be constructed and anchored in such a manner to withstand winds of not less than 80 miles per hour and such installations shall be constructed of noncombustible and corrosive resistant materials.

(7)

All antennas, including satellite dish antennas, shall be filtered and/or shielded so as to prevent the emission or reflection of electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the dish antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(8)

Not more than one terrestrial and one satellite dish antenna per dwelling unit shall be permitted on a lot or parcel in a residential zoning district.

(9)

Satellite dish antennas shall be located and designed to reduce their visual impact on surrounding properties.

(10)

Portable or trailer-mounted antennas are not permitted with the exception of temporary installation for on-site testing and demonstration purposes for a period not to exceed two days at any one location.

(Ord. No. 566-12, § 1, 2-13-2012)

Sec. 94-43. - Home occupations.

(a)

The use of the residential dwelling for the home occupation shall be clearly incidental and subordinate to its residential use and shall not occupy more than 20 percent of the total floor area.

(b)

Only one person other than a member of the immediate family living on the premises may be employed to work on the premises.

(c)

No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation or use shall be provided off the street and other than in the required street yard.

(d)

On-site retail sales is limited to goods produced by such occupation on the premises.

(e)

A home occupation includes such things as babysitting, millinery, dressmaking, canning, laundering and crafts, but does not include the display of any goods, nor such occupations as barbering, beauty shops, dance schools, real estate brokerage or photographic studios.

(f)

When a home occupation and a professional office are conducted in the same residence, the total combined floor area for such uses shall not exceed 30 percent of the total floor area.

(Ord. No. 566-12, § 1, 2-13-2012)

Sec. 94-44. - Manufactured homes.

(a)

A manufactured home within this ordinance shall be considered a single-family dwelling. Therefore, manufactured homes are an allowed use in zoning districts where single-family dwellings are a principal use provided that:

(1)

To help ensure that the manufactured home is compatible with site-built housing, the manufactured home shall comply with the following design standards:

a.

The manufactured home is set on an enclosed foundation in accordance with Wis. Stats. § 70.043(1), and subchapters III, IV, and V of ch. Comm 21, Wis. Admin. Code. The building inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.

b.

The manufactured home shall be securely anchored to its foundations with tie-downs, having a minimum tensile strength of 2,800 pounds, and the anchors embedded in concrete to withstand the tie-down strain. The amount of tie-downs shall be guided by the manufactured home manufacturer's recommendations provided there are no less than four tie-downs.

c.

The manufactured home is installed in accordance with the manufacturer's instructions and is properly connected to utilities.

d.

The hitch and wheels must be removed.

e.

The roof must be double pitched so that there is at least a three-inch vertical rise for each 12-inch of horizontal run and covered with material that is residential in appearance, including but not limited to, approved wood, asphalt, composition or fiberglass shingles, but excluding corrugated aluminum or corrugated fiberglass. The roof shall have a minimum eight-inch roof overhang on each of the dwelling's perimeter walls such that the overhang is architecturally integrated into the design of the dwelling.

f.

The dwelling shall have exterior siding material that is residential in appearance and consist of either wood, masonry, concrete, stucco, clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingle shakes or similar material, but excluding smooth, ribbed or corrugated metal or plastic panels. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

(2)

All other zoning district regulations shall apply.

(Ord. No. 566-12, § 1, 2-13-2012)

Sec. 94-45. - Private swimming pools.

(a)

Swimming pool in this ordinance means any artificial body of water used or intended to be used for wading or swimming, having a depth at any point greater than 24 inches or with a surface area exceeding 200 square feet, constructed, installed or maintained in-ground or above ground, outside or as an accessory to a residential building or private property.

(b)

Permit. All private swimming pools shall require a building permit except those exempted in subsection (c), below. Application for permits shall be accompanied by plans, before construction commences. Plans submitted shall included a plot plan detailing location and easements, dimensions, depths, volume of gallons, type and size of filter system and waste disposal system.

(c)

Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of less than two feet and which are so constructed that they may be readily disassembled for storage and reassembled to their original integrity, are exempt from the provisions of this section. Spas and hot tubs with lockable tops are also exempt.

(d)

Construction and maintenance.

(1)

Every swimming pool shall be so designed and constructed as to facilitate cleaning and shall be maintained and operated in such a manner as to be clean and sanitary at all times.

(2)

Every swimming pool shall be designed, constructed and maintained so that it will not create a hazard to health, safety or the general welfare, and will not be detrimental to the neighborhood or to the residents thereof.

(3)

All buildings or structures to be erected under the provisions of this section shall conform to the requirements of this Code for setbacks and area requirements for accessory structures for the zoning district of the property. Swimming pools shall not be located in the front yard, nor less than five feet from any lot line or building wall.

(4)

Any lights illuminating such swimming pool shall be so erected as to eliminate direct rays and minimize reflected rays of light onto adjoining properties and roadways.

(5)

Except as provided in subsections (6) and (7) below, a fence not less than four feet in height but not to exceed six feet in height shall completely surround all swimming pools. There shall be no openings, holes or gaps larger than four inches in any dimension. All gates or doors opening through such enclosure shall be kept securely closed at all times while unattended and shall be equipped with a self-closing and self-latching device capable of keeping such door or gate securely closed. Such fences shall be erected in such manner that there shall be an apron of level surface at least three feet in width surrounding all sides of the pool and conform to the side yard requirements for accessory buildings.

(6)

A fence is not required around an above ground swimming pool where the pool wall is at least 42 inches in height above grade for the full pool perimeter, and provided that all ladders, steps or other means of access to the pool are removed and/or designed to prevent access when the pool is unattended.

(7)

The plan commission may also waive the fencing requirement for any pool with an approved safety pool cover that also complies with any site-specific safety and/or nuisance-related conditions placed upon such approval. An "approved safety pool cover" means a power-operated safety pool cover that meets all of the most-recent performance standards of the American Society for Testing and Materials (ASTM).

(8)

All swimming pools must be equipped with an adequate self-contained filtration and recirculating system detached from any potable water supply or waste disposal system.

(9)

Pools shall not drain into sanitary sewers, roadside ditches or neighboring properties. Pool wastewater may be used for irrigation by surface or subsurface spreading providing no hazard, nuisance or unsanitary condition will occur in the opinion of the health officer, building inspector or the director of public works.

(10)

All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.

(Ord. No. 566-12, § 1, 2-13-2012)

Sec. 94-71. - Authorized; procedure for issuance of permit.

The plan commission may authorize the building inspector to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community. The public hearing shall be held under the conditions outlined in article VI, division 3, of this chapter.

(Ord. No. 566-12, § 1, 2-13-2012)

Sec. 94-72. - Application for permit.

Applications for conditional use permits shall be made in duplicate to the building inspector on forms furnished by the building inspector and shall include the following:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a registered land surveyor showing all of the information required under section 94-223 of this chapter for a permit and, in addition, the following: Mean and historic high-water lines on or within 40 feet of the subject premises, and existing and proposed landscaping.

(4)

Additional information as may be required by the city plan commission, city engineer, or zoning, building, plumbing or health inspectors.

(Ord. No. 566-12, § 1, 2-13-2012)

Sec. 94-73. - Review of site and plans.

(a)

The plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewage and water systems, and the proposed operation.

(b)

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(c)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses. Variances shall only be granted as provided in article VI, division 2, of this chapter.

(Ord. No. 566-12, § 1, 2-13-2012)