(a)

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The building inspector, in applying the provisions of this section, shall in writing recite the particular facts upon which he bases his conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the plan commission may affirm, modify, or withdraw the determination of unsuitability.

(b)

All lots shall abut upon a public street, and each lot shall have a minimum frontage of 30 feet.

(c)

All principal structures in single-family and two-family residential districts shall be located on a lot, and only one principal structure shall be located, erected, or moved onto a lot. The plan commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the plan commission may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.

(d)

No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(e)

Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The front yards on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the front yards required in both districts.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

Generally. The following restrictions and regulations shall apply:

(1)

Permitted uses. Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district.

(2)

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

(3)

Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the plan commission in accordance with article IV, division 2 of this chapter.

(4)

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the zoning board of appeals after the plan commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted by the zoning board of appeals.

(5)

Temporary uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the zoning board of appeals.

(b)

Conceptual approval. Conceptual approval of group housing, multiple-family, commercial, industrial, or mixed use projects may be granted by the plan commission. Such conceptual approval shall serve as a notice of intent to formally approve a project when detailed plans meeting the requirements of this chapter and conditions set by the plan commission are submitted in a formal building permit application. Conceptual approval shall not, however, be binding on the plan commission or the city council. The plan commission may require a public hearing conforming to the procedures set forth in section 94-281 of this chapter.

(Ord. No. 566-12, § 1, 2-13-2012)

No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, or other required for a structure or use shall be used for any other structure or use.

(Ord. No. 566-12, § 1, 2-13-2012)

The yard requirements stipulated elsewhere in this chapter may be modified as follows:

(1)

Uncovered stairs, landings, and fire escapes may project into any yard but shall not exceed six feet, nor be closer than three feet to any lot line.

(2)

Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard, but such projection shall not exceed two feet.

(3)

Residential fences, including hedges or row planting and walls: All fences placed on property zoned or used for residential purposes shall comply with the following provisions:

a.

Side and rear yard setbacks. Fences in or adjacent to a residential property shall have a minimum of two-foot side and rear yard setbacks unless adjoining property owners have consented in writing to install a fence on the property line.

b.

Side and rear yard fence height. Fences shall not exceed a height of six feet in the side and rear yards.

c.

Front yard fences. Fences are permitted on the property line in the front yard(s), but shall not exceed a height of three feet and shall be of minimum 50 percent open type.

d.

Materials and construction.

1.

Walls and fences shall be constructed of high quality materials, such as decorative blocks, brick, stone, treated wood, wrought iron, plastic and vinyl.

2.

No fence shall have sharp or pointed pickets dangerous to life or limb.

3.

No fence or other structure containing barbed wire of other dangerous material shall placed on residentially-zoned property or within four feet of any public street, sidewalk or alley.

4.

Fences shall be constructed so that the structural supporting elements are located on the side which is visible to the fence owner (inside) so that the structure/supporting elements of the fence are less visible to adjoining properties and public rights-of-way.

(4)

Security fences are permitted in all districts except property zoned or used for residential purposes. Security fences shall not exceed ten feet in height and shall be of an open-type similar to woven wire or wrought iron fencing. No barbed wire or electrical fences may be erected or maintained except in Ag. zoning.

(5)

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.

(6)

Off-street parking is permitted in all yards of the B-1 and B-2 business districts and I-1, I-2 and I-3 industrial districts, but shall not be closer than ten feet to any public right-of-way.

(7)

Essential services, utilities, and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(8)

Landscaping and vegetation are exempt from the yard requirements of this chapter.

(Ord. No. 566-12, § 1, 2-13-2012; Ord. No. 608-19, § 1, 11-11-2019)

Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.

(Ord. No. 566-12, § 1, 2-13-2012)

The required street yard, or setback, may be decreased in any residential district to the average of the existing street yards of the abutting structures on each side, but shall in no case be less than 15 feet.

(Ord. No. 566-12, § 1, 2-13-2012)

Structures shall provide a front yard setback as required by this chapter on the street that the structure faces. A second front yard setback shall be provided on the side of the structure abutting a public or private street. See "yard types" figure in section 94-6 of this chapter.

(Ord. No. 566-12, § 1, 2-13-2012)

The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:

(1)

Architectural projections. Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues, and chimneys, are exempt from the height limitations of this chapter.

(2)

Special structures. Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lofts, radio and television receiving antennas, dish antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smoke stacks, are exempt from the height limitations of this chapter.

(3)

Essential services. Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.

(4)

Communication structures. Communication structures, such as radio and television transmission and relay towers, aerials, and observation towers, shall not exceed in height three times their distance from the nearest lot line.

(5)

Agricultural structures. Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.

(6)

Public or semipublic facilities. Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, and governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.

(Ord. No. 566-12, § 1, 2-13-2012)

The lawful nonconforming use of a structure, land, or water existing at the time of the adoption or amendment of this chapter, may be continued although the use does not conform with the provisions of this chapter; however:

(1)

Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.

(2)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the city's equalized value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.

(Ord. No. 566-12, § 1, 2-13-2012)

If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this chapter.

(Ord. No. 566-12, § 1, 2-13-2012)

In accordance with Wis. Stats. § 62.23(7)(hc), a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation may be restored to the size, location, and use that it had immediately before the damage or destruction occurred, or it must comply with the requirements of this ordinance.

(1)

The size of such nonconforming structure may be enlarged if such enlargement is made necessary for the structure to comply with applicable state and federal requirements.

(Ord. No. 566-12, § 1, 2-13-2012)

A lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter; however, it shall not be extended, enlarged, reconstructed, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.

(Ord. No. 566-12, § 1, 2-13-2012)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the zoning board of appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the zoning board of appeals.

(Ord. No. 566-12, § 1, 2-13-2012)

Residential structures which encroach upon setback and other yard requirements, but which met setback and yard requirements at the time of construction, may be structurally altered provided they do not create a greater degree of encroachment.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 50 feet wide and 7,500 square feet in area, may be used as a single-family building site; provided that the use is permitted in the zoning district; provided that the lot is on record in the county register of deeds office prior to the effective date of this chapter; provided that the lot is in separate ownership from abutting lands; and provided that all requirements of the county sanitary ordinance are met.

(b)

If two or more substandard lots with continuous frontage have the same ownership as of the effective date of this chapter, the lots involved shall be considered to be an individual parcel for the purpose of this chapter and no portion of such parcel shall be used, divided, or sold which does not meet the lot area and lot width requirements for the district in which it is located.

(c)

Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance by the board of appeals.

(Ord. No. 566-12, § 1, 2-13-2012)

Performance standards are established to minimize conflicts among land uses, to preserve the use and enjoyment of property, and to protect the public health, safety and welfare. These standards shall apply to all uses of land or structures and are in addition to any requirements applying to specific zoning districts. In determining compliance with the performance standards of this section, planning and zoning staff may refer any matter to such governmental agencies or other entities as deemed necessary to obtain their review and comments as to such compliance.

(Ord. No. 566-12, § 1, 2-13-2012)

No use or structure shall be operated or occupied as to create the emission of smoke, particulate matter, noxious gas, or other air emission in such an amount or to such degree as to constitute a hazardous condition or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities or otherwise as to create a public nuisance. All uses shall comply with the standards governing air emissions as regulated by the local, state, or other designated agency.

(Ord. No. 566-12, § 1, 2-13-2012)

All activities involving the manufacturing and storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed or stored only within completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system.

(Ord. No. 566-12, § 1, 2-13-2012)

No activity shall emit glare or heat that is visible or measurable at the boundaries of the lot on which the principal use is located. All operations producing intense glare or heat shall be conducted within a completely enclosed building. External lighting shall be shielded so that light rays do not adversely affect adjacent uses.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

No activity shall locate, store, discharge or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that would be likely to run off, seep, percolate or wash into surface or subsurface waters so as to contaminate, pollute, or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be harmful to human, animal, plant, or aquatic life.

(b)

In addition, no activity shall discharge any liquid, gaseous, or solid materials so as to exceed or contribute toward the exceeding of the minimum standards and those other standards and the application of those standards set forth in Wis. Admin. Code ch. NR 102 for all navigable waters in the city.

(Ord. No. 566-12, § 1, 2-13-2012)

No use or structure shall be operated or occupied as to create noise in such an amount or with such recurrence or at such time of day as to constitute a hazardous condition or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities or otherwise as to create a public nuisance. All uses shall comply with the standards governing noise as regulated by the local, state, or other designated agency.

(Ord. No. 566-12, § 1, 2-13-2012)

Except in the A-1 district, no operation or activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious, or unhealthful outside the premises as defined in Wis. Admin. Code ch. NR 429.

(Ord. No. 566-12, § 1, 2-13-2012)

No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

No operation or activity in any district, except the I-1 and I-2 districts, shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a 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.

(b)

Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.

(Ord. No. 566-12, § 1, 2-13-2012)