Zoneomics Logo
search icon

Lake Winnebago City Zoning Code

ARTICLE V

Additional Regulations "Conditions"

Section 400.390 Additional Regulations ("Conditions") For Residential Uses Allowed in Agricultural, Residential and Planned Districts.

[Ord. No. 700 §1, 9-26-2007]
A. 
The additional regulations ("conditions") of this Section shall apply to permitted, special use and accessory uses as noted in Section 400.380 "Use Table".
1. 
Animals. The keeping of animals shall be permitted in accordance with the following provisions:
a. 
Permitted animals. Only dogs, cats, rabbits or other such pets may be permitted. No hogs, cows, horses, chickens, goats, poultry, birds, livestock or animals of any kind other than house pets shall be allowed.
b. 
Number of animals. The maximum number of each allowed animal shall be two (2) (i.e. two (2) dogs and two (2) cats are permitted).
c. 
Agricultural animals. Other animals not specified above may be permitted in an agriculturally zoned district in accordance with the standards of Section 400.400(2) "Agriculture, General".
2. 
Day care, limited (1 — 10 children). Limited day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider. The use will be considered a home occupation and be subject to the home occupation provisions of Section 400.450(B)(3) "Home Occupations". The use shall follow and be in compliance with all applicable State regulations.
3. 
Group home, limited (1 — 7 people). Group homes shall be subject to the following standards:
a. 
Spacing. A group home shall not be located within one thousand three hundred twenty (1,320) feet of another group home, measured at the shortest distance between any portion of the structure where persons reside.
b. 
Exterior appearance. If the group home is located in an "R-1" zoning district, there shall be no alteration of the property and structure where the group home is located that will change the character thereof as property and structure within a single-family dwelling district.
c. 
Neighborhood character. A group home shall be constructed to be compatible with the architectural character of the neighborhood in which it is located.
4. 
Modular home. Modular homes shall comply with the following standards:
a. 
All applicable Building Code requirements shall be followed.
b. 
The structure shall be placed on a permanent foundation.
5. 
Multi-family. Multi-family development shall be subject to the following design guidelines and standards:
a. 
Development plan review. Multi-family development shall be subject to development plan review in accordance with the procedures of Section 400.250 "Development Plan Applications".
b. 
Natural features and environment. Each site should be designed to preserve natural features and environmental resources, such as:
(1) 
Floodplains and drainage ways.
(2) 
Bodies of water.
(3) 
Prominent ridges and rock ledges.
(4) 
Existing tree cover including tree masses, windrows and significant individual trees.
c. 
Cut and fill. Excessive cut and fill are unacceptable. The development plan should preserve the natural topography of the site.
d. 
Storm drainage facilities. Drainage facilities shall be so constructed as to protect those that will reside in the multi-family development, as well as the property owners adjacent to the multi-family development. Such facilities shall be of such capacity to ensure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the development and shall comply with all applicable City standards.
e. 
Building separation. All buildings shall be separated by a minimum distance of fifteen (15) feet.
f. 
Lot coverage. Each site shall be designed to reflect unique site characteristics and strong neighborhood environments without overcrowding the site.
g. 
Access. All multi-family residential developments must have direct vehicular access to collector, arterial or higher classification streets.
h. 
Open space. Open space shall be provided to meet active and passive use requirements of the neighborhood. At least ten percent (10%) of the total site area shall be set aside as common open space. The common open space area shall be suitable for active or passive recreational use. Common open space areas should be centrally placed within the neighborhood. Common open space may include pools, tennis courts and tot lots. Common open space may not be counted toward nor located in required zoning district setbacks.
i. 
Building clustering. Unusable and unassigned open space surrounding buildings should be reduced by clustering buildings. Buildings should be clustered around a central common area and not have the primary orientation directed toward the parking area.
j. 
Building orientation.
(1) 
Individual buildings. Individual buildings should be oriented in a way that establishes neighborhoods and subneighborhoods.
(2) 
Reduction of unusable open space. Unusable open space should be reduced through building orientation, the use of low walls, fencing, landscaping and entry design.
k. 
Vehicular circulation and parking:
(1) 
Street layout. The layout of streets should provide for an interconnected street network which allows for the safe operation of vehicles within the development and surrounding neighborhood. Excessively wide streets encourage high speed traffic and should be avoided.
(2) 
Parking area layout. Double-loaded parking areas along private streets or drives are generally not acceptable. Parking areas should be clustered and separated from the street.
(3) 
Parking enclosures. Parking enclosures should be designed and sited so as to complement the primary structures and to provide visual relief from extensive pavement areas.
l. 
Pedestrian circulation:
(1) 
Pedestrian safety. Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide physical separation from vehicles along all public and private streets and within any parking area.
(2) 
Pedestrian access. Pedestrian access should be designed to provide reasonable linkages of dwelling units to neighborhood facilities, such as recreation, services, mail and parking.
(3) 
Landscaping details. Pedestrian systems should incorporate landscaping details to increase the visual interest and character of the neighborhood.
m. 
Landscaping. Landscaping should be designed in sufficient form, quantity and location to reduce, to the greatest extent possible, negative impacts affecting the site and adjacent properties and to increase the sense of neighborhood scale, character and identity. All landscape and buffer areas must conform to the requirements of Section 400.490 "Landscaping and Buffering".
n. 
Architectural design. The architecture of multi-family housing is a key element in determining the character of a neighborhood. The architecture should create a strong feeling of identity through design principles of scale, harmony, rhythm and balance.
(1) 
Elongated sites with rectangular, double-loaded building footprints should be avoided. These designs typically lack interest and fail to create a strong sense of neighborhood.
(2) 
The architectural design of each unit or building should impart a feeling of neighborhood scale. Units should be designed with vertical and horizontal offsets to break up roof lines, define private outdoor areas, allow greater views and admit light and air to unit interiors. Large, blank wall surfaces should be avoided. Windows and projecting wall surfaces should be used to break up larger wall surfaces and establish visual interest.
(3) 
The same level of architectural design and quality of materials should be applied to all sides of the building. The side and rear elevations, garages and all accessory structures should maintain the same level of design, aesthetic quality and architectural compatibility.
(4) 
Screening from the street of all outdoor refuse areas, ground-mounted mechanical equipment, utilities and banks of meters shall be provided. The screening of these items is to be architecturally compatible with major building components and should include landscaping.

Section 400.400 Additional Regulations ("Conditions") For Non-Residential Uses Allowed in Agricultural, Business and Planned Districts.

[Ord. No. 700 §1, 9-26-2007; Ord. No. 764 §1, 6-29-2011]
A. 
The additional regulations ("conditions") of this Section shall apply to permitted, special use and accessory uses as noted in Section 400.380 "Use Table".
1. 
Adult entertainment establishment.
a. 
Separation from other uses.
(1) 
No adult entertainment establishment shall be allowed to locate or expand to within one thousand two hundred fifty (1,250) feet of any residentially zoned lot, religious assembly, school, park or recreation use or child care center. This separation distance shall be measured as a straight line, without regard to intervening properties or structures, from the nearest exterior wall of the adult entertainment establishment to the nearest lot line of the lot that is zoned residential or that contains the religious assembly, school, park or recreation use or child care center.
(2) 
No adult entertainment establishment shall be allowed to locate or expand to within five hundred (500) feet of any business licensed to sell or serve alcoholic beverages. The separation distance shall be measured as a straight line, without regard to intervening properties or structures, from the nearest exterior structural wall of each business.
b. 
Separation from other adult entertainment establishments. No adult entertainment establishment shall be allowed to locate or expand within one thousand two hundred fifty (1,250) feet of any other adult entertainment use.
c. 
Access. Direct access to and from an adult entertainment establishment shall not be provided from a residential street, nor shall access be allowed through any private lot, private driveway or private street in a district zoned other than "B-1".
d. 
Frontage. The property on which the adult business is located shall have a minimum of one hundred (100) feet of street frontage.
e. 
Building and parking area setbacks. The minimum setback for the building that the establishment is located, and the off-street parking serving the establishment, shall be twenty (20) feet from the front property line and all property lines abutting a street right-of-way. The minimum setback for the building that the establishment is located, and the off-street parking serving the establishment, shall be ten (10) feet for all other property lines.
f. 
Off-street parking. All off-street parking serving the business shall conform to this Chapter. Off-street parking shall be provided at a ratio equal to that required for other comparable commercial businesses.
g. 
Parking area lighting. Lighting with a minimum light level of twenty-five hundredths (0.25) foot-candles must be provided over the entire parking area, but in no point shall the light level exceed three (3.0) foot-candles, nor shall any increase in light levels or visible glare be permitted at the lot line.
h. 
Screening. Appropriate screening shall be provided along all non-street facing lot lines. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees and shrubs. A berm and a solid or semi-solid fence or hedge not more than six (6) feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property.
i. 
Windows and doors. The building that the adult entertainment is located within shall be designated in such a fashion that all openings, entries and windows prevent views into such establishments from any sidewalk, walkway, street or other public area. Further, no merchandise or pictures or products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No adult entertainment activity shall take place partially or totally outside the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted
j. 
Signs. Adult entertainment establishments shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet. Said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Signs must meet all requirements of Article VIII "Signs".
2. 
Agriculture, general. General agriculture shall require a minimum site area of ten (10) acres.
3. 
Animal care and kennels. All outdoor animal runs, pens or enclosures shall be located at least seventy-five (75) feet from lot lines abutting residentially zoned districts, except that runs, pens or enclosures associated with a veterinary or animal hospital may be as close as twenty-five (25) feet. Kennels shall require a minimum lot size of three (3) acres.
4. 
Charitable institutions. Ingress and egress for charitable institutions shall be designed so as to minimize traffic congestion.
5. 
Communication towers. Communication towers shall be subject to the following standards:
a. 
Applicability.
(1) 
District height limitations. The requirements set forth in this Article shall govern the location of towers and antennas that are installed in all zoning districts. The height limitations applicable to buildings and structures shall not apply to towers and antennas.
(2) 
Public property. Antennas or towers located on property owned, leased or otherwise controlled by the governing authority shall comply with the requirements of this Article, in addition to the requirement that a license or lease authorizing such antenna or tower must have been approved by the governing authority.
(3) 
Amateur radio — receive-only antennas. This Article shall not govern any tower or the installation of any antenna that is under twelve (12) feet in height and is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.
(4) 
Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this Chapter shall not be required to meet the requirements of this Section, other than the requirements of Section 400.400(5)(b)(4) "Minimizing Number of Towers". Any such towers or antennas shall be referred to as "pre-existing towers" or "pre-existing antennas".
b. 
General guidelines and requirements.
(1) 
Purpose — goals. The purpose of this Section is to establish general guidelines for the establishment of towers and antennas. The goals of this Section are to:
(a) 
Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community.
(b) 
Encourage the location of towers on publicly controlled land and structures.
(c) 
Encourage strongly the joint use of new and existing tower sites.
(d) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(e) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.
(f) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(2) 
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this Article shall not be deemed to constitute the expansion of a non-conforming use or structure.
(3) 
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator or their designees an inventory of its existing towers that are either within the jurisdiction of the governing authority or within one-quarter (¼) mile of the border thereof, including specific information about the location, height and design of each tower. The Zoning Administrator or their designees may share such information with other applicants applying for special use permit approval or other organizations seeking to locate antennas within the City, provided however, that the Zoning Administrator or their designees is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4) 
Minimizing number of towers. Each applicant agrees to cooperate with the City and other applicants hereunder to accomplish the purpose and goals of this Section. The guidelines set forth in Section 400.400(5)(c)(4) "Availability Of Suitable Existing Towers Or Other Structures" shall govern the location of all towers and the installation of all antennas, provided however, that the City may waive those requirements if it determines that the goals of this Section are better served thereby.
(5) 
Aesthetics — lighting.
(a) 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(b) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.
(c) 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(d) 
Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the available lighting alternatives shall be reviewed with the special use permit approval process.
(6) 
Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the Federal Government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7) 
Building codes — safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the inspector concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the City may remove such tower at the owner's expense.
(8) 
Setbacks and separation. The following setbacks and separation requirements shall apply to all towers and antennas, provided however, that the City may reduce the standard setbacks and separation requirements if the goals of this Section would be better served thereby.
(a) 
Towers must be set back a distance equal to the height of the tower plus twenty (20) feet from any residential structure.
(b) 
Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements.
(c) 
Towers over ninety (90) feet in height shall not be located within one (1) mile from any existing tower that is over ninety (90) feet in height.
(9) 
Security fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device, provided however, that the City may waive such requirements as it deems appropriate.
(10) 
Landscaping. The following requirements shall govern the landscaping surrounding towers, provided however, that the City may waive such requirements if the goals of this Section would be better served thereby.
(a) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential areas; standard buffer shall consist of a landscaped strip at least four (4) feet wide on the residential side of the compound.
(b) 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(c) 
Special use permits.
(i) 
General. The following provisions shall govern the issuance of special use permits for communication towers:
a) 
In granting a special use permit, the governing authority may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
b) 
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(ii) 
Information required. Each applicant requesting a special use permit shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses and other information deemed by the City to be necessary to assess compliance with this Article.
(iii) 
Factors considered in granting special use permits. The Board of Aldermen shall consider the following factors in determining whether to issue a special use permit, although the Board of Aldermen may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Board of Aldermen concludes that the goals of this Section are better served thereby.
a) 
Height of the proposed tower.
b) 
Proximity of the tower to residential structures and residential district boundaries.
c) 
Nature of uses on adjacent and nearby properties.
d) 
Surrounding topography.
e) 
Surrounding tree coverage and foliage.
f) 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
g) 
Proposed ingress and egress.
h) 
Availability of suitable existing towers and other structures.
i) 
Availability of locating the tower or antenna on publicly controlled land or structures.
(iv) 
Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Aldermen that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of the following:
a) 
No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.
b) 
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
c) 
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
d) 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
e) 
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.
f) 
The applicant demonstrates that there are other significant limiting factors that render existing towers and structures unsuitable.
(d) 
Notice of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the City may remove such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
6. 
Convenience store and vehicle repair. The following regulations shall apply to all convenience stores which have gasoline pumps, vehicle repair uses and other businesses that sell gasoline or diesel fuel:
a. 
Traffic study. A traffic study shall be required for all automotive service stations that derive access from an arterial street or a collector where the nearest driveway is within five hundred (500) feet of an arterial street. The person preparing the report must be a registered engineer qualified to do traffic analyses. The cost of the study shall be borne by the applicant. The traffic study shall address potential external and internal concerns. All traffic concerns must be adequately addressed to promote safety and reasonable traffic flow.
b. 
Screening. Appropriate screening shall be provided along all lot lines abutting a residentially zoned property. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees and shrubs. A berm and a solid or semi-solid fence or hedge not more than six (6) feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property.
c. 
Design. The design location, colors and screening of the gas pumps shall be such that they are compatible with the design of the building.
7. 
Fireworks sales. Fireworks sales shall be subject to the following standards:
a. 
All fireworks sales shall be temporary and shall only be conducted from a temporary stand or tent.
b. 
Signs shall be allowed in accordance with Section 400.630(B) "Fireworks Sales Signs".
c. 
Stands shall only be located on property adjacent to State highway right-of-way.
8. 
Modular units as temporary facilities. Modular units serving as temporary or less-than-permanent facilities shall be subject to the following standards:
a. 
Building Code. All applicable provisions of the currently adopted Building Code shall be followed.
b. 
Expiration. The special use permit allowing the modular unit to be used as a temporary facility shall expire one (1) year after the approval date by the Board of Aldermen. The holder of the special use permit may apply for an extension of the special use permit by following the procedure outlined in Section 400.230 "Special Use Permit Applications".
9. 
Vehicle/equipment sales, vehicle/equipment storage yard and vehicle repair. All vehicle and equipment storage areas and parking areas must be hard-surfaced (with asphalt or concrete), dust-free and landscaped in accordance with Section 400.490 "Landscaping and Buffering".

Section 400.410 Additional Regulations ("Conditions") For Uses Allowed in All Districts.

[Ord. No. 700 §1, 9-26-2007; Ord. No. 764 §2, 6-29-2011]
A. 
The additional regulations ("conditions") of this Section shall apply to permitted, special use and accessory uses as noted in Section 400.380 "Use Table".
1. 
Cemeteries. The following standards shall apply to cemeteries, crematories and mausoleums:
a. 
Entrances. All ingress and egress areas shall be designed to minimize traffic congestion.
b. 
Screening. Appropriate screening shall be provided along all lot lines abutting a residentially zoned property. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees and shrubs. A berm and a solid or semi-solid fence or hedge not more than six (6) feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property.
2. 
Convalescent care. A minimum of seventy (70) square feet of usable outdoor open space shall be provided for each patient bed. This required open space may be designed to provide outdoor space for recreational activities or landscaped outdoor sitting areas.
3. 
Day care (commercial).
a. 
State licensing. Commercial day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features.
b. 
Occupational license. An occupational license shall be required prior to the establishment of a commercial day care.
c. 
Vehicle drop-off area. A loading zone capable of holding one (1) car per ten (10) licensed occupants shall be provided, in addition to the required parking area, in order to provide for easy pickup and discharge of passengers.
4. 
Golf courses.
a. 
Location of restaurants. Facilities such as restaurants and bars shall be allowed when an integral part of a principal clubhouse building, provided that restaurant signage not exceed six (6) feet in height and is not illuminated.
b. 
Location of recreation facilities. Buildings, swimming pools, tennis courts and similar recreational facilities shall be set back at least twenty-five (25) feet from any property line abutting a residentially zoned property.
5. 
Group home, general. Group homes shall be subject to the following standards when located in an "R-3" District.
a. 
Spacing. A group home to be located within an "R-3" District shall not be located within one thousand three hundred twenty (1,320) feet of another group home, measured as the shortest distance between any portion of the structure where persons reside.
6. 
Religious assembly. Churches and other places of religious assembly may be located in any zoning district, but are prohibited from locating within a platted residential subdivision due to conflicts with traffic and hours of operation.
7. 
3.1 Fireworks sales. Fireworks sales shall be subject to the following standards:
a. 
All fireworks sales shall be temporary and shall only be conducted from a temporary stand or tent.
b. 
Signs shall be allowed in accordance with Section 400.630(B) "Fireworks Sales Signs".
c. 
Stands shall only be located on property adjacent to State highway right-of-way.