Manawa City Zoning Code
ARTICLE III
Zoning Districts
§ 303-17 Establishment of districts.
[Amended 5-25-2006 by Res. No. 06-05]
For the purpose of this chapter, present and future, provision is hereby made for the division of the City of Manawa into the following 12 basic zoning districts:
One-Family Residence District (1R) | |
Two-Family Residence District (2R) | |
Multiple-Family Residence District (3R) | |
Local Business District (1B) | |
General Business District (2B) | |
Intensive Business District (3B) | |
Light Industrial District (LM) | |
General Industrial District (GM) | |
Public Use District (P) | |
Cultivation and Crop District (C-AG) | |
General Agriculture District (AG) | |
Wastewater Treatment Overlay District |
§ 303-18 Vacation of streets; annexations.
A.
Vacation of streets. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
B.
Annexations. Annexations to or consolidations with the city subsequent to the effective date of this chapter shall be place in the One-Family Residence District (1R), unless the annexation ordinance places the land in another district.
§ 303-19 Zoning Map; district boundaries.
A.
The City of Manawa is hereby divided into zoning districts as shown upon a map designated as the Official Zoning Map of the City of Manawa and made a part of this chapter. The Official Zoning Map and all the notations, references and other information shown thereon are a part of this Zoning Code and shall have the same force and effect as if the matters and information set forth by said map were fully described herein. The Official Zoning Map shall be properly attested and kept on file along with the text of the Official Zoning Regulations in the office of the City Clerk-Treasurer of the City of Manawa.
B.
The district boundaries shall be determined by measurement from and as shown on the Official Zoning Map, and in case of any question as to the interpretation of such boundary lines, the Plan Commission shall interpret the map according to the reasonable intent of this Zoning Code. Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter-section or sixteenth-section lines; or the center lines of streets, highways, railways or alleys.
§ 303-20 Interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following city boundaries shall be construed as following municipal boundaries.
D.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E.
Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.
F.
Boundaries indicated as parallel to or extensions of features indicated in the preceding subsections shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
§ 303-21 One-Family Residence District (1R).
A.
Uses permitted:
(1)
One-family dwellings.
(2)
See Appendix A for 1R.
(3)
Accessory buildings and accessory uses.
(4)
One sign not exceeding 10 square feet in area for the lease, hire or sale of the premises on which the sign is located.
B.
Conditional uses.
(1)
Conditional uses permitted:
(a)
Home occupations.
[Amended 1-3-2000]
[1]
Any occupation or hobby for gain or support conducted entirely on the premises by resident occupants, which occupation or hobby is customarily incidental to the principal use of premises in the residential zoning districts, is allowed as a conditional use, provided that:
[a]
The total area devoted to such home occupations shall not exceed 25% of the floor area of the building involved.
[b]
It uses only household equipment. Such equipment shall not create offensive noise, vibration, make dust, odors, heat, glare, pollution or result in interference of radio or television reception.
[c]
The occupation shall not require internal or external alterations or involve construction features not customary in a building.
[d]
No interior or exterior business sign shall be permitted unless, authorized by the sign regulations for residential districts.
[e]
The volume of vehicular or pedestrian traffic or park does not result in congestion or is in excess of what is normal in a residential neighborhood.
[2]
The following are the permitted home occupations, so long as they do not violate the provisions of Subsection B(1)(a)[1][a] through [e] above:
[a]
Dressmaking, sewing, tailoring and millinery.
[b]
Laundering (but not dry cleaning).
[c]
Sales of agriculture products limited to the growing season.
[d]
Printing, sculpturing or writing.
[e]
Telephone answering service.
[f]
Model making and rug weaving
[g]
Yard novelties, the display of which is limited to the lessor of 20% of the front yard area or 100 square feet.
[h]
Crafts.
[i]
Bicycle repair.
[j]
Office for a real estate or insurance agent, architect, accountant, clergyman, artist, author, musician or other professional office.
[k]
Musical instruction limited to four students simultaneously.
[l]
Tutoring limited to four students simultaneously.
[m]
Computer programming.
[n]
Filing or sharpening of saws.
[o]
Dog grooming.
[p]
Antiques - repair or restoration.
[q]
Gunsmithing.
[r]
Taxidermy (no studio).
[s]
Fishing tackle, repair and construction of.
[t]
Photography (no studio).
[u]
Babysitting, limited to four children simultaneously.
[v]
Woodworking and cabinetmaking.
[w]
Sale of worms and night
[x]
Mail order sales.
(b)
Colleges; convents; country clubs; golf clubs, private and public; libraries, institutional and religious; monasteries; musical institutes; nursery schools (child); swimming pools, public and private; recreation centers; and vocational schools, public.
(2)
The location of each such use shall have been approved by writing by the Zoning Board of Appeals. In approving such a location, the Board shall view the proposed site or sites and shall consider such evidence as may be presented bearing upon the general purpose and intent of this chapter to promote the public health, safety and general welfare and the specific purpose of this subsection to prevent the overcrowding of land and the development of housing blight.
C.
Regulations of the district.
(1)
Lot required. Each dwelling shall have a lot not less than 8,000 square feet in area nor less than 80 feet in minimum width; provided, however, that any lot that is less than 80 feet but greater than 65 feet and which was under separate ownership from adjoining lots at the time of the adoption of this chapter may present specific building plans and plot plans to the Zoning Board of Appeals for a request for a building permit.
(2)
Front yard required. In blocks having three or more main buildings at the time of the adoption of this chapter, the setback shall be not less than the average setback in the block nor less than 15 feet. In blocks having fewer than three main buildings at the time of the adoption of this chapter, the setback shall be a minimum of 25 feet from the street line.
(3)
Side yard required. Every main building not over 1 1/2 stories shall have two side yards, the sum of the widths of the required side yards being not less than 16 feet, with no single side yard less than six feet. For buildings from two to 2 1/2 stories high, the sum of the widths of the required side yards shall be not less than 20 feet, with no single side yard less than eight feet. The side yard provided on the street side of a corner lot shall comply with setback.
(4)
Rear yard required. Every main building shall have a rear yard of not less than 30 feet nor less than the height of the main building.
(5)
Building height limit. The building height limit shall be 2 1/2 stories, but not exceeding 35 feet in height.
(6)
Off-street parking. There shall be provided within the land area on which the main building is to be erected or immediately adjacent thereto parking space, in private garages or off-street parking areas, on the basis of one automobile space for each family or dwelling unit and, for places of public gathering, at least one automobile space for every five persons accommodated, except that schools shall provide parking space on the basis of one automobile space for each person gainfully employed on the premises, and for high schools an additional automobile space for every 30 students.
(7)
Private garage. An attached private garage shall be considered as part of the main building. Detached private garages on interior lots shall have a rear yard not less than four feet. Detached private garages for a corner lot shall be not less than five feet in back of the building line applicable to the side street.
(8)
Building area. No building with its accessory buildings shall occupy in excess of 40% of an interior lot nor in excess of 50% of a corner lot.
(9)
Minimum usable floor area. Within the city, no dwelling unit shall be constructed or remodeled to have less living area than the following minimum standards:
[Added 1-3-2000]
Dwelling Unit Type | Minimum Usable Gross Floor Area | ||
|---|---|---|---|
One-family detached dwelling | 960 square feet with a minimum width of 23 feet and no less than 600 square feet on the first floor if more than one story. | ||
Two-family dwelling | 1,700 square feet with no less than 80 square feet per family | ||
Townhouse-style attached single-family | 960 square feet | ||
Multiple-family | |||
Efficiency apartment | 400 square feet | ||
One-bedroom apartment | 500 square feet | ||
Two-bedroom apartment | 850 square feet | ||
Three-or-more-bedroom apartment | 1,000 square feet | ||
Mobile home | 600 square feet | ||
§ 303-22 Two-Family Residence District (2R).
A.
Uses permitted:
(1)
Uses permitted in One-Family Residence Districts, subject to all the provisions specified therefor in One-Family Residence Districts.
(2)
Two-family dwellings.
(3)
See Appendix A for 2R.
B.
District regulations.
(1)
Lot required. Each two-family dwelling shall have a lot of not less than 10,000 square feet in area nor less than 80 feet in width for interior lots, except that corner lots shall have a minimum width of 90 feet.
(2)
Height and setback requirements. Regulations for front yard, side yard, rear yard, building height, off-street parking and private garage shall be the same as in One-Family Residence Districts.
(3)
Building area. No building with its accessory buildings shall occupy in excess of 50% of an interior lot nor in excess of 60% of a corner lot.
§ 303-23 Multiple-Family Residence District (3R).
A.
Uses permitted: all uses indicated in Appendix A for 3R.
B.
Conditional uses permitted: mobile home parks, when the location of each such park shall have been approved, in writing, by the Zoning Board of Appeals.
(1)
In approving such a location, the Board shall view the proposed site or sites and shall consider such evidence as may be presented bearing upon the general purpose and intent of this chapter to promote the public health, safety and general welfare and the specific purpose of this subsection to prevent the overcrowding of land and the development of housing blight.
(2)
In addition, such mobile home parks shall meet the following requirements:
(a)
There shall be one parking space for each trailer in such park, and such parking space shall be graveled or paved with a dust-free material.
(b)
There shall be additional parking spaces for automotive vehicles within such park, surfaced as required in Subsection B(2)(a) above, equal to not less than 1 1/4 parking spaces for each trailer space.
(c)
Each trailer parking space shall not be less than 10 feet wide nor of less length than the length of the trailer to be parked therein plus five feet. Each automobile parking space shall be not less than nine feet wide and 160 square feet in area, exclusive of maneuvering and access space.
(d)
There shall be a system of driveways, graveled or paved with a dust-free material, providing access from each and every trailer or highway, provided that there shall not be more than two entrances from or exits to such street or highway from any one such park.
(e)
Each trailer space shall be separated from all other trailer spaces, automobile parking spaces or service buildings or structures within such park by open spaces, permanently planted to grass, flowers, shrubs or trees, which shall be not less than 15 feet wide, except that there need be no more than a five-foot setback from an access driveway; provided, however, that such five-foot setback shall apply to the longest trailer to be accommodated within such park.
(f)
Each mobile home park shall be completely surrounded, except for permitted entrances and exits, by a yard, in addition to all other required yards and open spaces, which shall not be less than 25 feet wide.
(g)
It shall be a condition of the granting of a permit for the establishment of such mobile home park and a continuing condition for the operation of the same that:
[1]
All parking spaces, walks and driveways shall be constructed and maintained so as to prevent the accumulation of surface water and the formation of substantial muddy areas.
[2]
Sanitary facilities at least equal to the requirements of the State Board of Health shall be established and maintained.
(h)
Any additional stipulations which are deemed appropriate to ensure the proper construction and/or maintenance of mobile home parks.
C.
District regulations.
(1)
Lot required. Every building shall have a lot area (including the off-street parking requirements hereinafter provided) of at least 14,000 square feet for a three-family unit and an additional 1,500 square feet for each additional family unit thereafter.
(2)
Front yard required. The setback shall not be less than the distances set forth under the One-Family Residence District.
(3)
Side yard required. Every main building shall have two side yards adjacent to the building, each of not less than 10 feet for one story, plus two feet of additional side yard on each side for each additional story, or 10 feet for a three-family unit, plus one foot for each additional family unit thereafter, whichever is greater, with a maximum requirement not to exceed 20 feet. No driveways or parking shall be in the above-required area.
(4)
Rear yard required. There shall be a rear yard adjacent to the building for a one-story building of not less than 10 feet, plus two additional feet for each additional family unit thereafter, whichever is greater, with a maximum requirement not to exceed 20 feet. No driveways or parking shall be in the above-required area.
[Amended 1-3-2000]
(5)
Building height limit. Buildings shall not exceed 45 feet in height.
(6)
Building area.
(a)
The main dwelling building shall have at least 2,700 square feet for three units and an additional 425 square feet for each additional unit.
(b)
The accessory buildings shall not occupy more than 30% of the rear yard.
§ 303-24 Local Business District (1B).
A.
Uses permitted: refer to uses indicated in Appendix A for 1B.
B.
District regulations.
(1)
Lot required. Each building which is used for dwelling purposes, in whole or in part, shall comply with the lot requirements of the One-Family Residence District. All other local business uses shall have a lot area greater than 5,000 square feet.
(2)
Front yard required. There shall be a front yard not less than required in the nearest adjoining zone on the same side of the street or 15 feet, whichever is more restrictive.
(3)
Side yards required. Each building which is used for a purpose specified in Appendix A for 1B shall not be required to maintain side yards. However, when the use abuts a residential district or is used for dwelling purposes, in whole or in part, the side yard requirements of the One-Family Residence District (1R) shall apply.
(4)
Rear yard required.
(a)
Each building used in part for dwelling purposes shall have a rear yard as required in the One-Family Residence District.
(b)
No rear yard shall be required for buildings used for other than dwelling purposes, if provisions are made for off-street loading space for the use of commercial vehicles serving such buildings and the storage and disposal of ashes, garbage and wastes and housing of utility meters and devices, all within the confines of the building on a floor at alley or street grade.
(5)
Building height limit. Building height limit shall be two stories but not exceeding 35 feet.
(6)
Off-street parking. There shall be an off-street parking area, graveled or paved with a dust-free material, provided within the area of the lot on which the building is located providing a minimum of five parking stalls for each 40 feet of frontage for commercial buildings, plus one parking stall for each full-time employee.
(7)
Approval of plans. Before the issuance of a building permit for the erection of any building or structure in the Local Business District, complete plot plans, floor plans and elevations must be submitted and approved by the City Council or its designee.
§ 303-25 General Business District (2B).
A.
Uses permitted:
(1)
Refer to uses indicated in Appendix A for 2B.
(2)
All uses permitted in the Local Business District.
B.
District regulations.
(1)
Lot required. Buildings must be on lots of adequate area to accommodate the building and off-street loading and parking requirements.
(2)
Front yard required. There shall be no front yard setback restrictions on uses abutting street rights-of-way of 70 feet or greater. When less than a seventy-foot right-of-way exists, the setback shall equal 70 feet minus the existing right-of-way width, divided by two.
(3)
Side yards required: same as § 303-24B(3).
(4)
Rear yard required: same as § 303-24B(4).
(5)
Building height limit. Building height limit shall be four stories but not exceeding 50 feet.
(6)
Off-street parking requirements. There shall be an off-street parking area, graveled or paved with a dust-free material, provided within the area of the lot on which the building is located providing a minimum of five parking stalls for each 40 feet of frontage for commercial buildings. (See conditions of Intensive Business District.)
[Amended 1-3-2000]
(7)
Approval of plans. Before the issuance of a building permit for the erection of any building or structure in the General Business District, a complete plot plan, floor plans and elevations must be submitted and approved by the Common Council or its delegate.
§ 303-26 Intensive Business District (3B).
A.
Uses permitted: refer to uses indicated in Appendix A for 3B.
B.
District regulations.
(1)
Lot required. The regulations for lot requirements, setback, side yard, rear yard, off-street loading and parking and building height shall be the same as in General Business Districts.
(2)
Special parking conditions for the Intensive Business District.
[Amended 1-3-2000]
(a)
Parking requirements in the Intensive Business District will be waived due to existing public parking provided and the nature of the Intensive Business District. This condition will apply to all commercial establishments located north of Third Street, west of Factory Street, east of the railroad siding and south of the Little Wolf River.
(b)
This exception in no way implies that uses in the above-mentioned area may not provide off-street parking as set forth in this chapter and other ordinances.
§ 303-27 Light Industrial District (LM).
A.
Uses permitted: refer to uses indicated in Appendix A for LM.
B.
District regulations.
(1)
Front, rear and side yards.
(a)
No minimum yard dimensions must be maintained unless the use abuts a residential or public use district, in which case yard regulations of the One-Family Residence District (1R) shall apply.
(b)
All front setback areas shall be open and unoccupied, except for landscaping and landscaping structures, including walls, entranceways, flagpoles, etc., and also including identity signs when incorporated as landscape features.
(2)
Height restrictions. There shall be no height restrictions.
(3)
Plot plan. A plot plan shall be submitted to the Common Council, or its delegate, and approved before the issuance of a building permit. Said plan shall show the front elevation, the setbacks, the off-street parking facilities, the loading facilities and the proposed landscaping.
(4)
Off-street parking. There shall be an off-street parking area, graveled or paved with dust-free material, provided within the industrial property providing a minimum of one car parking space per two employees, plus adequate parking space for visitors that will allocate one stall per every 500 square feet of office space.
§ 303-28 General Industrial District (GM).
A.
Uses permitted:
(1)
Refer to uses indicated in Appendix A for GM.
(2)
All uses permitted in the Light Industrial District (LM).
B.
District regulations.
(1)
Front yard required: same as § 303-27B(1).
(2)
Side yard required: same as § 303-27B(1).
(3)
Rear yard required: same as § 303-27B(1).
(4)
Building height limit: same as § 303-27B(2).
(5)
Plot plan. A plot plan shall be submitted to the Common Council, or its delegate, and approved before the issuance of a building permit. Said plan shall show the front elevation, the setbacks, the off-street parking facilities, the loading facilities and the proposed landscaping.
(6)
Off-street parking. There shall be an off-street parking area, graveled or paved with dust-free material, provided within the industrial property providing a minimum of one car parking space per two employees, plus adequate parking space for visitors that will allocate one stall per every 500 square feet of office space.
§ 303-29 Public Use District (P).
Uses permitted shall be any public uses in accordance with those listed in Appendix A, Public Use District (P), after the site has been approved for such purposes by the Common Council.
§ 303-30 Cultivation and Crop District (C-AG).
A.
Uses permitted:
(1)
General cultivation, tillage or cropping activities of the soil in addition to forestry, nurseries, horticulture, floriculture and viticulture.
(2)
Accessory buildings and uses which are secondary to the above-stated uses.
B.
District regulations. Buildings or parts of buildings hereafter erected or structurally altered shall comply with lot area, setback and yard requirements of the One-Family Residence District (1R).
§ 303-31 General Agriculture District (AG).
A.
Uses permitted:
(1)
General farming, including dairying, livestock and poultry raising, forestry, nurseries, greenhouses and other similar enterprises or uses, except for farms and farms operated for the disposal or reduction of garbage, sewage, rubbish or offal.
(2)
One-family residence when for the purpose of providing housing for the owner, manager or employee of the agricultural enterprise on whose property the house is to be located.
(3)
Accessory buildings and uses which are secondary to the above-stated uses.
B.
District regulations.
(1)
Lot area. Buildings or parts of buildings hereafter erected or structurally altered and which are directly associated with the permitted agricultural district uses shall provide a lot area of not less than one acre, and no such lot shall be less than 150 feet in width. Buildings or parts of buildings used for human habitation shall comply with requirements for the One-Family Residence District (1R).
(2)
Height; side and rear yard. For buildings or parts of buildings used for residential purposes, these requirements shall comply with requirements for the One-Family Residence District (1R).
§ 303-31.1 Wastewater Treatment Overlay District.
[Added 5-25-2006 by Res. No. 06-05]
This section shall be known, cited and referred to as the "Wastewater Treatment Overlay District" (hereinafter referred to as "WWT Ordinance").
A.
Purposes; authority; applicability.
(1)
The Wastewater Treatment District delineates that area where the principal use will be as a site for the wastewater treatment facilities for the City of Manawa. This Wastewater Treatment District is created to meet the requirements of § NR 110.15(3)(d) of the Wisconsin Administrative Code.
(2)
Section NR 110.15(3)(d) of the Wisconsin Administrative Code prescribes standards for the separation distances of sewage treatment facilities and other property.
(a)
An existing "mechanical" plant must have a five-hundred-foot separation from adjacent residential and commercial development.
(b)
In reviewing requests for conditional uses, the City will utilize the standard of review that will require said conditional use to be compatible with any present and future wastewater treatment facility in the described Wastewater Treatment Overlay District.
(c)
The regulations specified in this section shall apply within the City's corporate limit.
B.
Permitted uses.
(1)
The sewage treatment facilities will be inclusive but not limited to treatment facilities and all other related structures or mechanical devices necessary to treat wastewater, including all essential uses to operate the sewage treatment facilities.
C.
Conditional uses. The following conditional uses may be allowed if they will not be unreasonably affected by the proximity of the treatment plan and will not interfere with any future expansion needs of the ponds or plant:
(1)
Additions, enlargements, remodeling and replacement of lawful nonconforming structures existing at the time of the creation of this district and not changing the principal use at the structure.
(2)
Construction, additions, enlargement, remodeling, and replacement of accessory structures with a use customarily incidental the principal use of any lawful nonconforming structure or use existing at the time of the creation of this district and located on and proximate to such nonconforming structure or use, for example, for a nonconforming residential structure, a garage.
D.
Prohibited uses. No structures are permitted except those using essential services accessory to the principal permitted use, and all uses not specifically permitted.
E.
When effective. This section shall take effect after passage and publication according to law.