A. Action To Abate Nuisance: No provision of this title shall be construed to bar an action to enjoin or abate the use or occupancy of any land or structure as a nuisance under the appropriate laws of the state of Wisconsin.
B. Public Utility Lines: No provision of this title shall be construed to prohibit the customary and necessary construction, reconstruction or maintenance of overground or underground public utility neighborhood service lines and mechanical appurtenances thereto, where reasonably necessary for the preservation of the public health, safety, convenience and welfare.
C. Compliance With District Regulations: The use of buildings hereafter erected, converted in use, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such land or building is located.
D. Buildings On Lot: Every building hereinafter erected, converted in use, enlarged or structurally altered shall be located on a lot, and in no case shall there be more than one main building on one lot, on lots in the single-family residential, limited multiple-family residential and multiple-family residential districts and on lots containing any dwelling structure, except in a planned unit development, or as permitted by the board of zoning appeals.
E. Effect Of Title On Prior Building Permit Approvals:
1. Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part thereof for which a building permit has been issued before the effective date of this title, and the construction of which shall have been started within six (6) months from the date of such permit.
2. Effective upon the date of introduction of any ordinance amending district boundaries, properties which are the subject of said proposed ordinance shall be subject to the following restrictions until said ordinance is finally acted upon by the common council:
a. No construction, structural alteration, moving or demolition for which a permit is required shall be allowed.
b. No change of use shall be allowed.
F. Temporary Structures: Temporary structures erected for the purpose of providing shelter for materials and equipment of those engaged in the construction of a permanent building, or for use as a real estate sales field office, shall not be required to conform to the regulations of this title. Temporary structures shall require a temporary certificate of occupancy and shall be allowed on the premises for a period not to exceed one year.
G. Service Station, Garage Or Parking Lot Location: No service station, mechanical garage or public parking lot shall be erected, operated or maintained where an entrance or exit for motor vehicles is located on the same side of the street within three hundred feet (300') of a pedestrian entrance or exit from a public or private school, park, parkway, playground, public library, church, hospital, home for children or the aged, or other public or semipublic institution of similar character.
1. The existing lawful use of a building or premises at the time of the enactment of this title or any amendment thereto may be continued although such use does not conform with the provisions of this title for the district in which it is located; but no building or premises containing a nonconforming use shall be enlarged or extended. However, any building or structure, which is considered nonconforming only because it cannot meet the setback requirements of the zoning district, may be altered or structurally improved, provided that such alteration or structural improvement shall not enlarge or extend any existing nonconforming setback dimension.
2. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use.
3. A nonconforming use shall not be changed to another nonconforming use of the same classification unless and until a permit therefor shall first have been secured from the board of appeals, after investigation and public hearing, provided that the board shall find that the proposed change of use will be no more harmful to the character of the neighborhood than the existing nonconforming use.
4. If the nonconforming use of a building or premises is discontinued for a period of twelve (12) months, any future use of the building or premises shall conform to the regulations for the district in which it is located.
5. The total structural repairs or alterations in any nonconforming use shall not during its life exceed fifty percent (50%) of the equalized assessed value of the building unless permanently changed to a conforming use.
6. The construction, improvement or alteration of fences, screenings or plantings required for compliance with any other chapter or parts of this code shall be deemed not to be structural repairs or alterations as those terms are used in subsection H5 of this section.
I. Planned Unit Developments: Housing projects consisting of more than twelve (12) dwelling units shall meet the requirements of a planned unit development.
J. Accessory Buildings: Accessory buildings which are not a part of the main building shall not occupy more than thirty percent (30%) of the area of the required rear yard, shall not be more than eighteen feet (18') in building height, as defined in this title, and shall not be nearer than six feet (6') to any lot line. Where an accessory building is a part of the main building or is substantially attached thereto, the side yard and rear yard requirements for the main building shall be applied to the accessory building. Accessory buildings on through lots shall comply with setback requirements on both street frontages.
K. Uses Authorized After Investigation And Public Hearing: The board of appeals, after investigation and public hearing, may authorize the location of any of the following buildings or uses in any district, or, when specified, only in the districts so specified from which they are excluded, provided that the board shall find that the proposed location is necessary in order to serve the public health, safety, convenience and welfare; and provided further, that each such building or use shall comply with all other regulations for the district in which it is proposed to be located. To protect the value of neighboring buildings and uses, the board may attach reasonable conditions and safeguards, in conformance with the general intent of this title. The following uses may be authorized in any district or the districts specified, if any:
Airports, in agricultural and industrial districts.
Assisted living facilities and nursing homes, as defined in section 50.01, Wisconsin statutes, in any single-family residential district or any limited multiple-residential district.
Bed and breakfast establishments, as defined in ILHR section 51.01(11a), in residential districts.
Community living arrangements, as defined in section 46.03(22), Wisconsin statutes, meeting the criteria of section 59.69(15), Wisconsin statutes, and having a capacity of nine (9) to fifteen (15) persons in any single-family residential district.
Community living arrangements, as defined in section 46.03(22), Wisconsin statutes, meeting the criteria of section 59.69(15), Wisconsin statutes, and having a capacity of sixteen (16) or more persons in any residential district.
Domestic abuse organization and emergency shelter facilities, as defined in section 49.165, Wisconsin statutes, in any of the following zoning districts: limited multiple-family residential, multiple-family residential, general commercial, local commercial, local shopping center and technology park specialized industrial.
Fire and police stations.
General farming, except farms operated for the disposal of garbage, rubbish, offal, or sewage, may be allowed as a conditional use in any zoning district provided that all of the following conditions are met:
A. The property shall be at least five (5) acres in size, not including public rights-of-way or highway easements.
B. Horses, Livestock and Poultry shall be kept; and any stables, pens, corals, enclosures or barns used therefor shall be located; at least one hundred feet (100') from any property line that abuts a residential district, or any other district that allows residential as a permitted use, to protect health and safety.
C. A buffer strip shall be provided between crop farming and any property line that abuts a residential district, or any other district that allows residential as a permitted use, to control sediment.
Homeless shelter facilities in any of the following zoning districts: limited multiple-family residential, multiple-family residential, general commercial, local commercial, local shopping center and technology park specialized industrial.
Hospitals and clinics, but not veterinary hospitals or clinics in agricultural or residential districts.
Institutions, public or private, of an educational, philanthropic or charitable nature in agricultural or residential districts.
Nursery schools, daycare centers and child development centers in any residential district.
Private clubs and lodges, excepting those the chief activity of which is a service customarily carried on as a business in agricultural and residential districts.
Public dumping grounds in agricultural and general industrial districts.
Public utility buildings, structures and lines, including microwave radio relay structures and their appurtenances, for such purposes as are reasonably necessary for the public convenience and welfare, and mobile service support structures and mobile service facilities to be located in the following zoning districts: restricted industrial (I-1), restricted industrial II (I-2) and general industrial (I-3).
Railroad siding and structures.
Restaurant, tavern or banquet facility located on property that is seasonally operated as a golf course.
L. District Boundaries: Zoning district boundaries are presumed to extend from property boundaries to the centerline of abutting public rights of way.
M. Restriction On Accessory Use Or Building:
1. No accessory use or building may be placed upon any lot or parcel of land unless the zoning district in which said land is located permits the main use or building.
2. This restriction shall not apply to land within the conservancy district.
N. Community Living Arrangements: Community living arrangements, as defined in section 46.03(22), Wisconsin statutes, may not be established in any district when the total resident capacity of community living arrangements is one percent (1%) of the city's population, unless specifically permitted by the board of zoning appeals. Population shall be established by the most recent census by the U.S. bureau of the census. (Ord. 2016-16, 10-17-2016; amd. Ord. 2024-04, 3-18-2024)