This chapter is adopted under the authority granted by Wis. Stats. §§ 62.23(7) and 87.30 and amendments thereto.

(Ord. No. 2011-12, 12-13-2011)

This chapter shall be known as, referred to and cited as the "Zoning Code, City of Merrill, Wisconsin" and is hereinafter referred to as the "code" or "chapter."

(Ord. No. 2011-12, 12-13-2011)

The purpose of this chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the city.

(Ord. No. 2011-12, 12-13-2011)

The general intent and purposes in view of this chapter are to regulate and restrict the use of all structures, lands and waters and to:

(1)

Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people;

(2)

Divide the city into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;

(3)

Protect the character and the stability of the residential, business, manufacturing and other districts within the city and to promote the orderly and beneficial development thereof;

(4)

Regulate lot coverage, the intensity of use of the lot areas and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage;

(5)

Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements;

(6)

Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways;

(7)

Secure safety from fire, panic, flooding, pollution, contamination and other dangers;

(8)

Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the city;

(9)

Promote, preserve and protect the beauty of the city;

(10)

Prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

(11)

Provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;

(12)

Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters;

(13)

Further the maintenance of safe and healthful water conditions;

(14)

Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;

(15)

Provide for and protect a variety of suitable commercial and industrial sites;

(16)

Protect the traffic-carrying capacity of existing and proposed arterial streets and highways;

(17)

Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the city;

(18)

Provide for the administration and enforcement of this chapter; and to provide penalties for the violation of this chapter.

(Ord. No. 2011-12, 12-13-2011)

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Ord. No. 2011-12, 12-13-2011)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be construed to be a limitation or repeal of any other power now possessed by the city.

(Ord. No. 2011-12, 12-13-2011)

(a)

If any application of this chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in said judgment.

(b)

The city does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the common council, its agencies or employees for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter.

(Ord. No. 2011-12, 12-13-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting, means to have a common property line or district line.

Accessory use or structure, means a use or detached structure subordinate to the principal use of a structure, parcel of land or water and located on the same lot or parcel serving a purpose incidental to the principal use or the principal structure.

Acre, net, means the actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.

Airport, public, means any airport which complies with the definition contained in Wis. Stats. § 114.013(3), or any airport which serves or offers to serve common carriers engaged in air transport.

Alley, means a public or private right-of-way not more than 21 feet wide which affords only a secondary means of access to the side or rear of an abutting property.

Apartment, means a suite of rooms or a room in a multiple dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single-family, individual or group of individuals, with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking and eating.

Arterial street, means a public street or highway used or intended to be used primarily for large volume or heavy through traffic. Arterial streets shall include freeways and expressways as well as arterial streets, highways and parkways.

Automobile wrecking yard, means any premises on which is kept more than one vehicle, not in running order or operating condition, or in a general state of disrepair, which is not completely enclosed within a building.

Basement, means a story partly or wholly underground. The height of a basement shall be the vertical distance between the surface of the basement floor and the surface of the floor next above it. A basement shall be counted as a story for the purposes of height measurements if the vertical distance between the ceiling and the main level of the adjoining ground is more than five feet, or if used for business purposes, or if used for living purposes by other than the owner and his immediate family, and a janitor or servants of the owner.

Bed and breakfast establishment building, means a building that provides six or fewer sleeping rooms for temporary occupancy for compensation by transient guests who are traveling for business or pleasure and is the owner's personal residence and occupied by the owner at the time of rental. The partnership form of ownership shall be allowed under this definition.

Block, means a tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.

Boardinghouse, means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding ten persons and not open to transient customers.

Buildable lot area, means the portion of a lot remaining after required yards have been provided.

Building, means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.

Building, accessory, means a building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises. An automobile trailer or other vehicle or part thereof or other building shall not be used as a dwelling or lodging place and shall not be considered an accessory building or use.

Building, detached, means a building surrounded by open space on the same lot.

Building, height of, means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.

Building, principal or main, means the building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.

Building setback line, means a line parallel to the lot line at a distance parallel to it, regulated by the yard requirements set up in this Code.

Business, means an occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.

Canopy, means a rigid structure attached to and extending outward from a building, designed to protect the building and/or people under the canopy from the sun, rain or snow.

Carport, means an automobile shelter having a roof and 50 percent wall area of the sides open.

Cellar, means that portion of a building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. This portion is not a completed structure and serves as a substructure or foundation for a building.

Channel, means those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.

Clinic, medical or dental, means a group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed-patient care.

Club or lodge, means a building or portion thereof or premises owned by a corporation, association, person for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as business.

Community living arrangement, means the following facilities licensed or operated or permitted under the authority of the state statutes: Child welfare agencies under Wis. Stats. § 48.60, group foster homes for children under Wis. Stats. § 48.02(7m) and community-based residential facilities under Wis. Stats. § 50.01, but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable sections of the state statutes, including Wis. Stats. §§ 46.03(22), 69.97(15), 62.23(7)(i) and 62.23(7a), and amendments thereto, and also the state administrative code.

Conditional use, means the occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning district, which for their respective conduct, exercise or performance in such designated districts may require reasonable, but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, condition modification, or regulations in such district for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the city and, therefore, may be permitted in such district only by a conditional use permit.

Conservation standards, means guidelines and specifications for soil and water conservation practices and management enumerated in the technical guide, prepared by the USDA Natural Conservation Resource Service for Lincoln County, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.

Controlled access arterial street, means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.

Corner lot, means a corner lot shall be a parcel of property abutting on two or more streets at their intersection providing that the interior angle of such intersection is less than 135 degrees.

Development, means any manmade change to improved or unimproved real estate, including but not limited to, construction of or additions or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or disposition of materials.

District, basic, means a part of the city for which the regulations of this chapter governing the use and location of land and building is uniform.

District, overlay, is a regulatory area that, provides for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.

Dwelling, means a building designed or used exclusively as a residence or sleeping place, but does not include, boardinghouses or lodginghouses, motels, hotels, tents, cabins or mobile homes.

Dwelling, efficiency, means a dwelling unit consisting of one principal room with no separate sleeping rooms.

Dwelling, multiple-family, means a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling, single-family, means a building designed for or occupied by one family, detached from other dwellings.

Dwelling, two-family, means a building containing two separate dwellings, or living, units, designed for occupancy by not more than two families.

Dwelling unit, means a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.

Essential services, means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Family, means an individual living alone, or two or more people related by marriage or blood living as a single unit; or a group of not more than four people that need not be related by blood living in a single unit for housekeeping, as distinguished from a hotel, club, lodge or rooming house.

Farming, general, means general farming shall include floriculture, forest and game management, orchards, raising of grain, grass, mint and seed crops, raising of fruits, nuts and berries, sod farming and vegetable farming. The term "general farming" means and includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

Farmstead, means a single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.

Floor area, means the square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building, but not including porches, garages or space in a basement or cellar when the same is used for storage or incidental uses.

Floor area, business and manufacturing buildings, means for the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. The term "floor area" means and includes elevators and stairways, accessory storage areas located within selling or working space occupied by counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, the term "floor area," for the purposes of determining off-street parking spaces, does not mean and include the floor area devoted primarily to storage purposes, except as otherwise noted herein.

Foster family home, means the primary domicile of a foster parent which is four or fewer foster children and which is licensed under Wis. Stats. § 48.62, and amendments thereto.

Front yard, means an area extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the front lot line and a line parallel thereto through the nearest point of the principal structure. This area shall be opposite the rear yard. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimensions.

Frontage, means all the property butting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.

Frontage, reversed, means where the rear lot line of a corner lot coincides with all or part of the side lot line of an adjoining lot in the same block.

Garage, private, means an accessory building or space for the storage of vehicles.

Garage, public, means any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.

Garage, storage, means any building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements, not to transients, where no equipment, parts, fuel, grease or oil are sold and vehicles are not equipped, serviced, repaired, hired or sold.

Grade, when used as a reference point in measuring the height of a building, means the average elevation of the finished ground at the exterior walls of the main building.

Group foster home, means any facility operated by a person required to be licensed by the state under Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.

Home occupation, means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services that is clearly secondary to the residential use and does not change the character of the structure as a residence and meets all the applicable limitations of this chapter.

Hospital, means an institution intended primarily for the medical diagnosis, treatment and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing for bed-patient care.

Hotel, means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

Institution, means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junk, means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. The term "junk" includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

Junkyard, means any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted, including but not limited to, used, salvaged or new scrapped base metal or metals, their compounds or combinations, used for salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

Loading area, means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lodginghouse, means a building where lodging only is provided for compensation for not more than three persons not members of the family.

Lot, means a parcel of land having frontage on a public street, or in the case of a PUD other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area and other open space provisions of this Code as pertaining to the district wherein located.

Lot area, means the area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfares.

Lot coverage, means the sum of the areas within the actual outside lines of the walls of a principal structure and the area within the outside lines of the walls of all accessory buildings or structures on, or proposed, for a lot, divided by the total lot area.

Lot, corner, means a lot situated at the intersection of two streets.

Lot, interior, means a lot with frontage on only one street.

Lot, through, means a lot other than a corner lot with frontage on two streets.

Lot depth, means the shortest horizontal distance between the front lot line and the rear lot line measured at a 90 degree angle from the front property line.

Lot line, means legally established lines dividing one lot, plot of land or parcel of land from an adjoining lot or plot of land or parcel of land as defined herein.

Lot line, front, means a line separating the lot from the street or approved private road.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side, means any lot boundary line not a front line or a rear lot line.

Lot of record, means a lot which has been recorded in the office of the register of deeds prior to the effective date of the ordinance from which this chapter is derived.

Lot width, means the horizontal distance between the side lot lines at the front building setback line.

Mobile home, means a manufactured home that is HUD certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. A mobile home is a transportable structure, being eight feet or more in width, not including the overhang of the roof, built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.

Mobile home lot, means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.

Mobile home park, means any lot on which two or more mobile homes are parked for the purpose of permanent habitation and including any associated service, storage, recreations and other community service facilities designed for the exclusive use of park occupants.

Mobile home subdivision, means a land subdivision, as defined by Wis. Stats. ch. 236 and any city land division ordinance, with lots intended for the placement of individual mobile home units. Individual homesites are in separate ownership as opposed to the rental arrangements in mobile home parks.

Modular home, means a prefabricated, detached single- or two-family dwelling designed for longterm occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems, which is or was designed to be transported and mounted on a permanent foundation.

Motel, means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

Nonconforming lot, means a lot of record existing on the date of passage of the ordinance from which this chapter is derived, which does not have the minimum width or contain the minimum area for the zone in which it is located.

Nonconforming uses, means any structure, use of land, use of land and structure in combination or characteristic of use, such as yard requirement or lot size, which was existing at the time of the effective date of the ordinance from which this chapter is derived, or amendments thereto and which is not in conformance with this Code. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.

Nursing home, means an establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted, in which not less than three persons live, are kept or are provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or the care of the sick or injured.

Parking lot, means a structure or premises containing five or more parking spaces open to the public.

Parties in interest, means and includes all abutting property owners, all property owners within 100 feet or 300 feet, as the case may be, and all property owners of opposite frontages.

Planned unit development, means a large lot or tract of land containing two or more principal buildings or uses developed as a unit where such buildings or uses may be located in relation to each other rather than to a lot line or zoning district boundaries.

Rear yard, means an area extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure.

Restaurant, means a business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in an area designated for the public to dine.

Restaurant, drive-in, means a business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either on or off the premises, or at vehicles parked on the premises.

Retail, means the sale of goods or merchandise in small quantities to the consumer.

Retaining wall, means a structure built to support or prevent the advance of a mass of earth or water.

Roadside stand, means a structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered and not wholly enclosed, and used solely for the sale of farm products produced on the premises.

Setback, means the minimum horizontal distance between a lot line and the nearest point of the foundation wall or, in the case of an accessory building without a foundation, the wall of a building or structure. The overhang cornices shall not exceed 24 inches. Any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.

Side yard, means an area extending from the front yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.

Signs, means any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Site plan, means and includes, but is not limited to, a drawing to scale at not less than one inch equals 50 feet, showing all physical aspects of a lot or parcel such as buildings, setback dimensions, sidewalks, driveways, playgrounds, parking, and so forth which pertain to the proposed development and its relation to the surrounding area in conformance to the zoning of the area in which the development will exist.

Story, means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.

Story, half, means that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this Code.

Street, means property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.

Structure, means anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

Temporary structure, means a movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.

Tourist camp, means a tract or parcel of land on which one or more automobile trailers, tents or camp cabins are located, open to the public free or for a fee.

Use, means the purpose or activity for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.

Use, accessory, means a subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.

Use, principal, means the main use of land or building as distinguished from subordinate or accessory use.

Utilities, means any public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, inclusive of associated transmission facilities, but not including, sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.

Variance, means a relaxation of the terms of this chapter by the board of appeals where the literal enforcement of this chapter would deny to the property owner a use of his property enjoyed as a right by other property owners within the same zoning district.

Vehicle, motor or passenger, means an automobile, truck, SUV, motorcycle, or similar device licensed by the State of Wisconsin for use on public roads, for the principal use of transportation of persons, goods, and belongings but not an ATV, Dirt Bike, or snowmobile or similar device.

Vision setback area, means an unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersections of highways or streets with railroads. Such vision setback area shall be bounded by the intersecting highway, street, alley or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from this intersection as specified in this chapter.

Zero lot line, means the concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between said units.

Zoning permit, means a document issued by the zoning administrator to certify that the use of lands, structures, air and waters subject to this chapter are or shall be used in accordance with the provisions of said chapter.

(Ord. No. 2011-12, 12-13-2011)

(a)

Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the city. The provisions of this chapter shall be held to be the minimum requirements for carrying out the intent and purpose of this chapter.

(b)

Compliance—Generally. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

(c)

Compliance—With district regulations. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, 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 building or land is located.

(d)

Yard reduction or joint use.

(1)

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 space required for a structure or use shall be used for any other structure or use.

(2)

No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open spaces or minimum lot area requirements for any other structure or parcel.

(e)

Lots abutting more restrictive district. Any yard, abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards in the two districts which abut the district boundary line.

(f)

Relationship with comprehensive plan. No use shall be established on a site or lot within the city, unless the proposed use is consistent with the recommendations of the city's comprehensive plan, as amended from time to time.

(g)

Relationship with other laws. Where the conditions imposed by any part of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive, or impose higher standards or requirements, shall be enforced.

(Ord. No. 2011-12, 12-13-2011)

Only the following uses and their essential services may be allowed in any district:

(1)

Permitted uses. Permitted uses, being the principal uses, specified for a district.

(2)

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

(3)

Conditional uses.

a.

Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval in accordance with article IV of this chapter, excepting those existent at time of adoption of the zoning code.

b.

Conditional use, when replaced by permitted use, shall terminate. In such case, the reestablishment of any previous conditional use, or establishment of new conditional use shall require review, public hearing and approval in accordance with article IV of this chapter.

c.

Conditional uses authorized by the common council shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.

d.

Conditional uses authorized by the common council shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without common council approval and the procedures required in article IV of this chapter.

(4)

Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in section 113-34 shall be considered to be prohibited, except as may be otherwise specifically provided hereinafter. In case of a question as to the classification of an unlisted use, the question shall be submitted to the zoning board of appeals for determination, following a recommendation from the zoning administrator, in accordance with the following procedure:

a.

Application. Application for determination for classification of an unlisted use shall be made in writing to the zoning administrator and shall include a detailed description of the proposed use and such other information as may be required by the zoning board of appeals to facilitate the determination.

b.

Investigation. The zoning board of appeals shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter and to recommend its classification.

c.

Determination. The determination of the board of appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The zoning board of appeals shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in section 113-9.

d.

Effective date of determination. At the time of this determination of the classification of the unlisted use by the board of appeals, the classification of the unlisted use shall become effective.

(Ord. No. 2011-12, 12-13-2011)

(a)

Street frontage. All lots shall abut upon a public street and each lot shall comply with the dimensional requirements of the zoning district in which it is located. For cul-de-sac lots, the measurement shall be taken at the front setback building line.

(b)

Principal structures. All principal structures shall be located on a lot. Except in the case of planned unit developments, not more than one principal building or use and its accessory buildings or uses may be located on a lot. The common council may permit, as a planned unit development, more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the common council may impose additional yard requirements, landscaping requirements, parking requirements or require a minimum separation distance between principal structures, or other requirements as deemed necessary or appropriate.

(c)

Dedicated street. All lots shall abut a public street or approved private road or way which is constructed to applicable standards. No zoning 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.

(d)

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the common council, upon the recommendation of the plan commission, 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 plan commission, in applying the provisions of the section, shall, in writing, recite the particular facts upon which it bases its 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 its determination of unsuitability when making its recommendation to the common council.

(e)

Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1½ horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the common council, upon the recommendation of the plan commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

(f)

Retaining walls. Retaining walls may be permitted anywhere on the lot, provided however, that no individual wall shall exceed five feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls and provided further that along a street frontage no such wall shall be closer than three feet to the property line. Acceptable materials shall include reinforced concrete, concrete block, faced block, wood timbers, or other approved materials. The zoning administrator may require engineering design calculation to verify proposed wall height.

(g)

Decks and porches. For purposes of this chapter, decks and porches, when attached to a building or structure shall be considered a part of the building or structure.

(h)

Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the said vacated area shall not be affected by such proceeding.

(i)

Platting. All buildings hereafter erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land platting.

(j)

Dwelling units. No cellar, basement or unfinished home, garage, tent, recreational vehicle, trailer or accessory building shall, at any time, be used as a dwelling unit. Basements shall not be used as dwelling units, except where specifically designed for such use through proper damp-proofing, fire-protecting walls and other requirements as may be imposed by the building and housing codes.

(k)

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 administrator. The permit shall specify a time limit for the use of the structure.

(Ord. No. 2011-12, 12-13-2011)

(a)

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

(1)

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

(2)

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

(3)

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

(4)

Communication structures. 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)

Public or semipublic facilities. Facilities such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, setbacks are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.

(b)

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

(1)

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

(2)

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

(c)

Average building setbacks. in residential districts, except for corner lots, required setbacks shall be modified in the following cases: where 50 percent or more of the frontage on a block is occupied by residences having setbacks less than that required by this chapter, setback on each remaining lot shall be determined in accordance with the following rule: The front setback line for a proposed structure shall be no nearer the front lot line than a line between the front yard lines of the nearest principal structures adjacent to either side of the proposed structure. If, no principal structure exists to one side of a proposed structure, a structure may be assumed to exist on the vacant lot which conforms to the minimum setback and yard requirements of this chapter.

(d)

Corner side yards. The required side yard on the street side of corner lots shall be at least 50 percent greater than the minimum specified for the district.

(Ord. No. 2011-12, 12-13-2011)

For the purpose of providing a safe and reasonable building elevation, all occupied buildings shall conform with one of the following conditions:

(1)

The first floor elevation of the principal structure, shall be a minimum of 18 inches over the centerline of the street; in the front yard.

(2)

The floor elevation of a garage building or accessory building shall provide for positive drainage away from the building. The zoning administrator, at his discretion, may require a grading and drainage plan be prepared.

(3)

Where a building is located below the street level, it shall have a drainage swale around the building with a minimum of 18 inches from the first floor to the bottom of the swale;

(4)

Where neither subsection (1) or (2) of this section is possible, the owner shall file an affidavit recorded at the county register of deeds as to said lack of elevation on a form prescribed by the city.

(Ord. No. 2011-12, 12-13-2011)

(a)

Purpose and definitions.

(1)

The purpose of this section is to establish basic design guidelines for any commercial development to better ensure that it is compatible with the surrounding area and community character, and does not negatively affect the city and property owners near the development. The intent of the guidelines is to promote the use of quality materials and design, and to achieve development that benefits the economic value of the community. Any new development, or exterior improvements to an existing commercial building shall conform as closely as possible to these guidelines, and shall require the review and approval of the city plan commission which shall have the flexibility to consider the unique requirements of the individual development.

(2)

It is not the purpose or intent of this section to place undue hardship, financial or otherwise, on any property owner, rather to have businesses and property owners consider the impact of physical changes to their properties on neighboring properties and the community as a whole. Professionally designed plans are not required to comply with design criteria, though preferred. City plan commission review criteria shall include anticipated cost to the owner. Work on a commercial building requires a city building permit or zoning permit review in compliance with these guidelines.

(3)

Considerations for approval of proposals shall include costs, return on investment, hardship to property owners and any difficulties encountered in compliance with ordinance provisions.

(b)

Aesthetic and visual guidelines. All parcels, lots, or commercial development sites shall be expected to comply as closely as possible with the following provisions, subject to review by the plan commission:

(1)

Windows:

a.

Windows and window displays of buildings should be used to contribute to the visual interest of exterior facades. Existing buildings having windows replaced shall have new windows installed that match, as closely as possible in size the original window opening, and all closed-up window openings on the existing building should again become windows, if consistent with the proposed use.

b.

Windows of buildings should be recessed and include visually prominent sills, shutters, or other such forms of framing.

(2)

Facades and exterior walls, including sides and backs.

a.

Buildings should be designed in a way that will reduce massive scale and uniform and impersonal appearance and provide visual interest consistent with the community's identity, character, and scale. Consider removing false facades from existing masonry buildings when the exterior is repaired, or renovated, and the underlying masonry building restored to its original appearance.

b.

The street level facade of retail stores should be transparent between the height of three feet and eight feet above the walkway grade for a significant portion of the horizontal length of the building facade if appropriate for the intended use. For corner lots the street level facade is along the primary street.

c.

Along any public street frontage, the building design shall include vision windows, arcades, awnings or other similar features along at least a significant portion of the building length. Architectural treatment, similar to that provided to the front facade should be provided to the sides and rear of the building to mitigate any negative view from any location off-site and any public area, for example, parking lots, walkways, etc., on-site. Where the facade faces adjacent residential uses, sufficient landscaping shall be used to buffer the residences.

(3)

Detail features. The building should include architectural features that reduce any massive aesthetic effect by breaking up the building wall, front, side, or rear, with color, texture changes, wall offsets, reveals, or projecting ribs.

(4)

Roofs. The roof design should provide variations in rooflines and reduce any massive scale of large buildings. Parapet walls should be architecturally treated to avoid a plain, monotonous look.

(5)

Materials and color. The buildings shall have exterior building materials and colors that are aesthetically pleasing and compatible with materials and colors that are consistent in scheme to adjoining buildings in the district. This includes the use of quality materials and colors that are low-reflective, subtle, neutral, or earth tone. Examples of preferred quality materials are brick, sandstone, and other native stone. If construction materials such as tilt-up concrete, smooth-faced concrete block and other similar materials are used, the exterior surface should be covered with an acceptable architectural treatment.

(6)

Entryways.

a.

The building design should provide design elements that clearly indicate to customers where entrances are located and which add aesthetically pleasing character to the buildings. Larger retail buildings should feature multiple entrances.

b.

If a building faces multiple public or private rights-of-way, it should feature no less than two entrances.

(7)

Screening or mechanical equipment. Mechanical equipment shall be screened to mitigate noise and views in all directions. If roof-mounted, the screen should be designed to conform architecturally to the design of the building, either with varying roof planes or with parapet walls.

(c)

Site design and relationship to surrounding community.

(1)

Landscaping. Each parking area should be surrounded by a landscaped area around its edge. Shade and ornamental trees should be used in the parking areas, with the amount and placement to be determined through consultation with the city forester. Species should be suitable for their location including resistance to salt damage and appropriateness for climate.

(2)

Outdoor lighting. Outdoor lighting should provide clear visibility and a feeling of security by aiming the lights down, placing hoods on them, and by keeping the height of parking lot light standards as short as possible.

(3)

Buffers. Uses, such as, but not limited to, parking or storage, shall not be located within a landscape buffer area.

(4)

Outdoor sales and storage. Areas for outdoor sales of products should be extensions of the sales floor into which patrons are allowed free access. Such areas should be incorporated into the overall design of the building and landscaping, and be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls and/or fences should conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering should be similar in materials and colors to those that are predominantly used on the building facade.

(5)

[Visual and noise impacts.] Delivery and loading operations should be designed and located to mitigate visual and noise impacts to streets and adjoining residential neighborhoods by landscaping and/or setbacks.

(6)

[Screening.] The delivery and loading areas on the property should be screened or enclosed so that they are not visible from public streets, public sidewalks, internal pedestrian walkways or adjacent properties. The screen should be of masonry construction and at least ten feet high or of a design approved by the plan commission.

(d)

Accessory uses. Any accessory uses shall be oriented to face away from any residential use or residentially zoned property adjacent to the site as reasonably possible.

(e)

Temporary and seasonal uses. Non-enclosed areas for the storage and sale of seasonal inventory should be permanently defined and screened with walls and/or fences. Materials, colors, and designs of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors of the building.

(f)

Trash collection area. Loading docks, truck parking, outdoor storage, utility meters, heating, ventilation and air conditioning (HVAC) equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping and no attention is attracted to the functions by the use of screening materials that are not substantially different from or inferior to the principal materials of the building and landscape.

(g)

Parking lots and structures. See also article VI.

(1)

Parking areas are to provide safe, convenient and efficient access for vehicles and pedestrians. They should be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks, and to reduce the overall scale of the paved surface. Ideally, no more than 30 percent of the total parking provided should be located on any side facing a street, unless approved by the city plan commission. No more than 60 percent of the off-street parking area for the entire property should be located between the front facade within the front yard of the principal building and the primary abutting street, unless the principal building and/or parking lots are screened from view by additional tree planting and/or berms.

(2)

Landscaping shall be used to define parking areas, primary vehicular drives and pedestrian areas in an aesthetically and environmentally pleasing manner, and achieve the same high-quality design and appearance as the buildings they serve.

(Ord. No. 2011-12, 12-13-2011)